Dry Eye Rescue, LLC.

Terms of Service

These websites are operated by Dry Eye Rescue LLC, a Florida Limited Liability company with its principal place of business at 1200 S. Rogers Circle, Suite 16, Boca Raton, Florida 33487. This includes Dry Eye Rescue, Dry Eye Rescue Pro, Vision Rescue, and Vision Rescue Pro, as all such sites are owned and operated by Dry Eye Rescue LLC. By visiting our sites and/or purchasing from us, you agree to be bound by the following Terms of Service, including all additional policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including retail customers, wholesale account holders, browsers, vendors, merchants, and contributors of content.

Throughout these Terms, "we," "us," and "our" refer to Dry Eye Rescue LLC. "You" and "your" refer to the visitor, customer, or wholesale account holder accessing or transacting on any of our sites.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all terms and conditions, you may not access the website or use any services. Any new features or tools added to the current store are also subject to these Terms of Service. We reserve the right to update, change, or replace any part of these Terms at any time by posting updates to this page. Your continued use of the site following any posted changes constitutes acceptance of those changes.

Section 1 — Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your access to our services.

Section 2 — General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content, not including credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to the service without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 — Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information that is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the service, or any part or content thereof, without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.

Section 5 — Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns & Refunds Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction at our sole discretion and on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Section 6 — Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors without prior authorization.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

Section 7 — Optional Third-Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider.

Section 8 — Third-Party Links

Certain content, products, and services available via our service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party sites and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 — User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party's intellectual property or these Terms. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order. We undertake no obligation to update, amend, or clarify information in the service or on any related website, except as required by law.

Section 12 — Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

Section 13 — Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are, except as expressly stated by us, provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Dry Eye Rescue LLC, its members, managers, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product. Where applicable state law does not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Section 14 — Indemnification

You agree to indemnify, defend, and hold harmless Dry Eye Rescue LLC and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 — Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 — Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

Section 17 — Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 — Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising under or related to these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in Palm Beach County, Florida, and each party hereby consents to personal jurisdiction and venue in such courts. The prevailing party in any such dispute shall be entitled to recover its reasonable attorneys' fees and costs.

Section 19 — Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 — ADA Accessibility

Dry Eye Rescue LLC is committed to ensuring that all of its websites are accessible to individuals with disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA), as amended, and Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, the recognized technical standard for web accessibility under the ADA. This commitment applies across all of our sites, including our retail and wholesale platforms.

Our Commitment

We believe that every visitor to our sites, regardless of ability, deserves a full and equal experience. We engage third-party accessibility auditing and compliance software providers on an ongoing basis to conduct real-time monitoring, automated scanning, and periodic manual audits of our digital properties. We maintain dated compliance certifications and timestamped remediation records through these partnerships. Our ongoing accessibility efforts include screen reader compatibility and keyboard navigation support, sufficient color contrast ratios, accessible form labels and error identification, and regular audits and remediation.

Accessibility of This Page

This page and the navigation path to reach it have been specifically tested and verified for compatibility with screen readers, keyboard-only navigation, and other assistive technologies.

We Want to Help

If you are a person with a disability and you encounter any difficulty accessing any portion of our websites, please contact us at orders@dryeyerescue.com or by mail at Dry Eye Rescue LLC, 1200 S. Rogers Circle, Suite 16, Boca Raton, FL 33487. We will respond promptly and personally and work with you to ensure you have full access to our content and services.

Third-Party Content

Some functionality on our sites is provided by third-party platforms such as Shopify. We make reasonable efforts to ensure that third-party integrations meet accessibility standards but cannot guarantee the accessibility of all third-party content.

Pre-Suit Notice and Opportunity to Cure

While no statute requires formal pre-suit notice for ADA website claims, courts within the Eleventh Circuit and the Southern District of Florida have consistently recognized that a plaintiff who fails to provide a business with notice and a reasonable opportunity to cure prior to filing suit undermines any claim of good-faith effort to obtain access and bears directly on the question of standing, mootness, and the propriety of injunctive relief. See Houston v. Marod Supermarkets, Inc., 733 F.3d 1323 (11th Cir. 2013) (standing requires genuine intent to return and use); Schultz v. Draper & Kramer Mortg. Corp., No. 22-cv-61010 (S.D. Fla. 2022) (dismissing serial plaintiff for lack of standing). We respectfully request that any individual who believes they have encountered an accessibility barrier contact us before filing any complaint or initiating any legal proceeding. We maintain a log of all accessibility inquiries and remediation actions taken in response.

Regarding Automated and Serial Accessibility Claims

Dry Eye Rescue LLC is aware of the well-documented pattern of serial ADA website litigation in which plaintiffs and their counsel use automated web scraping tools, rather than actual assistive technology, to generate demand letters targeting businesses with no genuine allegation of a personal, real-world barrier to access. The Supreme Court's decision in Acheson Hotels, LLC v. Laufer, 601 U.S. 1 (2023), while resolving on mootness grounds, produced concurring opinions from multiple Justices expressly questioning the legitimacy of tester standing in ADA cases. Justice Thomas, joined by Justice Alito, wrote separately to state that tester standing in the ADA context is constitutionally suspect. Justice Jackson similarly questioned whether a self-appointed tester with no concrete plans to use a facility or website suffers the injury-in-fact required for Article III standing.

Following Acheson, district courts across the country, including courts in Florida, have applied heightened scrutiny to serial ADA plaintiffs and have dismissed cases where the plaintiff could not demonstrate a genuine personal encounter with a barrier through actual use of assistive technology, a concrete intent to return to or transact on the website, and a real nexus between the alleged barrier and the plaintiff's disability.

Dry Eye Rescue LLC maintains comprehensive records of its accessibility compliance program, including audit certifications, remediation logs, and all accessibility-related communications. Any claim asserting willful non-compliance will be met with this documentation. Any claim filed without prior contact, without evidence of actual assistive technology use, or without a demonstrable intent to transact on our sites will be challenged on standing grounds at the earliest opportunity. To the fullest extent permitted by applicable law, Dry Eye Rescue LLC will seek recovery of attorneys' fees and costs under 42 U.S.C. Section 12205 in response to any claim determined by a court to be frivolous, unreasonable, or without foundation.

Dry Eye Rescue LLC exists to serve people living with eye disease, vision impairment, and chronic ocular conditions. Many of our customers live with low vision, light sensitivity, and other disabilities that affect their ability to see and interact with the world. Accessibility is not a legal checkbox for us. It is personal. It is core to who we are and who we serve. That is precisely why we take fraudulent, automated, bad-faith accessibility litigation so seriously.

Section 21 — HIPAA

Dry Eye Rescue LLC recognizes its obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH), and the regulations promulgated thereunder, including the HIPAA Privacy Rule (45 C.F.R. Parts 160 and 164) and the Security Rule. To the extent Dry Eye Rescue LLC receives, transmits, or maintains Protected Health Information (PHI) in connection with any transaction on our sites, including wholesale purchases involving prescription drug products, we implement and maintain reasonable and appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of that information.

Safeguards

Our safeguards include access controls limiting PHI access to authorized personnel with a business need to access it, encryption of PHI during electronic transmission, internal policies and procedures governing the use and disclosure of PHI, training of workforce members who handle PHI on applicable requirements, and breach notification procedures consistent with HIPAA's Breach Notification Rule (45 C.F.R. Part 164, Subpart D).

Business Associate Agreements

Where Dry Eye Rescue LLC functions as a Business Associate under HIPAA, meaning where it performs services on behalf of a Covered Entity involving the use or disclosure of PHI, we will execute a Business Associate Agreement (BAA) consistent with the requirements of 45 C.F.R. Section 164.504(e) prior to handling such PHI. Covered entities seeking to establish a BAA should contact orders@dryeyerescue.com.

Minimum Necessary

We use and disclose only the minimum amount of PHI necessary to accomplish the intended purpose of the use or disclosure, consistent with the HIPAA minimum necessary standard under 45 C.F.R. Section 164.502(b).

No Sale of PHI

Dry Eye Rescue LLC does not sell Protected Health Information to any third party.

Breach Notification

In the event of a discovered breach of unsecured PHI, we will notify affected parties and, where required, the U.S. Department of Health and Human Services, in accordance with the timelines and procedures set forth in HIPAA's Breach Notification Rule.

Wholesale Customer Obligations

Wholesale customers who are Covered Entities or Business Associates under HIPAA are independently responsible for their own HIPAA compliance obligations in connection with any PHI transmitted through transactions with us. Buyers must promptly notify Dry Eye Rescue LLC of any known or suspected breach of PHI arising from a transaction under this relationship. HIPAA-related inquiries may be directed to compliance@dryeyerescue.com or by mail to Dry Eye Rescue LLC, 1200 S. Rogers Circle, Suite 16, Boca Raton, FL 33487.

Section 22 — DSCSA Compliance

Dry Eye Rescue LLC, through its wholesale pharmaceutical distribution operations, operates in full compliance with the Drug Supply Chain Security Act (DSCSA), 21 U.S.C. Section 360eee et seq., and all applicable FDA guidance and regulations. The DSCSA establishes an electronic, interoperable system for tracking and tracing prescription drug products through the pharmaceutical supply chain in order to protect patients and facilitate the rapid identification and removal of suspect or illegitimate products.

Licensure and Credentials

Dry Eye Rescue LLC holds a Florida Wholesale Drug Distributor License (License No. 2220339) and operates under the oversight of a Certified Designated Representative (CDR No. 8812868). We pursue and maintain wholesale drug distributor licensure in all states where we conduct wholesale pharmaceutical distribution activities and maintain all such licenses in active, good standing.

Authorized Trading Partners

We verify the licensure and Authorized Trading Partner (ATP) status of all trading partners prior to engaging in any transaction involving prescription drug products, consistent with DSCSA requirements. We do not knowingly engage in transactions with unlicensed or unauthorized entities.

Transaction Documentation

For each transaction involving prescription drug products, we capture, retain, and transmit as applicable:

     Transaction Information (TI) — the product identifier, quantity, lot number, expiration date, and the business name and address of the transferor and transferee

   Transaction History (TH) — the TI for each prior transaction in the chain going back to the manufacturer

  Transaction Statement (TS) — an attestation that the product was acquired from an authorized trading partner and is not known to be suspect or illegitimate

Transaction documentation is retained for a minimum of six years from the date of each transaction, consistent with DSCSA requirements.

Product Serialization and Traceability

We utilize GS1-compliant barcode scanning and inventory management systems to capture and verify product identifier data at the package level. This supports DSCSA's serialization and traceability requirements and facilitates rapid product verification when needed.

Suspect and Illegitimate Product

We maintain written procedures for identifying, quarantining, investigating, and reporting suspect or illegitimate prescription drug products in accordance with 21 U.S.C. Section 360eee-1(b). Upon identifying a product as illegitimate, we will promptly notify the FDA and affected trading partners as required by law.

Wholesale Buyer Obligations

Wholesale purchasers of prescription drug products from Dry Eye Rescue LLC are independently responsible for their own DSCSA compliance obligations, including verification of their own ATP status and maintenance of required licensure, receipt and retention of required TI, TH, and TS documentation, compliance with applicable serialization verification requirements, and reporting of any suspect or illegitimate product to the FDA and to Dry Eye Rescue LLC. DSCSA compliance inquiries may be directed to orders@dryeyerescue.com or by mail to Dry Eye Rescue LLC, Attn: Designated Representative, 1200 S. Rogers Circle, Suite 16, Boca Raton, FL 33487.

Section 23 — Tax Compliance

Dry Eye Rescue LLC is committed to compliance with all applicable federal, state, and local tax laws governing its business activities, including sales tax, use tax, excise tax, and income tax obligations. The following sets forth each party's respective tax responsibilities in connection with purchases made through our sites.

Our Tax Obligations

Dry Eye Rescue LLC collects and remits applicable sales and use taxes on transactions as required by applicable state and local law. Where required, we are registered to collect sales tax in applicable jurisdictions and remit collected taxes on the applicable schedule. We maintain records sufficient to support our tax filings and positions.

Buyer Tax Obligations

Each buyer, whether retail or wholesale, is independently responsible for their own tax compliance in connection with purchases from our sites. This includes determining whether purchases are subject to sales or use tax in your jurisdiction, providing a valid and current tax exemption certificate or resale certificate to Dry Eye Rescue LLC prior to the time of purchase where applicable, remitting any sales, use, or excise taxes owed to the appropriate taxing authority that are not collected by Dry Eye Rescue LLC, and maintaining adequate records to support all tax positions taken in connection with purchases from us.

Exemption and Resale Certificates

Buyers claiming a sales tax exemption must provide a valid, fully executed exemption or resale certificate acceptable under the laws of the applicable state prior to the time of purchase. Exemption certificates will be applied prospectively from the date of receipt. Dry Eye Rescue LLC is not obligated to issue retroactive credits for transactions completed before a valid certificate was on file. Buyers are responsible for the accuracy and continued validity of any exemption certificate provided. Providing a fraudulent or invalid exemption certificate may result in account suspension and Buyer's liability for any resulting tax, interest, or penalties.

No Tax Advice

Nothing in this policy or in any communication from Dry Eye Rescue LLC constitutes tax advice. Buyers are encouraged to consult qualified tax counsel regarding their specific tax obligations in connection with purchases from our sites. Tax-related inquiries may be directed to orders@dryeyerescue.com or by mail to Dry Eye Rescue LLC, 1200 S. Rogers Circle, Suite 16, Boca Raton, FL 33487.

Section 24 — Contact Information

Questions about these Terms of Service should be sent to us at compliance@dryeyerescue.com or by mail to Dry Eye Rescue LLC, ATTN: Compliance, 1200 S. Rogers Circle, Suite 16, Boca Raton, FL 33487.

Last Revised: August 2026

Dry Eye Rescue LLC | 1200 S. Rogers Circle, Suite 16, Boca Raton, FL 33487