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Terms & Conditions of Use

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1-800 LENS.COM (536-7266)

The use of this site is governed by the Terms and Conditions of Use set forth below and elsewhere on the site as indicated. For terms governing shipping, returns and payment, please refer to our Frequently Asked Questions page. Please read the Terms and Conditions of Use and the Help page carefully. By using this site, you agree to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you may not use the site. Lens.com, Inc. reserves the right, at any time, to modify, alter, or update this Disclaimer and these Terms and Conditions of Use, and you agree to be bound by such modifications, alterations or updates.


COPYRIGHT AND RESTRICTIONS OF USE

Copyright © 1995-2006 Lens.com, Inc. All rights reserved. We or our content providers own all of the content on our web site, including text, customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions.

You may use the content on our web site only for your own personal, non-commercial shopping and information purposes. Copying, publishing, broadcasting, modification, distribution, and transmission in any way without the prior written consent of Lens.com, Inc. is strictly prohibited. Lens.com, Inc. reserves title and full intellectual property rights for materials downloaded or otherwise received from this web site. We hereby grant you permission to download, print and store selected portions of our content (as defined below). However the copies must be for your own personal and non-commercial use, you cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices.


EMAIL PREFERENCES

Lens.com is dedicated to offering you premium customer service and the lowest prices on your contact lenses. Part of this service are a variety of emails – from reminders for when your current prescription is due to expire to monthly newsletter filled with coupons and trivia.

However, if at any time you decide that you do not want to receive these emails you can update which emails you receive through the “Email Preferences” link on Your Account page. You will be shown a list of Emails, simply check the boxes next to the emails you would like to receive.


TRADEMARKS

LENS, LENS.COM, BRAND NAME CONTACT LENSES FOR LESS, and CONTACT LENSES, SUNGLASSES & MORE, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers and service names used on this web site are the trademarks, service marks, trade names or other protected intellectual property of Lens.com, Inc. or its subsidiaries. They may not be used in connection with any third party products or services. All other brands and names are the property of their owners.


WARRANTY DISCLAIMER

WE PROVIDE CONTENT ON THIS WEB SITE AS A SERVICE TO YOU, OUR CUSTOMER. OUR WEB SITE CANNOT, AND DOES NOT, CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR PHYSICIAN. THE CONTENT OF THIS WEB SITE, THE SERVER THAT MAKES IT AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE ON OUR WEB SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. LENS.COM EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.

TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, LENS.COM, INC., THEIR MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, “LENS.COM”) DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THIS WEB SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, “CONTENT”), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LENS.COM DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. LENS.COM DOES NOT WARRANT THAT ITS WEB SITE WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE WEB SITE OR ACCESSIBLE THERE FROM, IS SUBJECT TO CHANGE WITHOUT NOTICE.

THE LENS.COM WEB SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND YOU, OUR CUSTOMER. LENS.COM IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. LENS.COM EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. LENS.COM MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY LENS.COM. LENS.COM DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.

LENS.COM DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY LENS.COM. THIS WEB SITE IS OPERATED IN THE STATE OF NEVADA, UNITED STATES OF AMERICA AND LENS.COM MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.

LENS.COM RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS. EACH ADVERTISED ITEM MUST BE READILY AVAILABLE FOR SALE, UNLESS SPECIFICALLY NOTED ON LENS.COM. LENS.COM WILL ISSUE A RAIN CHECK OR PLACE A BACKORDER FOR ITEMS THAT ARE OUT OF STOCK.

BY YOUR USE OF THIS WEB SITE, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS WEB SITE.


LIMITATION OF LIABILITY

AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR WEB SITE AND USE OF ITS CONTENT, YOU AGREE THAT LENS.COM IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF LENS.COM ARISING FROM OR RELATED TO YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM LENS.COM IN THE APPLICABLE TRANSACTION. LENS.COM SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF LENS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR WEB SITE OR ITS CONTENT (INCLUDING TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to choice of law rules. Any litigation arising out of or in connection with the use of this web site shall be exclusively in state or federal courts located in Nevada.

If any part of this Agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect. These terms of use are the entire agreement between us governing your use of our web site.




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