Terms & Conditions of Use

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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. ("Lens.com") 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 or discontinue your use of the site.

This site offers access to services of our eye exam partner and, and its authorized agents (collectively, "Eye Exam Partner"). By engaging in Eye Exam Partner’s services, you agree that you have read, understand, and consent to the Service Agreement Terms set forth at the end of these Terms and Conditions of Use, thereby establishing a patient-provider relationship with the healthcare professional assigned to you.

COPYRIGHT AND RESTRICTIONS OF USE

Copyright © 1995-2018 Lens.com, Inc. All rights reserved. To the extent permitted by law, we or our content providers and licensors own all of the pages, services, information, products, and any material accessed, sent or made available for use or download through this Site, including files, documents, text, customized graphics, photographs, music, data, images, audio and video clips and software (collectively, "Content"). This property is protected by U.S. and international copyright and trademark laws. In addition, the manner in which we have compiled, arranged and assembled our Content is protected by worldwide copyright laws and treaty provisions.

Copying, publishing, broadcasting, modification, distribution, and transmission of the Content, excluding any eyeglass or contact lens prescriptions, in any way except for purposes authorized or approved in writing by Lens.com is strictly prohibited. Lens.com reserves title and full intellectual property rights for materials downloaded or otherwise received from this site. We hereby grant you permission to download, print and store selected portions of our Content. 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.

You may use the Content on our site only for your own personal, non-commercial shopping and information purposes. Any other access to or use of the site constitutes a violation of these Terms and Conditions of Use and may violate applicable copyright, trademark, or other laws. We make no representation that the site is appropriate or available for use in locations other than the United States. If you choose to access this site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

You may not access, use, or copy any portion of the site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any content on the site. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the site or its content or any access to or use of the site or its content.

You are prohibited from violating or attempting to violate the security of the site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; and (c) accessing or using the site or any portion thereof without authorization, in violation of these Terms and Conditions of Use or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. Lens.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site.

EMAIL PREFERENCES

Lens.com is dedicated to offering you premium customer service and the lowest prices on your contact lenses. Part of this service is a variety of emails as permitted by law – 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.

ACCURACY AND INTEGRITY OF INFORMATION

Although Lens.com attempts to ensure the integrity and accurateness of the site, unless expressly stated herein, it and its business partners make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the site and any Content. It is possible that the site or any Content could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform Lens.com so that it can be corrected. Information contained on the site may be changed or updated without notice. Additionally, except as expressly stated herein, Lens.com and Eye Exam Partner shall have no responsibility or liability for information or Content posted to, accessed through, sent through or made available for use or download through the site by any health care providers or non-Lens.com affiliated third party.

ACCESS TO SITE; INDEMNIFICATION

You must be at least eighteen (18) years old to access or use the site. For those portions of the site that have access limited by requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password as provided to you by Lens.com or its business partners. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your ID, passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of login name, screen name and passwords; (2) authorize, monitor, and control access to and use of your account and password; and (3) promptly inform Lens.com if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Your access to the site or certain pages on the site may be revoked by Lens.com or Eye Exam Partner at any time with or without cause. Excluding the accuracy of the vision test and accuracy of ophthalmic goods and services dispensed by another seller, you agree to defend, indemnify and hold Lens.com and Eye Exam Partner harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Lens.com or Eye Exam Partner arising out of your breach of these Terms and Conditions of Use or violation of applicable law, your use or access of the site and/or any Content, or access by anyone accessing the site and/or any Content using your user ID and password.

LINKS TO OTHER SITES

Lens.com may provide links to third-party web sites. Lens.com also may select certain sites as priority responses to search terms you enter and Lens.com may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Lens.com does not recommend and does not endorse the content on any third-party websites. Lens.com makes no representations whatsoever about any other website that you may access through this site. Lens.com is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. When you access a non-Lens.com site, please understand that it is independent from Lens.com, and that Lens.com has no control over the Content on that website. In addition, a link to a non-Lens.com website does not mean that Lens.com endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.

SUBMISSIONS TO THE SITE

If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our site, including Eye Exam Partner’s pages, and excluding the provision of personally identifying information and health or diagnostic information provided in connection with seeking an eye examination or prescription ("Submissions") you agree to not include any Submissions that (1) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any third person or entity, or (3) contain or transmit a virus or any other harmful component. You agree not to contact other site users, including health care providers, through unsolicited e-mail, telephone calls, mailings or any other method of communication. To the extent permitted by law, by making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to Lens.com and/or Eye Exam Partner an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing. By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof. Lens.com and/or Eye Exam Partner is and shall be under no obligation (1) to maintain any Submissions in confidence, except to the extent they contain protected health information in connection with seeking or receiving an eye examination or prescription from Lens.com and/or Eye Exam Partner; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions.

Lens.com and/or Eye Exam Partner do not regularly review posted Submissions, but do reserve the right (but have no obligation) to monitor and edit or remove any Submissions submitted to the site. You grant Lens.com and/or Eye Exam Partner the right to use the name that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. You are and shall remain solely responsible for the content of any Submissions you make. Lens.com, Eye Exam Partner, and their respective affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party.

You agree to defend, indemnify and hold Lens.com and Eye Exam Partner harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Lens.com and Eye Exam Partner arising out of any Submissions you post or allow to be posted to the site.

WARRANTY DISCLAIMER

WE PROVIDE CONTENT ON THIS SITE AS A SERVICE TO YOU, OUR CUSTOMER. OUR 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.

EXCEPT AS EXPRESSLY STATED HEREIN, THE CONTENT OF THIS SITE, THE SERVER THAT MAKES IT AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE ON OUR 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 EXTENT PERMITTED BY LAW.

EXCEPT AS EXPRESSLY STATED HEREIN, TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, LENS.COM, INC., EYE EXAM PARTNER, AND THEIR MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS, AGENTS, AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL CONTENT CONTAINED ON THIS SITE, OR LINKED HERETO, 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. EXCEPT AS EXPRESSLY STATED HEREIN, LENS.COM DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. LENS.COM DOES NOT WARRANT THAT ITS 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. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE WEB SITE OR ACCESSIBLE THERE FROM, IS SUBJECT TO CHANGE WITHOUT NOTICE. EXCEPT AS EXPRESSLY STATED HEREIN, LENS.COM, EYE EXAM PARTNER, AND THEIR LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION EYEGLASS OR CONTRACT LENS PRODUCTS (OR OTHER PRODUCTS) OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE. WARRANTIES RELATING TO ANY PRODUCTS OR SERVICES OFFERED, SOLD AND/OR DISTRIBUTED BY LENS.COM OR EYE EXAM PARTNER ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

THE LENS.COM SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND YOU, OUR CUSTOMER. LENS.COM IS A DISTRIBUTOR OF SUCH CONTENT AND NOT A 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. EXCEPT AS EXPRESSLY STATED HEREIN, 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 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 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 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 SITE.

MEDICAL ADVICE DISCLAIMER

The Contents of the site are for informational and limited use purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Never disregard professional medical advice or delay in seeking it because of something you have read on the site. Lens.com does not provide any healthcare treatment services, consultation or medical advice; the sole purpose of Eye Exam Partner is to provide a limited eyeglass or contact lens prescription based upon information submitted and exam result analyzed by a licensed ophthalmologist. If you experience any pain, symptoms, blurred vision, "seeing floaters" or other maladies of the eye, consult your physician immediately or call 911. The Content of the site, including without limitation any Content accessed, sent or made available for use or download through this site (inclusive of any information transmitted by third parties and/or healthcare providers and eyeglass or contact lens prescriptions) does not constitute professional medical advice, diagnosis, or treatment by Lens.com or Eye Exam Partner of any kind except for the Eye Exam Partner’s eyeglass or contact lens prescription based upon information submitted and exam result analyzed by a licensed ophthalmologist. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Lens.com and Eye Exam Partner do not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the site.

LIMITATION OF LIABILITY

AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR 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 OF THE SITE, 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, ITS SUPPLIERS, ITS LICENSORS AND ANY THIRD PARTIES MENTIONED ON THIS SITE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT 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 SITE OR ITS CONTENT (INCLUDING TERMS AND CONDITIONS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR 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.

LENS.COM, ITS SUPPLIERS, LICENSORS AND ANY THIRD PARTIES MENTIONED ON THIS SITE SHALL NOT BE AND ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY, ARISING OUT OF OR RELATING IN ANY WAY TO THE YOUR USE OR MISUSE OF THE SITE, THE CONTENT OFFERED BY LENS.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY.

GOVERNING LAW AND VENUE

These Terms and Conditions of Use 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 site shall be exclusively venued in state or federal courts located in Clark County, Nevada, with you and Lens.com waiving the right to trial by jury, agreeing that each party to litigation shall bear its own attorney’s fees and costs, and waiving any objections to personal jurisdiction and the appropriateness of this venue, including those arising under the doctrine of forum non conveniens. EACH PARTY TO THIS AGREEMENT HEREBY WAIVES ANY RIGHT HE, SHE, OR IT MAY HAVE TO PARTICIPATE IN ANY CLASS ACTIONS OR CLASS ARBITRATIONS.

GENERAL

If any part of these Terms and Conditions of Use is ruled to be unenforceable by a court or other tribunal of competent jurisdiction, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Terms and Conditions of Use, including any revised portion, shall remain and be in full force and effect. These Terms and Conditions of Use are the entire agreement between us and you governing your use of our site. In its sole discretion, Lens.com may from time-to-time revise these Terms and Conditions of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions of Use may be superseded by expressly designated legal notices or terms located on particular pages within this site.



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