Acceptance of Terms:
All content included on the Site, such as text, graphics, logos, images of people, places, products and/or other material (collectively, “Content”) is owned or licensed property of IO and is protected by copyright, trademark, patent, and/or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of IO and is protected by United States and international copyright laws. You may only use the Content with our prior written permission - any unauthorized use of the Content is strictly prohibited. To inquire about obtaining authorization to use the Content, please contact us at [email protected] IO and its licensors expressly reserve all intellectual property rights in all Content.
The Content on the Site is believed to be complete and reliable; however, it may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, Content, promotion offers, product or service descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law ). We also reserve the right to limit quantities (including after an Order has been submitted and/or acknowledged) and to revise, suspend, or terminate a product offering, service, or promotion at any time without notice (including after an Order has been submitted and/or acknowledged). The inclusion of any products, services and/or experiences on the Site at a particular time does not guarantee that the products, services and/or experiences will be available. If a product, and/or service offered and sold by us is not as described, your sole remedy is to return it subject to the terms set forth herein.
Use of the Site
The Site are intended for use by individuals 18 years of age or older. If you are under 18, you may use the Site only with involvement of a parent or guardian. By accessing and using the Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you are at least 18 years of age or older or are visiting the Site with the supervision of a parent or guardian who is responsible for your use of the Site; and (c) your use of the Site does not violate any applicable law or regulation.
No Professional Advice
Accounts, Forms, Registrations and Passwords
From time to time we may make available on the Site bulletin boards, chat rooms, comment areas, forums, postings sections or similar communications facilities. In such instances, we welcome your comments regarding our products and services, including our Site. However, any notes, messages, postings, ideas, suggestions, or other material which you submit to us must not harass, malign, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, indecent, pornographic, or unlawful material.
By submitting a review, note, message, idea, suggestion, or other material which you submit to us, you hereby grant to IO a royalty-free, irrevocable, perpetual license to use, reproduce, modify, publicly perform, distribute, display, publish, create derivative works from, sublicense or otherwise commercially and non-commercially use your content in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed. By submitting material to the Site, you agree that we have the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to IO. By submitting any materials of any kind to us, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials does not and will not violate or infringe the rights of any third-parties. You should use caution when posting any information, including personal information about yourself, to the Site. We are not responsible, and disclaim all liability in connection with, any information that you post or display on the Site.
You acknowledge that communications to or with the Site and/or other message or communication facilities, such as comments that you can post to the Site, are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. We do not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of IO.
Digital Millennium Copyright Act
If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Risk of Loss
All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Links to Other Websites
The Site provide you with the ability to submit Orders for products and services and you may be asked to supply certain information relevant to your Order including, without limitation, your credit card or debit card number and expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD(S) OR DEBIT CARD(S) OR OTHER PAYMENT METHOD(S) USED BY YOU IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to IO the right to provide such information to third parties for purposes of facilitating the completion of Orders initiated by you or on your behalf. We may require verification of information prior to the acknowledgment or completion of any Order. It is your responsibility to ascertain and comply with all applicable laws with regard to the receipt, possession, use, and sale of any item purchased from this Site.
You agree to pay all charges that may be incurred by you or on your behalf in connection with all Orders placed through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you are responsible for any applicable taxes in connection with your Order.
You are solely responsible for your payment information and any other content you submit on or through the Site in connection with your Order (collectively, the "Payment Information"). We have the right but not the obligation to decline all or any portion of any Payment Information for any reason or no reason.
We describe our merchandise and include pictures and photographs on our Site, but sometimes the product varies slightly from the picture or description due to changes made by our manufacturers and we are not liable for these nonmaterial changes. All descriptions, images, references, content, specifications, products, and prices of products described or depicted on the Site are subject to change at any time without notice. The inclusion of any products on this Site at a particular time does not guarantee that such products will be available.
You represent that the prescription you provide us was provided to you by a registered medical practitioner or registered ophthalmic optician after an eye-sight test. If you aren’t sure of your specific prescription, please consult a registered medical practitioner or registered ophthalmic optician prior to ordering from us.
To place an Order, you must be over 18 years old, and entitled to purchase prescription glasses. You may not order from the Site if you are placing on Order behalf of someone under 18 or if you are registered as blind or partially sighted.
Reselling Products Prohibited
You are absolutely prohibited from reselling in any manner any products you purchase from the Site, whether you purchased the products through the Site or by any other means.
In Home Try On Policy
You may choose any four (4) pairs of frames to try on at home for a seven (7) day period trial period which begins upon receipt of the frames (the “Trial Period”). Upon choosing such frames, we will pre-authorize a charge on your credit card using the credit card information you have provided to us for $1.00. So long as you return all four (4) frames within the Trial Period without any damage, any such pre-authorizations will disappear and your credit card will not be charged. If, after the Trial Period, you have not returned the frames to us or they are damaged in any way, we will charge your credit card for the full amount of each pair of frames retained by you or damaged. We will pay for shipping, provided that our authorized shipping methods and procedures are followed.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SITES, THEIR CONTENT AND ALL TEXT, IMAGES, PRODUCTS, ORDERS, GRAPHICS, AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT OR WARRANT THAT: (I) THE INFORMATION AVAILABLE ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE, CURRENT OR FREE OF ERRORS; (II) THE FUNCTIONS CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE SITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF INFINITIE ONLINE LLC, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE SITES (THE “RELEASED PARTIES”) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITES AND/OR THE DELIVERABLES PROVIDED BY THE RELEASED PARTIES IN CONNECTION WITH YOUR ORDER, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO THE RELEASED PARTIES IN CONNECTION WITH THE APPLICABLE PRODUCTS, SERVICES, OR PROMOTION GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE IO.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
We make no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If you have any questions regarding any of the above terms, you can contact us via telephone at 877.979.9200 or via email at [email protected]eyeyewear.com.
July 25, 2013.