Terms of Use:

Thank you for visiting our website rowleyeyewear.com (collectively, the “Site”) , which is operated by Infinitie Online LLC d/b/a Rowley Eyewear (“IO,” “we,” or “us”). Your use of the Site (and any other feature, content or services offered from time to time by the Site) is subject to the following terms and conditions (the “Terms of Use”). Please read these Terms of Use carefully and contact us with any questions.

Acceptance of Terms:

By accessing, browsing or otherwise using the Site, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below, without limitation or qualification for the duration of your use of the Site. Additional terms and conditions may apply to specific portions of or products on the Site, which terms are made part of these Terms of Use by reference. We reserve the right to modify, change or alter the Site and these Terms of Use at any time without prior notice. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Site. Your continued access of the Site after such changes are made conclusively demonstrates your acceptance of such changes. If you do not agree to these Terms of Use, you should exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site.

Content

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

IO grants you a limited license to access and make personal use of the Site and the Content for non-commercial purposes only and only to the extent such use does not violate these Terms of Use and the Site’ Privacy Policy (the "Privacy Policy"). You may use the Site for the purpose of submitting your order for our products or services (each an “Order”). You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of IO or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use the Site to: (a) transmit via or through the Site any information, data, or text, except in connection with your Order or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) tamper with, modify, adapt, translate, reverse engineer, decompile, or disassemble any of the contents of the Site; or (e) conduct fraudulent activities. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose constitutes a material breach of these Terms of Use.

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.

Privacy

The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

No Professional Advice

Any information supplied through this website or by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Health-related information provided through this website is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Accounts, Forms, Registrations and Passwords

If you set up an account on the Site, you are solely responsible for maintaining the confidentiality of your account information, including any password(s), login, or identifier issued in connection with your account (collectively, “Password”), and for restricting access to your computer. You agree to immediately notify us in the event of any unauthorized use of your account, any Password that is not issued directly to you or other breach of security. If you register for an account or provide us with any information, you agree to complete the account registration process by providing us with current, complete, and accurate information. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. We are not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond our control. In addition to all other rights available to IO including those set forth in these Terms of Use, IO reserves the right, without notice and in its sole discretion, to suspend or terminate your account or your use of the Site, and to block or prevent future access to or use of any portion of the Site at any time without notice to you.
You agree that we shall not be liable to you or any third party for termination of your use of or access to the Site. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

Submissions

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.

Monitoring

We have no obligation to display or post content, or to monitor the Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Subject to the Privacy Policy referenced above, we reserve the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

Digital Millennium Copyright Act

Infinitie Online LLC respects the intellectual property of others. If you believe, in good faith, that any materials on the Site infringe upon your copyrights, please send the following information to Infinitie Online LLC at 1140 Broadway, New York, NY 10001

If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. 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;
  5. 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
  6. 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:

[email protected]

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

Please be aware that we make no claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of websites accessible from the Site, or websites linking to the Site. We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and terms of use policies of each third party’s website that you access.

Orders/Payment Terms

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.

Disclaimer

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.

Indemnification

By using the Site and/or placing an Order, you agree to indemnify, defend, and hold harmless the Released Parties from and against all losses, liabilities, claims, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your use of the Site, including without limitation, any content submitted or transmitted by you via the Site; (2) any use of any Password chosen by or issued to you; or (3) any breach or violation by you of: (a) these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein); (b) any other terms, guidelines or rules applicable to the Site; (c) any rights of any other person or entity; or (d) any applicable laws, rules, or regulations.

International Use:

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.

Governing Law

These Terms of Use, any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) and the relationship between you and IO shall be governed by the laws of the State of New York. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms of Use.

General

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. You agree that this Agreement and all incorporated agreements may not be assigned by you but may be automatically assigned by us without restriction in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, including all terms incorporated by reference herein, constitute the entire agreement between the user and IO with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

Contact

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]

Last Updated

July 25, 2013.