1. ACCEPTANCE OF TERMS
Welcome to Eyeconic. The following terms and conditions (these “Terms and Conditions”) govern your access to and use of this Web site (the “Site”) and your purchase of prescription and non-prescription optical products, including without limitation, contact lenses.
By accessing the Site or using its current or future services, you indicate that you have read, understand, and accept these Terms and Conditions. Eyeconic is permitting you to use the Site subject to these Terms and Conditions and our Privacy and Security Policy. If you do not agree to be bound by these Terms and Conditions, you are not authorized to use or access our Site and should exit immediately. You ratify your agreement to be bound by these Terms and Conditions when you purchase optical products through the Site or by otherwise using or accessing the Site. By using the Site, you confirm that you consent to your eyecare practitioner (an “ECP”) disclosing your prescription and other related information to Eyeconic, its suppliers, and service providers as necessary to fulfill your order.
Eyeconic reserves the right to modify these Terms and Conditions at any time in its sole discretion. Any use of the Site or its services following modification of these Terms and Conditions will be deemed acceptance of those modifications. Please review these Terms and Conditions periodically for the most recent version. Subject to applicable law, any modification of these Terms and Conditions will apply to all transactions and information then or thereafter in the control of Eyeconic and its service providers and suppliers. These Terms and Conditions constitute the entire agreement between you and Eyeconic with respect to the subject matter of these Terms and Conditions.
Any questions, comments or complaints regarding the Site should be directed to the Eyeconic Customer Service Team at 1-855-EYECONIC (1-855-393-2664) or email@example.com
. If you are a California resident, Consumer Assistance at the Division of Consumer Services of the Department of Consumer Affairs is at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or 1.800.952.5210.
2. Eyeconic SERVICES
Eyeconic operates this Site to facilitate the sale of prescription and non-prescription optical products, including without limitation, contact lenses.
To purchase optical products through this Site: (a) for prescription verification, your ECP must be notified of all prescription products sold to you, and (b) you must be at least eighteen years old or, if you are between the ages of thirteen and eighteen, your parent or legal guardian must supervise your use of the Site.
You understand and agree that Eyeconic, at its discretion, at any time and without notice, reserves the right to modify, enhance or supplement the Site or the services provided through the Site. You further understand and agree that any such changes will automatically constitute part of the services and as such, will also be subject to these Terms and Conditions unless expressly stated otherwise. You understand and agree that Eyeconic, at its discretion, at any time and without notice, reserves the right to discontinue the Site, the services or both, including without limitation access to any content, products or services offered in connection with the Site, in whole or in part, temporarily or permanently, before or after submission of an order to purchase optical products. Eyeconic takes no responsibility and assumes no liability to you or any third party for any such modification or discontinuation.
Eyeconic hopes to make the Site available all day, every day, with the exception of scheduled maintenance. Many factors, however, impact the availability of the Site, including without limitation maintenance, system, or equipment failure or problems encountered with suppliers or service providers, and Eyeconic does not guarantee the availability or functionality of the Site.
3. USING YOUR PASSWORD
When you register to purchase optical products through the Site, Eyeconic will send your password for accessing the Site to the e-mail address you provide. All content or instructions transmitted by or received from anyone presenting your password on the Site will be deemed binding on you. You agree that you are solely liable for all actions taken via your username and password, including without limitation all communications, submissions, or financial obligations, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone who is not you may have obtained access to your password, change the password immediately. If you are unable to change your password or you suspect unauthorized activity with your password and username, contact the Eyeconic Customer Service Team at 1.855.EYECONIC or firstname.lastname@example.org
4. ORDERING AND PAYMENT POLICIES
Eyeconic only accepts valid credit cards or other payment method as indicated on the Site (the “Payment Method”). By submitting your order, you represent and warrant that you are authorized to use the Payment Method and that you authorize Eyeconic to charge your entire order to that Payment Method. If the Payment Method is invalid, cannot be verified, or is otherwise unacceptable, Eyeconic may suspend or cancel your order without notice. You agree to keep your Payment Method current until the order is complete and to quickly resolve any problems that Eyeconic encounters while processing your order. You shall make and keep a copy of all records relating to your order, including without limitation your order confirmation page.
Any applicable taxes and shipping and handling charges are additional. All prices are listed in U.S. dollars and are subject to change without notice.
If the product you order is manufactured and sold by a company under multiple labels, you agree that any of those labels may be substituted for the label you order. All items are subject to availability and Eyeconic reserves the right to impose quantity limits, to reject all or part of an order, and to discontinue products without notice.
To make a purchase on the Site, you must have a United States shipping address. Shipments will not be made to a post office box. Shipping and handling fees are available at check-out and Eyeconic reserves the right to change the fees from time to time without notice. You agree to be bound by the details that appear when you complete your order. Shipping and handling fees may or may not reflect actual costs.
All orders are shipment contracts, not destination contracts. Any shipping time shown on the Site is an estimate only and actual delivery dates may vary.
6. RETURNS AND PROBLEMS WITH OPTICAL PRODUCTS
We want you to be thrilled with your purchase—if not, we’re happy to give you a refund or exchange. Within 14 days of the ship date, please contact the Customer Service Team at 1-855-EYECONIC (1-855-393-2664) or email@example.com
, and they’ll provide a Return Number (RN). We must receive the merchandise at Eyeconic within 30 days from the original ship date without any marks or scratches, and unopened, resalable contact lenses in the original packaging. Product receipt will be verified with the shipping company. All refunds will be credited to the Payment Method used for the affected order.
IF YOU HAVE PROBLEMS WITH YOUR OPTICAL PRODUCT, INCLUDING WITHOUT LIMITATION, CONTACT LENSES, PLEASE CONTACT YOUR ECP. IF YOU HAVE UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR OPTICAL PRODUCT IMMEDIATELY AND CONSULT YOUR ECP BEFORE USING OR WEARING THEM AGAIN.
After wearing your new contact lenses, return to your prescribing physician or optometrist for proper evaluation and verification of fitment, insertion and follow-up care. If you do not return to your prescribing physician or optometrist, your prescribing physician or optometrist shall not be responsible for any damages or injury resulting from the prescribed lenses. WARNING: If you are having any of the following symptoms, remove your lenses immediately and consult your eye care practitioner before wearing your lenses again: Unexplained eye discomfort, watering, vision change or redness.
7. RESTRICTIONS ON USE
In addition to the other restrictions provided in these Terms and Conditions, you may not, while accessing or using the Site, engage in any of the following activities: (a) provide false or misleading registration information; (b) disclose your username or password to anyone; (c) use the account, username, password, or personal information of another user; (d) harvest or collect information about any users of the Site; (e) use any robot, spider, site search, or retrieval application or automatic device to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content; (f) modify the information, content, programs, or other materials on the Site or hack into or access the server or Site in an unauthorized manner; (g) frame or mirror any part of the Site; (h) use the Site in a manner inconsistent with applicable laws, rules, and regulations; (i) upload or input to the Site any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any portion or system of the Site; or (j) reverse engineer, decompile, disassemble, translate, or otherwise alter any portion of the Site.
8. THIRD PARTY SITES, PRODUCTS, AND SERVICES
Eyeconic may link to various external websites that are not under the control of Eyeconic and you agree that Eyeconic is not responsible for the content, products, or services sold by any linked site or any link contained in a linked site. Eyeconic does not assume any responsibility or liability for the actions, products, or content of any of these or other third party Web sites. Links are provided solely for your convenience and Eyeconic does not guarantee the accuracy or completeness of, or endorse any content of any external Web site. Eyeconic reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and in no event will Eyeconic be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of any external Web site.
To understand our privacy practices, please review our Privacy and Security Policy which is incorporated herein by reference. Although Eyeconic may provide links to external Web sites on this Site, Eyeconic is not responsible for the privacy practices employed by those external Web sites. Eyeconic cannot guarantee the security of any data submitted through the Internet.
10. HIPAA COMPLIANCE
Please see our Privacy and Security Policy for our policies regarding protected health information and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
All content on the Site, including without limitation the text, graphics, images, URLs, script, and logos, is the property of Eyeconic or its content suppliers and business affiliates and is protected under the copyright, trademark, and other laws of the United States. Nothing on the Site grants you any right or license to use any of the content on the Site without the express written permission of Eyeconic. Except as may be explicitly permitted on the Site, you shall not copy, modify, display, post, upload, republish, distribute, sell, license, create derivative works from, or transmit anything you obtain or view on the Site unless you first obtain Eyeconic written permission.
Except with regard to personal information or Protected Health Information, as that term is defined in privacy regulations issued pursuant to HIPAA, all information you post on the Site or communicate to Eyeconic through the Site (collectively, “Submissions”) will forever be the property of Eyeconic. Eyeconic shall not treat any Submission as confidential and shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You hereby represent that your Submission does not infringe the rights of any third party.
12. LIMITATION OF LIABILITY
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL Eyeconic, ANY Eyeconic AFFILIATE, CONTRACTOR, SUPPLIER, SERVICE PROVIDER, EMPLOYEE, AGENT, OR LICENSOR OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS SERVICES (THE “EYECONIC AFFILIATES”) BE LIABLE IN ANY MANNER WHATSOEVER (A) FOR ANY DECISION MADE OR ACTION TAKEN OR OMITTED BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE; (B) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (C) FOR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR THIRD PARTY CONTENT OR OTHER INFORMATION; AND (D) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES, LOST PROFITS, LOST DATA ON YOUR EQUIPMENT, OR OTHERWISE, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE OR ITS SERVICES (INCLUDING WITHOUT LIMITATION ANY SERVICE, PRODUCT, INFORMATION OR FUNCTIONALITY), EVEN IF Eyeconic OR THE Eyeconic AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR MISREPRESENTATION. THE AGGREGATE LIABILITY OF Eyeconic AND THE Eyeconic AFFILIATES RISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO (A) THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Eyeconic FOR THE TRANSACTION AT ISSUE OR (2) SUBSTITUTION OR REPLACEMENT OF THE ITEM GIVING RISE TO THE DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON YOUR JURISDICTION.
These Terms and Conditions are not intended to negate any warranties provided to you by the distributor or manufacturer of lenses that you purchase through the Site.
13. DISCLAIMER OF WARRANTY
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. Eyeconic MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE AND ITS SERVICES. EXCEPT AS SET FORTH BELOW, THE SITE AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Eyeconic DOES NOT WARRANT THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITE ARE ACCURATE, RELIABLE, UNINTERRUPTED, OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITE IS FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON YOUR JURISDICTION.
Neither Eyeconic nor any other service provider or supplier provides any express warranty for any product sold through the Site. It is possible that the manufacturer of the product that you order may provide an express warranty. Any express warranty will only apply if a written warranty labeled “Limited Warranty” or “Full Warranty” is delivered with the product. Not all products come with a manufacturer’s warranty.
You agree to defend, indemnify and hold harmless Eyeconic and Eyeconic Affiliates from all liabilities, claims and expenses, including without limitation attorneys’ fees, that arise from your use of the Site or any services, information or products of the Site or any violation of these Terms and Conditions.
15. THIRD PARTY BENEFICIARIES
Except as expressly stated otherwise, there are no third party beneficiaries of these Terms and Conditions.
Eyeconic may suspend or terminate your use of and access to the Site immediately at any time without notice, with or without cause. You shall remain liable for any obligation, including any amount due, that you incurred before suspension or termination. Any actions in violation of these Terms and Conditions may subject you to civil and criminal legal penalties and Eyeconic reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions.
You may terminate your use of the Site and your username and password at any time by contacting the Eyeconic Customer Service Team at 1-855-EYECONIC (1-855-393-2664). You shall remain liable for any obligation, including any amount due, that you incurred prior to termination.
17. CHOICE OF LAW AND FORUM
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without reference to its choice of law rules. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive jurisdiction of the federal and state courts in the County of San Francisco, California, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. Any legal proceedings will be conducted in English.
18. NOTICE AND COMMUNICATIONS
You agree that Eyeconic or its suppliers and service providers may communicate with you by e-mail about current or past orders, information provided by your ECP and all related matters, including without limitation delivering notices or disclosures to you. Eyeconic or its suppliers and service providers reserve the right to communicate with you by other means, including without limitation postal mail, from time to time.
If any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of any other provision. The unenforceable provision will be amended so as to best accomplish the objectives of the provision within the limits of applicable law.
20. NO WAIVER
Neither the failure nor delay of Eyeconic to exercise any right, remedy, power, or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege, nor will any waiver of any right, remedy, power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by Eyeconic
21. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
IT IS Eyeconic’S VIEW THAT THE SITE DOES NOT CONTAIN MATERIALS THAT WOULD TYPICALLY BE THE SUBJECT OF FILTERING SOFTWARE. NEVERTHELESS, ALL USERS ARE HEREBY INFORMED BY Eyeconic, THE PROVIDER OF THIS INTERACTIVE COMPUTER SERVICE, THAT PARENTAL CONTROL PROTECTIONS (SUCH AS COMPUTER HARDWARE, SOFTWARE OR FILTERING SERVICES) ARE COMMERCIALLY AVAILABLE THAT MAY ASSIST IN LIMITING ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS. A REPORT DETAILING SOME OF THOSE PROTECTIONS CAN BE FOUND UNDER THE CHILDREN’S INTERNET PROTECTION ACT: REPORT ON THE EFFECTIVENESS OF INTERNET PROTECTION MEASURES AND SAFETY POLICIES (HTTP://WWW.NTIA.DOC.GOV/NTIAHOME/NTIAGENERAL/CIPA2003/INDEX.HTML
22. NOTICE OF NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
Eyeconic WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES PROVIDED IN CONNECTION WITH THE USE OF THE SITE TO ANY OTHER PARTY FOR THE PURPOSE OF INITIATING OR ENABLING OTHERS TO INITIATE EMAIL MESSAGES EXCEPT AS STATED IN THE PRIVACY AND SECURITY POLICY OR BY YOUR CONSENT. EXCEPT FOR PERSONS REFERENCED IN THAT POLICY (IF ANY) AS AUTHORIZED RECIPIENTS OF THOSE ADDRESSES, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
23. WEB SITE CONTENT
The content of this Web site is for general informational awareness purposes only. Please consult your ECP for actual advice. VSP shall not be deemed to be engaged in the corporate practice of optometry or medicine as a result of providing this Web site, and expressly disclaims responsibility for any consequences related to any use, misuse, and/or interpretation of the Web site or any of the information contained herein/therein.