Acceptance of This Agreement, Modification & Severability
By visiting any of our Sites that link to these Terms, you are
acknowledging that you have read these Terms and our
Privacy Policy,
which is incorporated by reference herein, and you expressly acknowledge
and agree that you are entering into a legal agreement with GlassesUSA
(or any of its affiliates) and have understood and agree to comply with,
and be legally bound by, these Terms. Please review our
Privacy Policy
which also governs your use of our Sites, to understand our practices.
Any products ordered or services used through any of our Sites are also
governed by these Terms. You hereby waive any applicable rights to
require an original (non-electronic) signature or delivery or retention
of non-electronic records, to the extent not prohibited under applicable
law. If you do not agree to be bound by these Terms and Conditions,
please do not access our Sites or make any purchases through our Sites.
You hereby waive any applicable rights to require an original
(non-electronic) signature or delivery or retention of non-electronic
records, to the extent not prohibited under applicable law. If you do
not agree to be bound by these Terms and Conditions, please do not
access our Sites or make any purchases through our Sites.
We may make changes to these Terms from time to time. If GlassesUSA.com
makes changes, it will provide you with notice of such changes, such as
by sending an email, providing a notice through our Sites, or updating
the date at the top of these Terms. Unless GlassesUSA.com says otherwise
in its notice, the amended Terms will be effective immediately and your
continued access to and use of the Sites after GlassesUSA.com provides
such notice will confirm your acceptance of the changes. If you do not
agree to the amended Terms, you must stop accessing and using the Sites.
If any of these Terms shall be deemed invalid, void, or for any reason
unenforceable, that Term shell be deemed severable and shall not affect
the validity and enforceability of any remaining Term.
YOUR CONTINUED USE OF ANY OF THE SITES AFTER WE POST ANY CHANGES WILL
CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING
PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND
REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE
PRIVACY POLICY, AND YOU AGREE THAT THESE TERMS CONSTITUTE BINDING AND
ENFORCEABLE OBLIGATIONS ON YOU.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION
WAIVER PROVISION IN THE “ARBITRATION AGREEMENT” SECTION BELOW THAT
AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE
BETWEEN YOU AND GLASSESUSA.COM. THESE TERMS PROVIDE THAT ALL DISPUTES
BETWEEN YOU AND OPTIMAX THAT IN ANY WAY RELATE TO THESE TERMS OF USE
OR YOUR USE OF OUR SITES WILL BE RESOLVED BY BINDING ARBITRATION.
ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING
IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER
THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS
COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT
A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS
ACTION.
No professional advice
Any information supplied through our Sites, by any form of e-mail
communication 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 our Sites is not a substitute for medical advice and it
is important that you not make medical decisions without first
consulting your personal physician, optometrist, ophthalmologist 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.
The information presented on or through our Sites or by any form of
e-mail communication is made available solely for general information
purposes. We do not warrant the accuracy, completeness, or usefulness of
this information. Any reliance you place on such information is strictly
at your own risk. We disclaim all liability and responsibility arising
from any reliance placed on such materials by you or any other visitor
to our Sites, or by anyone who may be informed of any of its contents.
General information
These Terms and Privacy Policy govern the use of the Sites. You also may
be subject to additional terms and conditions that may apply when you
use third-party content or third-party software. Our failure to exercise
or enforce any right or provision of the Terms shall not constitute a
waiver of such right or provision. If any provision of the Terms is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect.
DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER PROVISION
ARBITRATION AGREEMENT
Please read this section carefully. It affects your rights. It
requires you to arbitrate disputes with GlassesUSA.com and limits the
manner in which you can seek relief. It further provides that you
waive your rights to try any claim in court before a judge or jury and
to bring or participate in any class, collective, or other
representative action. This section of the Terms shall be referred to
as the “Arbitration Agreement.”
We will try work in good faith to resolve any issue you have with our
Sites including products and services ordered or purchased through our
Sites, if you bring that issue to the attention of our customer service
department. However, we realize that there may be rare cases where we
may not be able to resolve an issue to a customer's satisfaction.
You and GlassesUSA agree that any dispute, claim or controversy arising
out of or relating in any way to these Terms of Use or your use of our
Site, including products and services ordered or purchased through our
Site and/or any third parties embedded therein shall be determined by
binding arbitration on an individual basis rather than court, except
that you may assert claims in small claims court if your claims qualify,
so long as the matter remains in such court and advances only on an
individual (non-class, non-representative) basis.
Arbitration is more informal than bringing a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, and is
subject to very limited review by courts. Arbitration allows for more
limited discovery than in court, however, we agree to cooperate with
each other to agree to reasonable discovery in light of the issues
involved and amount of the claim. Arbitrators can award the same damages
and relief that a court can award, but in so doing, the arbitrator shall
apply substantive law regarding damages as if the matter had been
brought in court, including without limitation, the law on punitive
damages as applied by the United States Supreme Court.
You agree that, by agreeing to these Terms of Use, the U.S. Federal
Arbitration Act governs the interpretation and enforcement of this
provision, and that you and GlassesUSA are each waiving the right to a
trial by jury or to participate in a class action. This arbitration
provision shall survive termination of these Terms of Use and any other
contractual relationship between you and GlassesUSA.
BY AGREEING TO ARBITRATION WITH GLASSESUSA.COM (INCLUDING, WITHOUT
LIMITATIONS, THE SITES), YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT
PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS,
COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO
ARBITRATION, YOU MAY BRING CLAIMS AGAINST GLASSESUSA.COM (INCLUDING,
WITHOUT LIMITATION, THE SITES) ONLY IN AN INDIVIDUAL ARBITRATION
PROCEEDING.
If you desire to assert a claim against GlassesUSA, and you therefore
elect to seek arbitration, you must first send to Company, by e-mail, a
notice of your claim ("Notice"). The Notice to Company should be
addressed to:
legal@glassesusa.com
("Notice Address") and should state in the “subject line” of the e-mail
“LEGAL NOTICE” in all capital letters. If GlassesUSA desires to assert a
claim against you and therefore elects to seek arbitration, it will
send, by certified mail, a written Notice to the most recent address we
have on file or otherwise in our records for you. A Notice, whether sent
by you or by GlassesUSA, must (a) describe the nature and basis of the
claim or dispute; and (b) set forth the specific relief sought
("Demand"). If GlassesUSA and you do not reach an agreement to resolve
the claim within 30 days after the Notice is received, you or GlassesUSA
may commence an arbitration proceeding or file a claim in small claims
court. During the arbitration, the amount of any settlement offer made
by GlassesUSA or you shall not be disclosed to the arbitrator. You may
download or copy a form Notice and a form to initiate arbitration from
the American Arbitration Association at www.adr.org. If you are required
to pay a filing fee, after Company receives notice at the Notice Address
that you have commenced arbitration, it will promptly reimburse you for
your payment of the filing fee, unless your claim is for more than US
$10,000. The arbitration will be governed by the Commercial Arbitration
Rules and the Supplementary Procedures for Consumer Related Disputes
(collectively, "AAA Rules") of the American Arbitration Association
("AAA"), as modified by these Terms of Use, and will be administered by
the AAA. The AAA Rules and Forms are available online at www.adr.org, by
calling the AAA at 1-800-778-7879, or by requesting them from us by
writing to us at the Notice Address. The arbitrator is bound by the
terms of these Terms of Use. All issues are for the arbitrator to
decide, including issues relating to the scope and enforceability of
these Terms of Use, including this arbitration agreement. Unless
GlassesUSA and you agree otherwise, any arbitration hearings will take
place in the county (or parish) of your billing address. If you reside
outside of the United States, any arbitration hearings will take place
in your country of residence at a location reasonably convenient to you,
but will remain subject to the AAA Rules including the AAA rules
regarding the selection of an arbitrator. If your claim is for US
$10,000 or less, we agree that you may choose whether the arbitration
will be conducted solely on the basis of documents submitted to the
arbitrator, through a telephonic hearing, or by an in-person hearing as
established by the AAA Rules. If your claim exceeds US $10,000, the
right to a hearing will be determined by the AAA Rules. Regardless of
the manner in which the arbitration is conducted, the arbitrator shall
issue a reasoned written decision sufficient to explain the essential
findings and conclusions on which the award is based. If the arbitrator
issues you an award that is greater than the value of GlassesUSA’ s last
written settlement offer made before an arbitrator was selected (or if
GlassesUSA did not make a settlement offer before an arbitrator was
selected), then GlassesUSA will pay you the amount of the award or US
$1,000, whichever is greater. Except as expressly set forth herein, the
payment of all filing, administration and arbitrator fees will be
governed by the AAA Rules. Each party shall pay for its own costs and
attorneys' fees, if any. However, if any party prevails on a statutory
claim that affords the prevailing party attorneys' fees, or if there is
a written agreement providing for payment or recovery attorneys’ fees,
the arbitrator may award reasonable fees to the prevailing party, under
the standards for fee shifting provided by law.
YOU AND GLASSESUSA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you and GlassesUSA agree otherwise, the arbitrator may not
consolidate more than one person's claims with your claims, and may not
otherwise preside over any form of a representative or class proceeding.
The arbitrator may award declaratory or injunctive relief only in favor
of the individual party seeking relief and only to the extent necessary
to provide relief warranted by that party's individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable,
then (a) the entirety of this arbitration provision shall be null and
void, but the remaining provisions of these Terms of Use shall remain in
full force and effect; and (b) exclusive jurisdiction and venue for any
claims will be in state or federal courts located in and for the state
of Delaware.
1. ABOUT US
GlassesUSA.com is a website owned and operated by Optimax, a company
organized under the laws of the State of Israel. Optimax is a global
eyewear group that was founded in 2008. Founded over 10 years ago,
GlassesUSA.com is making affordable glasses accessible for anyone in
need of vision correction.
2. ELIGIBILITY
Our Sites are not structured or intended to attract children under the
age of 13 years. If you are under 13 years please do not visit or use
the Sites. If you are between 13 and 18 years of age, then you must
review these Terms with your parent or guardian before visiting or using
our Sites to make sure that you and your parent or guardian understand
these Terms and agree to them.
Your use of the Services means you represent and warrant that you meet
all eligibility requirements we outline in these Terms. However, we may
refuse to let certain people access or use the Services. We may also
change our eligibility criteria.
3. No Medical Advice or Services
GlassesUSA.com is not a medical or vision group or a health care
provider. GlassesUSA may provide its users with the ability to obtain a
virtual consultation provided by independent health care practitioners.
Any consultations provided to you will be provided by licensed
optometrist, ophthalmologist, and/or other health care professional
appropriately licensed and qualified to provide you health care
services. 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 Sites, 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 GlassesUSA.com of any kind. 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. We 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 Sites.
4. CUSTOMER ACCOUNT
During your use of our Sites and in order to use our Sites' services,
you may choose to or may be required to create an account (the
“Account”), and by doing so you agree to provide accurate and complete
information as required by the relevant Site page (the “Account
Information”), and to keep the Account Information current, accurate and
complete. If you choose to register to our website, we may offer
different options to create an Account, including:
- Online Registration Form: You may choose to complete and submit an online registration form. You will be asked to provide us with certain mandatory information such as your name and email address, and also a password that you will use to access your Account.
- Third Party Accounts: We may also provide you the ability to register or otherwise link to, or integrate with the Sites, certain social media, such as Facebook, Google, and others, as part of the Sites. Please note that in any instance with which you provide us with your login credential for such platforms, we will have access to all information related to such account(s) – as permitted by the policies of such platforms and your then current privacy settings, if applicable. By opting to provide us with your login credentials, you hereby assent to any such access and use that we may have, in accordance with our Privacy Policy. If you have any questions or concerns about such access, then we suggest you review the applicable social media platform’s policies and your privacy settings prior to providing us with any such information.
5. PRIVACY
We will use the Account Information and any additional information we
may collect or obtain in connection with your use of our Sites in
accordance with our privacy policy which is available at
www.glassesusa.com/privacy-policy
(the “Privacy Policy”). You agree that we may use information that you
provide or make available to us in accordance with our Privacy Policy.
6. THIRD PARTY SOURCES AND CONTENT
Our Site enables you to view, access, link to, and use content from
third parties (the “Third Party Sources”) (such content referred herein
as “Third Party Content”) that are not owned or controlled by us. Third
Party Source may be a third party website or service provider.
We are not affiliated with and have no control over any Third Party
Sources. We do not assume any responsibility for the content, terms of
use, privacy policies, actions or practices of, any Third Party Sources.
Please read the terms of use and privacy policy of any Third Party
Source that you interact with before you engage in any such activity.
We do not endorse any advertising, promotions, campaigns, products,
services or other materials that are included in any Third Party Content
or that is communicated to you from a Third Party Source.
By using our Site you may be exposed to Third Party Content that you may
consider as inaccurate, offensive, indecent, or objectionable. You
always have the choice of deciding whether or not to interact with a
Third Party Source or to view and use Third Party Content. Your
interaction with a Third Party Source and your use of, and reliance
upon, any Third Party Content is at your sole discretion and risk.
You are solely responsible and liable for your interaction with a Third
Party Source. You agree to waive, and hereby do waive, any legal or
equitable rights or remedies you may have against us, and release us
from any and all liability, arising from your use of and interaction on
any Third Party Content and from your interaction with any Third Party
Source. If you have any query or complaint regarding a Third Party
Source or any Third Party Content, you agree to contact the Third Party
Source directly.
7. USER SUBMISSIONS
Our Sites permits the hosting, sharing, posting, and publishing of
content provided by you and other users (collectively, "User
Submissions"). Your User Submissions may be posted to our Sites, used to
send commercial marketing materials to you, or otherwise be made
publicly available. You understand that whether or not such User
Submissions are published, we do not guarantee any confidentiality with
respect to any User Submissions. You shall be solely responsible for
your User Submissions and the consequences of posting or publishing
them. We have complete discretion whether to publish your User
Submissions and we reserve the right without further notice to you, to
monitor, censor, edit, remove, delete, and/or remove any and all User
Submissions at any time and for any reason.
You represent and warrant that you own or have the necessary rights and
permissions to use and authorize us to use all Intellectual Property
Rights (as defined below) in and to your User Submissions, and to enable
inclusion and use thereof as contemplated by these Terms. Intellectual
Property Rights means any and all rights, titles and interests, whether
foreign or domestic, in, under, and to any and all trade secrets,
patents, copyrights, service marks, trademarks, know-how, or similar
intellectual property rights, as well as any and all moral rights,
rights of privacy, publicity and/or similar rights of any type under the
laws or regulations of any governmental, regulatory, or judicial
authority, foreign or domestic. You retain all of your ownership rights
in and to your User Submissions.
We do not regularly review posted User Submissions, but do reserve the
right (but not the obligation) to monitor and edit or remove any User
Submissions submitted to the Sites. Subject to these Terms and to our
Privacy Policy, by submitting User Submissions, you hereby grant us a
worldwide, irrevocable, non-exclusive, royalty-free, perpetual,
sub-licensable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Submissions
only in connection with our Sites, including without limitation for
redistributing part or all of your User Submissions (and derivative
works thereof), and you hereby waive any moral rights in your User
Submissions, to the extent permitted by law. You also hereby grant each
user and Third Party Source a non-exclusive right to use, copy,
reproduce, distribute, disclose, prepare derivative works of, display
and perform such User Submissions in accordance with these Terms.
You understand and acknowledge that when accessing and using our Sites:
(1) you will be exposed to User Submissions from a variety of sources,
and that we are not responsible for the accuracy, correctness,
usefulness, safety, or Intellectual Property Rights of, or relating to,
such User Submissions; and (2) you may be exposed to User Submissions
that are inaccurate, or that you may consider as offensive, indecent, or
objectionable. You hereby waive, any legal or equitable rights or
remedies you may have against us with respect to the foregoing
subsection (1) and (2) above.
We reserve the right to access, read, preserve, and disclose any User
Submission or any other information that we obtain in connection with
the Sites as we reasonably believe is necessary to: (1) satisfy any
applicable law, regulation, legal process, subpoena or governmental
request, (2) enforce these Terms, including investigation of potential
violations of it, (3) detect, prevent, or otherwise address fraud,
security or technical issues, (4) respond to your user support requests,
or (5) protect the rights, property or safety of us, our users or the
public.
You agree that you will not send, display, post, submit, publish or
transmit a User Submission that: (1) is unfair or deceptive under the
consumer protection laws of any jurisdiction; (2) is copyrighted,
protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you
are the owner of such rights; (3) creates a risk to a person’s safety,
health, or property, creates a risk to public safety, health, or
property, compromises national security, or interferes with an
investigation by law enforcement; (4) impersonates another person; (5)
promotes or involves illegal activities, terrorism, drugs, violates
export control laws, relates to illegal gambling, or illegal arms
trafficking; (6) is unlawful, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense, gives
rise to civil liability, violates any law, or is otherwise dishonest,
inaccurate, inappropriate, malicious or fraudulent; (7) constitutes an
unauthorized commercial communication; (8) contains the contact
information or any personally identifiable information of any third
party unless you have first obtained the express consent of said third
party to include their contact information or personally identifiable
information; and/or (9) breaches these Terms.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials
posted on our Sites. If you believe that your work has been copied in a
manner that constitutes copyright infringement, please follow the
procedures set forth below.
We respects the intellectual property rights of others and expect our
users to do the same. In accordance with the Digital Millennium
Copyright Act ("DMCA"), we will respond promptly to notices of alleged
infringement that are reported to our Designated Copyright Agent,
identified below.
Notices of Alleged Infringement for Content Made Available on the
Sites
If you are a copyright owner, authorized to act on behalf of one, or
authorized to act under any exclusive right under copyright, please
report alleged copyright infringements taking place on or through our
Sites by sending us a notice ("Notice") complying with the following
requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
-
Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent at legal@glassesusa.com.
8. CUSTOMER PURCHASES
Product purchases may be executed via PayPal (or other third party
payment service provider that we make available for you to use via our
Sites). If you choose to proceed with a purchase via PayPal or other
third party payment service provider then you: (1) agree to review and
be bound by PayPal's or such other third party payment service
providers’ terms of use and privacy policy; and (2) you acknowledge that
you may need to hold, or register, an active PayPal account in order to
complete a product purchase. We are not responsible or liable for any
activities or conduct of PayPal (or such other third party payment
service provider), and you agree to hold us harmless, and expressly
release us, from any and all liability arising from or in connection
with any products that are offered for sale and purchased via the Site.
We reserve the right, at our sole discretion, to refuse or cancel any
order for any reason. Some situations that may result in your order
being canceled include limitations on quantities available for purchase,
inaccuracies or errors in product or pricing information, or problems
identified by our credit and fraud avoidance department. We may also
require additional verifications or information before accepting any
order. We will contact you if all or any portion of your order is
canceled or if additional information is required to accept your order.
If your order is canceled after your credit card (or other payment
account) has been charged, we will issue a credit to your credit card
(or other applicable payment account) in the amount of the charge.
If you choose to utilize your insurance plan to purchase or cover a
portion of the purchase of your order, GlassesUSA.com does not guarantee
that your insurance coverage will be honored by your insurance plan for
purchases made on the Sites. Any questions related to your insurance
should be directed to the company offering your insurance plan.
9. CUSTOMER CONDUCT; OWNERSHIP
The (1) content on our Sites, including without limitation, the text,
documents, articles, brochures, descriptions, products, software,
technology, graphics, photos, sounds, videos, interactive features, and
services and any output thereof (or collectively, the Materials), (2)
and User Submissions (or together with the Materials, the “Content”),
and (3) the trademarks, service marks and logos contained therein (or
the Marks), are our property and/or our licensors’ property and may be
protected by applicable copyright or other intellectual property laws
and treaties. All other brands and names (including third-party product
names) are the property of their respective owners. You may not use the
name GlassesUSA, GlassesUSA.com, the GlassesUSA logo or any other
graphics or services terms or names that are our Marks or our
affiliates' Marks on any site without our express prior written consent.
You acknowledge that all Content is copyrighted as a collective work
under applicable law, including, without limitation, the U.S. copyright
laws, and we own a copyright in the selection, coordination,
arrangement, and enhancement of such Content. If no specific
restrictions are displayed, you may make copies of select portions of
the Content, provided that the copies are made only for your personal,
information and non-commercial use and that you do not alter or modify
the Content in any way, and maintain any notices contained in the
Content, such as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the preceding sentence
or as permitted by the fair use privilege under the U.S. copyright laws
(see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce,
or distribute in any way Content protected by copyright, or other
proprietary right, without obtaining permission of the owner of the
copyright or other proprietary right.
It is forbidden under these Terms and Conditions to engage in any
activity that will restrict or inhibit other users from using our Sites.
You shall not: (1) copy, distribute or modify any part of our Sites or
services without our express prior written authorization; (2) use,
modify, create derivative works of, transfer (by sale, resale, license,
sublicense, download or otherwise), reproduce, distribute, display or
disclose Content; (3) disrupt servers or networks connected to our
Sites; (4) use or launch any automated system (including without
limitation, "robots", "spiders", or otherwise) to access our Sites; (5)
parse any content within our Sites or copying any source code for the
purpose of mimicking the look and feel of our Sites; (6) circumvent,
disable or otherwise interfere with security-related features of our
Sites or features that prevent or restrict use or copying of any content
or that enforce limitations on use of our Sites, and/or (7) sell,
license, or exploit for any commercial or non-private purpose, any use
or access to the Sites and Services or any Content related thereto.
10. PRODUCT DESCRIPTIONS
GlassesUSA attempts to ensure the integrity and accuracy of the Sites,
it makes no representations, warranties or guarantees whatsoever as to
the correctness or accuracy of the Sites and content thereon. It is
possible that the Sites could include typographical errors, inaccuracies
or other errors, and that unauthorized additions, deletions and
alterations could be made to the Sites by third parties. In the event
that an inaccuracy arises, please inform us so that it can be corrected.
GlassesUSA reserves the right to unilaterally correct any inaccuracies
on the Sites without notice. Information contained on the Sites may be
changed or updated without notice. Additionally, we shall have no
responsibility or liability for information or content posted to the
Sites from any non-GlassesUSA affiliated third party.
In the event a product or service is listed at an incorrect price due to
a typographical error or error in pricing information received from our
suppliers, we shall have the right to refuse or cancel any orders placed
for product / service listed at the incorrect price. We shall have the
right to refuse or cancel any such orders whether or not the order has
been confirmed and your credit or debit card charged. If your credit or
debit card has already been charged for the purchase and your order is
canceled, we shall promptly issue a credit to your credit or debit card
account in the amount of the incorrect price. If a product offered by
our Sites is not as described, your sole remedy is to return it unused
and with the full contents in accordance with our return policy (see
“Return Policy” below for additional information).
11. COPY GLASSES FEATURE
- Our Apps may include a “Prescription Scanner” feature (“Prescription Scanner Feature”) which allows our Sites’ users to scan their prescription glasses in order to extract their optical parameters, and to receive such parameters (as such were extracted) which may include sphere (power), cylinder (astigmatism), and axis, and also to determine the distance between pupils (in millimeters rounded to 0.5mm) (“PD”) by analyzing our Site’s users’ uploaded picture.
-
You may use the Prescription Scanner Feature only if you comply with
all the following pre-conditions:
- the prescription glasses scanned under the Prescription Scanner Feature were manufactured based on a prescription provided to a person aged between 18 years old and 45 years old;
-
the scanned eye glasses optical parameters ranges are:
- Myopic with spherical power between -0.25 and -6.00 diopter
- Hyperopic with spherical power between +0.25 and +3.00 diopter
- Astigmatic with cylinder power between Cyl -0.25 and -2.50
- Single-vision only (no multi-focal, bi-focal or progressive lenses)
- Have no prism measurement in your prescription
- the prescription originally used for the prescription glasses scanned under the Prescription Scanner Feature is still valid under laws and regulations applicable to our Sites’ user, and was issued by a certified optometrist no longer than 24 months prior to the scan.
- the scanned prescription glasses were issued for a person who (a) does not suffer from a medical condition which may influence the results or the Prescription Scanner Feature or their applicability, including without limitation amblyopia, diabetes, hypertension, glaucoma, cataracts, retinal detachment, crossed-eyes, brain injuries, neurological issues, etc., and/or (b) does not suffers from vision discomfort or symptoms of acute eye pain, flashes and/or floaters in eyes.
- We do not provide medical advice and our services do not constitute the practice of medicine. You agree and acknowledge that the Prescription Scanner Feature scan results, may be influenced and/or distorted as a result of various factors such as a health condition, your non-adherence to the instruction of the Prescription Scanner Feature and/or the hardware you use with the Prescription Scanner Feature (e.g. computer screen, smartphone).
- Use the Apps and/or the Prescription Scanner Feature therein, may only be made by users from the USA and Canada through the Apple or Google local application stores.
- We reserve the right to modify, cease and/or remove the Prescription Scanner Feature, or any part thereof, at any time and at our sole discretion, with no liability therefor.
- The Prescription Scanner Feature has been developed and is owned and provided by 6over6 Ltd., and we shall have no liability or responsibility with respect to the Prescription Scanner Feature scan results.
12. Visibly, Inc.
GlassesUSA.com, through our partnership with Visibly, Inc. and its
affiliated health care provider Optomized Eye Care, P.C. (collectively,
“Visibly”), make it possible for you to connect with a licensed
optometrist, ophthalmologist, or other health care provider
(collectively, the “Providers”). The Providers are independent of
GlassesUSA. Any information or advice received from a Provider comes
from them alone, and not from GlassesUSA.com. Your interactions with the
Providers are not intended to take the place of your relationship with
your regular health care practitioners or primary care physician.
Neither GlassesUSA.com, nor any of its subsidiaries or affiliates or any
third party who may promote our Sites, services, or provide a link to
the services, shall be liable for any professional advice obtained from
a Provider accessed via our Sites nor any information obtained on our
Sites. GlassesUSA.com does not recommend or endorse any specific
Providers, tests, physicians, medications, products, or procedures. You
acknowledge that your reliance on any Providers or information delivered
by the Providers via our Sites is solely at your own risk and you assume
full responsibility for all risks associated herewith.
If you elect to obtain a virtual consultation with Visibly, your
consultation will occur on a website hosted and operated by Visibly.
Visibly may also collect data from you while you browse or utilize their
website. We recommend that you review Visibly’s Privacy Policy and Terms
of Use to understand their data collection practices.
GlassesUSA.com does not make any representations or warranties about the
training or skill of any Providers who deliver services made available
via our Sites or in any other means. You will be provided with available
Providers based solely on the information you submit to Visibly. You are
ultimately responsible for choosing your particular Provider. The
content of our Sites, including without limitation, text, copy, audio,
video, photographs, illustrations, graphics, and other visuals, is for
informational purposes only and does not constitute professional medical
advice, diagnosis, treatment, or recommendations of any kind by
GlassesUSA.com. You should always seek the advice of your qualified
health care professionals with any questions or concerns you may have
regarding your individual needs and any medical conditions. All
information provided by GlassesUSA.com, or in connection with any
communications supported by GlassesUSA.com, is intended to be for
general information purposes only, and is in no way intended to create a
provider-patient relationship as defined by state or federal law. While
GlassesUSA.com facilitates your selection of, and may assist in the
communications with, Providers, GlassesUSA.com does not provide medical
services, and the doctor-patient relationship is between you and the
Provider you select.
The medical services, treatment, and care you receive may vary depending
on the Provider you interact with. Please contact your Provider directly
for any questions regarding your care or medical treatment.
13. HOME TRY-ON
GlassesUSA.com’s Free Home Try-On is a limited period trial program to
help you find the perfect pair of glasses. You can select several
glasses, as described on Home Try-On page, to try on at home for a
limited Try-On period. Once the glasses are delivered, they are under
your full ownership. You may return the glasses according to terms as
described on the Home Try-On page. You can learn more about our Home
Try-On here. If the Try-On period expires and any of the glasses you
don’t want to keep have not been placed in the mail; or the glasses
return to us damaged beyond reasonable use, your credit card may be
charged by us for the full amount of each glasses pair that is damaged
or missing, as explained further in the questions sections of our Home
Try-On page. By placing your Home Try-On order, you are authorizing to
charge your credit card, as well as agreeing to all other terms of our
Home Try-On program which are explained on our Home Try-On page.
14. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying products or services from
the Sites for your own personal or household use only, and not for
resale or export. You further represent and warrant that all purchases
are intended for final delivery to locations within your home country.
15. LIMITATION OF LIABILITY
YOUR USE OF THE SITES IS AT YOUR OWN RISK. YOU AGREE THAT OUR SOLE
OBLIGATION TO YOU IS TO PROVIDE THE SITES “AS IS.” TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, NEITHER OUR SITES NOR ANY OF OUR
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS,
REPRESENTATIVES, AFFILIATES (
COLLECTIVELY, THE “GLASSESUSA.COM PARTIES”), NOR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES AND APPS SHALL
BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR YOUR USE OF, OR THE INABILITY
TO USE, THE SITES AND APPS, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS,
PHOTOGRAPHS, IMAGES, MOVING IMAGES, SOUND, AND ILLUSTRATIONS
(“CONTENT”), EXCEPT IN CASES OF: (A) GROSS NEGLIGENCE, RECKLESSNESS, OR
AN ACT OF KNOWING OR INTENTIONAL WILLFUL MISCONDUCT; OR (B) A VIOLATION
OF A CONSUMER PROTECTION STATUTE IN CONNECTION WITH THE SITES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GLASSESUSA.COM
PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS,
REPUTATION, REVENUES, PROFITS, USE, OR DATA), WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT
LIABILITY), OR ANY OTHER LEGAL THEORY, EVEN IF THE GLASSESUSA.COM
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING
UNDER THESE TERMS AND CONDITIONS OUT OF OR RELATING IN ANY WAY TO OUR
PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, OR OUT
OF YOUR USE OF, OR INABILITY TO USE, OUR SITES, EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE OR EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES OR
LOSSES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE GLASSESUSA.COM PARTIES ARE NOT
LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. FURTHER, THE GLASSESUSA.COM PARTIES WILL HAVE NO
LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT
UPLOADED OR ANY THIRD-PARTY COOKIES (INCLUDING, WITHOUT LIMITATIONS,
PIXELS TAGS, WEB BEACONS AND OTHER TRACKING TECHNOLOGIES).
IN THE EVENT OF ANY PROBLEM WITH THE SITES, CONTENT, OR ANY COOKIE, YOU
AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF
ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR
THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE
MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN
ACCORDANCE WITH THE MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A
RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE
RETURNS AND REFUNDS POLICIES OF GLASSESUSA.COM. YOUR SOLE AND EXCLUSIVE
REMEDY FOR DISSATISFACTION WITH GLASSESUSA.COM PRODUCTS IS TO OBTAIN A
REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH
GLASSESUSA.COM SERVICES IS TO STOP USING THE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM
LIABILITY TO THE GLASSESUSA.COM PARTIES TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, ARISING OUT
OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE)
PRODUCTS OR SERVICES, OR YOUR USE OF SUCH PRODUCTS OR SERVICES SHALL BE
THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR
CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU.
THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL APPLY ALSO TO OUR
LICENSORS AND SERVICES PROVIDERS WITH RESPECT TO THEIR LICENSED ARTICLES
AND PROVIDED SERVICES, WHICH ARE INCORPORATED IN OUR SITES.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF
LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO
ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND GLASSESUSA.COM.
THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN YOU AND GLASSESUSA.COM. THE LIMITATIONS IN THIS SECTION WILL
APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
16. OTHER RIGHTS
We reserve the right to monitor areas of our Sites electronically and
may at our sole discretion use and/or disclose any data or communication
of any kind.
We may terminate or suspend your account and your accessibility to all
or part of our Sites, without prior notice, for any conduct that we, in
our sole discretion, believe is in violation of any applicable law or is
harmful to the interests of another user, a third-party or us.
As customer service is the most important aspect of our business, we
reserve the right to deny your purchase of any product or service if it
is apparent that you intend to resell the products. In addition, we
reserve the right to limit quantities of items purchased by each
customer to protect us to these ends.
17. TERMINATION OF ACCESS
You agree that GlassesUSA.com may terminate your access to the Sites
without prior notice and for any reason, and you acknowledge and agree
that we may immediately deactivate or delete your account and all
related information and files in your account and bar any further access
to such files or our Sites. Further, you agree that we shall not be
liable to you or any third party for any termination of your access to
our Sites and/or deactivation or deletion of your account. These Terms
remain in effect even after your access or account is terminated. You
also agree that any violation by you of these Terms will constitute an
unlawful and unfair business practice, and will cause irreparable harm
to GlassesUSA.com, for which monetary damages would be inadequate, and
you consent to GlassesUSA.com obtaining any injunctive or equitable
relief that GlassesUSA.com deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies
GlassesUSA.com may have at law or in equity.
18. WARRANTY DISCLAIMERS
OUR SITES, SERVICES, AND ANY CONTENT OR DATA RELATED THERETO ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF
DEALING OR USAGE OF TRADE. NO REPRESENTATIONS OR WARRANTIES ARE MADE
HEREUNDER AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY,
RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR
EFFECTIVENESS OF ANY SERVICES OR CONTENT, DATA, RESULTS OR OTHER
INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S
USE OF THE SITES OR SERVICES. WE DO NOT GUARANTEE THAT OUR SITES WILL BE
FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. OUR SITES MAY
OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER
REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY
CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL
PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR
OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR
GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR
ADVERTISED ON OUR SITES BY A THIRD PARTY.
WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A
USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH
RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE FOR THE
USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL,
OR NEGLIGENT CONDUCT) OF ANY USER AND THAT THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH
ANY SITE USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE
USER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT
WE SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR
CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO
OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
WE DO NOT AND WILL NOT ACCEPT LIABILITY IN CASES WHERE CUSTOMERS PROVIDE
US WITH PRESCRIPTIONS NOT SUITED TO THEIR PERSONAL CONDITION OR
PRESCRIPTIONS WHICH ARE NO LONGER VALID IN ANY APPLICABLE JURISDICTION.
WE ALSO RESERVE THE RIGHT TO NOT ACCEPT PRESCRIPTIONS THAT HAVE BEEN
ISSUED MORE THAN TWO YEARS PRIOR TO THEIR SUBMISSION TO THE SITES. WE
HIGHLY DISCOURAGE CUSTOMERS FROM USING EYEGLASSES OR CONTACT LENSES THAT
ARE NOT SUITED TO THEIR PRESCRIPTION AND ENCOURAGE YOU TO VISIT YOUR EYE
DOCTOR AND OPTOMETRIST PERIODICALLY.
EXCEPT AS EXPRESSLY STATED HEREIN AND IN OUR PRIVACY POLICY, WE DO NOT
MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR
ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF OUR SITES.
THE SITES MAY INCLUDE A CHAT BOT FUNCTIONALITY INTENDED TO PROVIDE
GENERAL FAQ DATA IN A CHAT-LIKE COMMUNICATIVE MANNER. IT IS AGREED AND
ACKNOWLEDGED THAT ANY COMMUNICATION OR INFORMATION PROVIDED THROUGH SUCH
FUNCTIONALITY IS PROVIDED AS GENERAL ASSISTANCE ONLY AND THAT THESE
TERMS OF USE SHALL PRECEDE AND GOVERN ANY CONFLICTING INFORMATION
PROVIDED THROUGH SUCH CHAT-BOT FUNCTIONALITY.
19. APPLICABLE LAW
We make no representation that the Content on our Sites is appropriate
or available for use outside of the United States and Canada. Access to
our Sites and the services may not be legal by certain persons or in
certain countries. Those who choose to access our Sites from other
locations do so at their own initiative and are responsible for
compliance with applicable local laws. You may not use or export the
Content in violation of U.S. export laws and regulations. Except as
otherwise set forth in the Arbitration Agreement, any claim relating to
our Sites, the services provided through our Sites or the Content (or a
Claim) shall be governed by the internal laws of the State of Delaware
and the laws the United States of America applicable therein, without
reference to any choice of law provisions. Subject further to the
Arbitration Agreement, you hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in the state of Delaware and
irrevocably agree that all Claims may be heard in such court. You agree
that a final judgment in any such action or proceeding shall be
conclusive and may be enforced in other jurisdictions by suit on the
judgment or in any other manner provided by law.
20. INDEMNITY
You agree to defend, indemnify, and hold the GlassesUSA.com Parties
harmless from any and all claims, damages, judgements, awards, losses,
liabilities, costs, and expenses, including reasonable attorney’s fees,
arising out of or relating to any violation of these Terms by you or
your authorized users, or in connection with your use of, or inability
to use, our Sites or your purchases or placement or transmission of any
message or information on our Sites by you or your authorized users or
your violation of any law or the rights of a third party or your User
Submissions.
21. SUBMITTED FEEDBACK
It is our desire and pleasure to hear from our customers and welcome
your comments regarding our products, including our Sites. We request
that you be specific in your comments on our services and products. If
you send us comments, suggestions, ideas, materials, notes, drawings,
concepts, or other information (to which we refer collectively, as
Feedback), the Feedback shall be deemed, and shall remain, our property.
None of the Feedback shall be subject to any obligation of confidence on
our part, and we shall not be liable for any use or disclosure of any
Feedback. Without limiting the foregoing, you agree that we shall
exclusively own and hereby assign to us without compensation or further
obligation all now known or hereafter existing rights to the Feedback of
every kind and nature throughout the universe and shall be entitled to
unrestricted use of the Feedback for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of the Feedback,
including the right to publish on our Sites or elsewhere and to use the
Feedback, including any suggestions, ideas, etc. contained herein.
22. Notice to California residents
If you are a California resident, under California Code § 1789.3, you
are entitled to the following consumer rights notice: If you have a
question or complaint regarding the Website you may contact Us at 954
Lexington Avenue, Suite 537, New York, NY 10021-5013 or by telephone at
1-844-244-1186 or email at
service@glassesusa.com. You
may also reach the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs by contacting
them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA
95834, or my telephone at (800) 952-5210 or (916) 445-1254.
23. Revisions; General
GlassesUSA reserves the right, in its sole discretion, to terminate your
access to all or part of our Sites, with or without cause, and with or
without notice. GlassesUSA reserves the right to modify these Terms at
any time, effective upon posting. Any use of our Sites after such
changes will be deemed an acceptance of those changes. You agree to
review the Terms each time you access our Sites so that you may be aware
of any changes to these Terms. In the event that any of the Terms are
held by a court or other tribunal of competent jurisdiction to be
unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary so that these Terms shall otherwise remain in
full force and effect. These Terms constitute the entire agreement
between GlassesUSA and you pertaining to the subject matter hereof. In
its sole discretion, GlassesUSA may from time-to-time revise these Terms
by updating this posting. You should, therefore, periodically visit this
page to review the current Terms so you are aware of any such revisions
to which you are bound. Certain provisions of these Terms may be
superseded by expressly designated legal notices or terms located on
particular pages within our Sites. If you have any questions regarding
our General Terms and Conditions of Use, please feel free to contact us
via:
Email:
service@glassesusa.com
Phone: 1-844-244-1186
Postal mail: GlassesUSA, 954 Lexington Avenue, Suite 537, New York, NY 10021-5013, USA.
PURCHASE POLICY
1. PRESCRIPTION
You hereby represent and warrant that the prescription you submit as
part of your order is valid on the date of placing your order. If your
prescription does not include an expiration date, we will fill your
order in accordance with applicable legal requirements or within two
years of the date of the prescription, subject to applicable laws and
regulations. If your prescription or order information is incomplete, we
may need to take additional measures to track down current information,
which could mean you have to wait longer for your eyeglass or contact
lenses (to which we refer herein as Products). By placing an order
through our Sites, you represent that the information used for
purchasing the Product/s is correct, true, and accurately matches the
prescription you received from your eye care provider. You further
represent and warrant that you will renew your prescription in
accordance with your eye care provider's instructions. You hereby
acknowledge that your order will not be guaranteed unless your
prescription meets the terms set out in this purchase policy. You hereby
agree that we and our representatives may contact your eye care provider
with any questions, comments, concerns, or verification needed with
respect to your prescription.
Note that eyeglasses and contact lens prescriptions may differ
from one another, so you should make ensure that you are ordering the
correct parameters set forth in your prescription for the type of
product you wish to purchase.
In cases where you order contact lenses and prescriptions are typed
manually instead of being uploaded, we are obligated by law to verify
your prescription with your eye care provider. This is in order to
ensure that we provide you with the correct contact lenses in your
order. According to the U.S. Fairness to Contact Lens Consumer Law, if
the seller does not receive verification response from the eye care
provider within 8 business hours, the seller is allowed to sell the
customer the contact lenses.
If you order eyeglasses, we will also need your pupillary distance, or
PD, to fill your order. When you are fitted for eyeglasses by an eye
care provider, you should be provided with a copy of your prescription
specifying your PD. In the event that the PD is not included in your
order, we will use an average PD, and you agree that you forfeit all
rights for any claim against us in such case. In any event, you shall be
entitled to return or exchange the item in accordance with our Return
Policy as described hereunder.
If the prescription change requires an upgrade in the lens package, you
will be required to pay the difference.
You must be a minimum age of 18 years of age to submit an order. . In
case the prescription is for a child between 13 and 18 years of age,
it's the parent's or guardian's responsibility to ensure the
prescription was filled accurately.
2. COUPONS AND DISCOUNTS
We aim to keep our Products as affordable as possible and often
distribute coupons and coupon codes through various channels for that
purpose. Please be aware that you are not permitted to combine coupons
and coupon codes nor add them retroactively to your order. Any contests,
sweepstakes or other promotions (collectively, “Promotions”) made
available through the Sits may be governed by rules that are separate
from these Terms of Conditions. Unless otherwise stated in such
Promotions’ rules, we reserve the right to terminate and changes the
terms of any such Promotions at any given time without prior written
notice. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a
Promotion conflict with these Terms of Conditions, the Promotion rules
will apply. Kindly note that except for special Safety Glasses coupons,
all other site coupons cannot be applied on Safety Glasses. Please be
aware that Coupon codes cannot be applied to orders made using
in-network insurance benefits.
3. ORDER PRODUCTION AND PROCESSING
Lack of information in orders may lead to delays in processing such
orders. There may be cases in which we will be required to contact you
in order to obtain additional information, and such inquiries may also
delay the processing of the order. In any event, we shall make
reasonable efforts to notify you with respect to any delays.
The processing time of orders that contain additions to the lens (such
as coatings, tint or other) may take longer time. Processing time of
orders which contain progressive and bifocal lenses may take longer than
that of standard lenses.
4. SHIPMENT AND DELIVERY
Orders will be delivered to the address that appears on your order
within reasonable time from the completion of the production and the
quality checks.
Orders are usually shipped within 10 days from the date of confirmation
of payment; however, there may be delays due to external factors. The
time of delivery can vary depending on the destination. Please note that
additional local taxes may be applied to shipments to locations outside
of the United States.
We shall not be liable for delays in shipment due to faults of the
carrier, and therefore these delays will not result in refund of
shipment cost, however, we will make reasonable efforts to assist you
with respect to such delays in a timely manner.
Please be advised: all international shipments may be subject to customs
regulation. Any related charges will be your responsibility. We can’t be
held liable for incurred charges.
When you place your order, you must choose shipping and delivery
options. Standard shipping can take up to approximately 14 (fourteen)
business days from the date of shipment. If you need your Product
faster, you can upgrade to the Expedited or Express shipping option.
Once the package is shipped from a GlassesUSA.com facility, it is no
longer the responsibility of GlassesUSA.com but the responsibility of
carrier.
Upgrading your shipment does not infer overnight delivery. Delivery
times are based on estimation only and exclude the production and
verification stages.
It is important that you enter your address correctly. If the shipment
is addressed to a commercial entity (e.g., an office or a hotel), please
make sure to indicate that your order is to be delivered to the
commercial entity that is located at such address. Failure to input any
part of your address will cause delays in shipments and increase the
costs of the purchased Products. We will not refund or exchange products
that were shipped to an inaccurate address as a result of missing
details. Shipping claims should be addressed within 30 days from the
date of the shipping.
5. EYEGLASSES LOWEST PRICE GUARANTEE (NON PREMIUM)
We guarantee that we can beat any eyeglasses price you find online and
we're even ready to offer you the lowest price guarantee (“Lowest Price
Guarantee”). If you find identical eyeglasses at a lower price
(excluding shipping and handling) for an identical item offered in the
United States by another authorized online retailer (“the Competitor”),
we shall beat that Competitor's price by 10%.
In order to receive the Lowest Price Guarantee, please follow the
following steps: Contact our Customer Service within 10 days of your
purchase. The eyeglasses in question must have been purchased from us.
Provide our Customer Service with a link to the Competitor’s webpage
offering the exact same eyeglasses at a lower price. The eyeglasses must
currently be in stock on the website offering the lower price.
Note that all the following criteria must be met: (1) Lowest Price
Guarantee refers to eyeglasses only, (2) The Competitor's eyeglasses
must be new and match exactly to the ones purchased from us (Frame,
Color, Model, Style, Lenses, Brand name, and other parameters), (3)
Lowest Price Guarantee does not include PREMIUM tagged brands/frames,
(4) Currently in-stock at the Competitor's website with the lower price
currently listed, (5) Claims must be made within 10 calendar days from
purchase, (6) Lowest Price Guarantee only applies to the prices of
authorized online retailers, (7) Competitor’s lower price must include
all shipping charges, handling fees and other charges which may apply,
(8) Applies only on formal price from authorized online retailer,
excluding discounts, coupons, rebates, promotion codes or other special
discounts (such as "buy one - get one free", Google Ads), and (9)
Excluding membership clubs, marketplaces, and closeouts.
We reserve the right to reject claims of Lowest Price Guarantee in the
event of fraud or abuse of the program. Decisions that have been taken
by us are absolute and final. If there is any evidence of fraudulent
activity found, we reserve the right to reject the claim. We reserve the
right to amend or cease the Lowest Price Guarantee program without prior
notice.
6. PREMIUM GLASSES PRICE MATCH GUARANTEE OR LOWEST PRICE GUARANTEE
If you find a lower price offered in the United States by another
authorized online retailer (“the Competitor”), compared to your payment
amount, for an identical item (including all lenses and coating) of any
Premium frame (Eyeglasses or Sunglasses) post purchase, we will match
that price (“Price Match Guarantee”) or beat that Competitor's price by
an amount to be solely determined by us.
In order to receive the Price Match Guarantee, please follow the
following steps:
- Contact our Customer Service within 3 calendar days of your purchase. The frame in question must have been purchased from us.
- Provide our Customer Service with a link to the Competitor’s webpage offering the exact same frame at a lower price. The frame must currently be in stock on the Competitor’s website offering the lower price and the price must be the current price at the Competitor's website.
7. CONTACT LENSES PRICE MATCH GUARANTEE
Should you find the contact lenses you bought priced lower, simply
contact our Customer Service and we match your order price.
In order to receive the price match, please follow the following
steps:
- Contact our Customer Service within 7 days of your purchase. The Product in question must have been purchased from us.
- Send Customer Service (returns@glassesusa.com) a link to the webpage offering the exact same Product at a lower price. The Product must currently be in stock on the website offering the lower price.
Important specifications:
(1) the exact same item, including brand, prescription parameters,
quantity, size, color, etc., (2) sold by an online authorized retailer,
(3) currently in-stock at the online retailer's website with the
discount price currently listed, (4) the price includes all shipping
charges, handling fees and other charges which may apply, (5) the
quantity ordered from the retailer matches the retailer's required
quantity to receive the lower price and the quantity being ordered from
us, (6) quantity purchased is for a period which does not exceed one
year, (7) applies only on formal online retailers prices offered in the
United States, excluding google ads special prices, (8) price-match
orders are not eligible for additional special discounts, coupons, or
offers on top of the price match,(9) excluding rebate offers.
We do not honor price matches for the following: (1) Competitors'
coupons or promotion codes or special discounts (such as "buy one-get
one free"), (2) expired prices or misprinted prices, (3) prices offered
for offline purchasing (in-store-only), (4) special prices provided to
purchased membership only, and (5) closeout or going out of business
prices.
All price matching is at our sole discretion and is subject to changes
at any time without prior notice. We reserve the right to refuse price
matching at any time.
8. RETURN POLICY
We do our best to make returns and exchanges as simple as possible.
We are confident that you will enjoy our eyeglasses and contact lenses.
However, if you are not completely satisfied with your eyeglasses within
the first 14 days after delivery (and with respect to contact lenses, 30
days), you are entitled to a refund, product exchange (of equal or
lesser value item). No questions asked and hassle-free.
Should you choose to return the Product, we shall provide you with a
digital prepaid shipping label.
Please note that canceling an order will only be possible while the
order is in the earlier stages of production by submitting the request
through the online RMA form. Once the order has shipped, it cannot be
canceled; however, you may still return the item for a refund or an
exchange (of equal or lesser value item) upon receipt, subject to the
terms of the Return policy.
See below for further information on exercising your rights under our
14-day (and with respect to contact lenses, 30-day)
money-back/replacement guarantee.
In the event that eyeglasses are returned, it shall be returned in their
unused, original and merchantable condition and in their original
packaging, including all accessories such as case and cleaning cloth. In
the event that contact lenses returned, it shall be returned unopened in
their original, merchantable condition.
To start your eyeglasses return process, simply go to Returns section in
our website and fill the return authorization form.
To start your contact lenses return, contact our Customer Service at
returns@glassesusa.com or
call us at 1-844-244-1186, 24/7 to set up the exchange.
After you print the digital shipping label, go to your Post Office or
mailbox and send us the returned Product/s in their original packaging
(as specified above), using the digital shipping label we have provided
you with.
We will offer you:
- 100% money back guarantee or store credit (note that the refund/ store credit does not include the cost of any shipping that is not Standard, as mentioned in the Shipment and Delivery section above).
- Product exchange of equal or lesser value.
c/o Flying Cargo Logistics @ Rim Logistics
1750 Central Ave.
Roselle, Illinois 60172, USA
Important Notes:
- All store credits and exchanges are non-refundable.
- It is the customer's responsibility to ship the item(s) back within 6 business days from receiving the digital shipping label, and 6 business days from receiving authorization to return an international order. Return requests will not be processed after such timeframes. requests will not be processed after such timeframes.
- Refunds will only be processed up to 90 days from the delivery date.
- Store credit is valid for 3 months from the date granted. The validity of store credit cannot be extended.
- Store credit may not be used in conjunction with certain coupons.
- A tracking number must be provided for the returned items of international orders.
- Each item is entitled to a one-time, no-questions-asked, return for either 100% refund or store credit (does not include the cost of any shipping that is not Standard) or product exchange of equal or lesser value.
- Returns can only be processed within 14 days of delivery (and with respect to contact lenses, 30 days), and are limited to 2 (two) per item. Please note that GlassesUSA reserves the right to require proof of error for an item returned more than once.
- All return settlement requests that were submitted through the online submission form are final and irreversible. This does not include further offers of store credits or exchanges accepted via a verbal agreement after submission. Acceptance of said offers are final and irreversible as well.
- The customer can only send back the items that were selected on the Return Authorization form, with the digital shipping label issued to those items. Any additional items that are included in the returned box that were not filled out on the appropriate Return Authorization form, will not be accounted for.
- Only store credits generated from a return/cancellation of contact lenses orders can be used to purchase contact lenses.
9. EYEGLASSES MANUFACTURER’S WARRANTY
All frames have a 365-day manufacturer’s warranty. In the unlikely event
that your frame or lenses break after the initial 14 days following
delivery and within one year of your purchase, we will gladly provide
you with a 50% store credit towards another pair of eyeglasses. Your
store credit will be in the amount of 50% of the amount paid for the
item; this does not include the shipping cost. The coverage does NOT
include accidental damage from handling or damage from normal wear and
tear. . Please note it is the customer's responsibility to return the
glasses and provide us with the return shipping tracking information.
Furthermore, a picture of the damage to the item is required for the
warranty to be activated.
Warranty for products purchased with BOGOFREE & ELLEN buy one get one
free Promotions: in the case that a customer requests warranty on a
product purchased during a buy on get one free promotion, the customer
is eligible for a store credit amounting to 25% of the subtotal of the
product in question. Please note that this warranty is eligible for
one-time use and is non-renewable.
For questions regarding our Return Policy please contact us at
returns@glassesusa.com or
call our Customer Service team at 1-844-244-1186.
10. EYEGLASSES 20/20 ENHANCED COVERAGE WARRANTY
Purchase our 20/20 Enhanced Coverage Plan, or the 20/20 Plan, to ensure
that your glasses are covered, whether you need a repair or replacement
or in case of change of prescription. Coverage includes:
- Accidental damage from handling;
- Prescription changes; and
- Damage from normal wear and tear.
Terms of Coverage
The 20/20 Plan is limited to a one-time use within its defined period
starting on the day you receive the eyeglasses. Subject to the type of
warranty purchased, the warranty coverage lasts one year (365 days) or
two years (730 days) from the day you receive the eyeglasses, and can be
verified with a tracking number.
Co-Pay Amount
$15 Replacement Service (incl. handling). For premium-marked frames or Transitions lenses, an additional charge of $15 will apply ($30 in total).
Additional Terms and Conditions
By purchasing the 20/20 Plan, you consent to the terms of the 20/20 Plan
and acknowledge that you have had the opportunity to read the terms and
conditions set forth herein.
The 20/20 Plan covers parts and labor costs to exchange or repair your
eyeglasses in the event your eyeglasses are damaged. We will replace the
eyeglasses, at our discretion, when required due to damage. You are
entitled to a replacement of equal value to the amount originally paid.
In the event that the original frame is still in stock, a replacement
will be provided with the same lens package and protective coatings as
in the original order. In the event that the original frame purchased is
no longer in stock, you are entitled to a frame of equal or lesser value
including lens package and protective coatings. In the event of a change
in the prescription originally provided for the order, the customer must
provide us with the new prescription. If the prescription change
requires an upgrade in the lens package, the customer will be required
to pay the difference. Only after confirmation of receipt of the
returned eyeglasses will the customer be entitled to the warranty.
Your membership under the 20/20 Plan is non-transferable and not
renewable.
In addition, an email with the tracking number of the returned item must
be sent to:
returns@glassesusa.com
11. LIMITED WARRANTY
The following are not covered under the 20/20 Enhanced Coverage Warranty
and/or the Glasses Manufacturer’s Warranty (referred to above): (1)
DAMAGE FROM INTRODUCTION OF FOREIGN OBJECTS INTO THE EYEGLASSES,
UNAUTHORIZED EYEGLASSES MODIFICATIONS OR ALTERATIONS; (2) FAILURE TO
FOLLOW THE MANUFACTURER'S CLEAN AND CARE INSTRUCTIONS; (3) UNAUTHORIZED
REPAIRS; (4) DAMAGE INCURRED DURING TRANSPORTATION; (5) DAMAGE FROM
TAMPERING WITH ELEMENTS DESIGNED TO SECURE LENSES AND/OR ARMS; (6)
EYEGLASSES THAT ARE LOST OR STOLEN; AND (7) EYE EXAMS OR OTHER MEDICAL
EXPENSES ASSOCIATED WITH OBTAINING REPLACEMENT EYEWEAR
GLASSESUSA SHIPPING PROTECTION TERMS
| Eligibility: | Limited to customers who have purchased shipping protection coverage at the time of purchase. |
| Claim Limits: | Maximum of two (2) claims within any consecutive 12-month period. See limitation of liability provided under these Terms. |
| Replacement Product(s): | Once your claim is approved, a new order will be processed by GlassesUSA and a replacement(s) product will be generally sent for delivery within approximately 7-10 business days. Claims will only be fulfilled with new GlassesUSA products of the same model or other models of like kind and quality. Colors, style and feature compatibility are not guaranteed and are subject to availability. |
| Covered Incidents: | Lost, stolen or physically damaged deliveries of products purchased directly from GlassesUSA. |
| Covered Products: | Products purchased on GlassesUSA.com, including via our app or at participating GlassesUSA retail locations (each, a “GlassesUSA Property”), which includes without limitation, non-prescription fames, prescription frames, contact lenses and accessories. |
| Dispute Resolution: | In the unlikely event we cannot resolve any disputes in accordance with the Terms described below, including any claims under our coverage program, you will be required to resolve your dispute solely in accordance with the dispute resolution and mandatory arbitration provisions set forth in the GlassesUSA Terms of Use. |
Limitations and Exclusions
The coverage extended under these Terms contains certain limitations and
exclusions. For example, intentional damage to your product(s), willful
misconduct, conversion or other acts or dishonesty are expressly
excluded from coverage and will void your protection. In addition, you
will not be entitled to any protection that violates applicable law. The
coverage hereunder solely extends to the Covered Incidents listed
above.
NOTE: Without limiting the generality of the foregoing, GlassesUSA
reserves the right to cancel the protections set forth hereunder and
extended to any person who, knowingly and with intent to injure,
defrauds or deceives GlassesUSA, or submits a claim containing any
false, incomplete or misleading information.
Customer Satisfaction
GlassesUSA strives to satisfy every customer, and requests that you
allow us the opportunity to resolve any question, concern or complaint
you may have by calling us at 1-844-244-1186 or by sending us an email
to
customercare@glassesusa.com.
Replacement or Refund
GlassesUSA will seek to replace any product which qualifies as a Covered
Product under these Terms. In the event the product you’ve purchased is
no longer in stock or is otherwise unavailable as confirmed by
GlassesUSA, you shall have the option to select another product which
sells for the same or a lower price as compared to your original
purchase price (excluding the shipping protection fee), or you may
request a refund from GlassesUSA of the original purchase price.
Communications
Since you have provided GlassesUSA with your email address and phone
number, we may communicate our delivery coverage protection program
information and legal notices to you through any electronic means (e.g.,
SMS, emails, etc.).
For Residents of California, Indiana and Maryland
Consumer hotline for the California Department of Insurance is
800.927.HELP (4357), for the State of Indiana Department of Insurance is
800.622.4461, and for the Maryland Insurance Administration is
800.492.6116.
Non-Refundable
All fees paid to GlassesUSA for shipping program coverage are
non-refundable and non-transferable.
Claim Process
- Claims for lost or stolen deliveries must be reported to GlassesUSA no sooner than three (3) days and no later than ten (10) days from (i) the date of your scheduled delivery (i.e., in the case of lost products) or (ii) the actual delivery date based on date and time shown by the carrier as delivered (i.e., in the case of lost products). If you’re not sure of your scheduled delivery date, please contact us. Claims submitted after the applicable date provided above may be barred by GlassesUSA.
- Claims for damaged products upon delivery must be reported to GlassesUSA within seven (7) days from the date of the actual delivery based on date and time shown by the carrier as delivered.
- You may contact GlassesUSA to submit a claim by calling 1-844-244-1186 or by sending an email to customercare@glassesusa.com. Make sure you reference the previous order confirmation number in the subject line of your email.
- Our representatives are available to answer your calls every day from 7:00 am ET to Midnight ET.
- In the case of theft, GlassesUSA may require a police report to be filed with the local authorities and/or a signed affidavit attesting to the theft of the covered property.
- If your Covered Product(s) is delivered damaged, GlassesUSA may require you to return your damaged product before a replacement delivery will be shipped. In all cases, you’ll be provided with a prepaid shipping label for your damaged delivery. If you refuse to ship your damaged product(s), GlassesUSA reserves the right to refuse to ship a replacement or issue a refund.
- If, in GlassesUSA’s determination, your original purchase cannot be replaced in accordance with these Terms (and such determination is confirmed by GlassesUSA in an email) and you elect to receive a refund, then such refund will be processed by GlassesUSA within 20 business days from the time of our confirmed email notice of your decision. Refunds will only be paid to the same credit card or payment metod from which you made your original purchase based on GlassesUSA’s payment records.
- GlassesUSA’s replacement or refund of any purchase pursuant to these Terms will be deemed to be in full settlement and satisfaction of any claims and demands. In consideration for GlassesUSA’s replacement or refund, as applicable, you hereby release and discharge GlassesUSA from any further claims, existing or arising in the future relating to your original purchase.
