Terms of service
Terms of service
These ContactLens365 Terms of Use (these “Terms of Use”) apply when you access, use or visit our website located at www.ContactLens365.com (the “Site”) or the services we offer through the Site (the Site and these). services constituting the “Service”). Service to you EUROPEAN REGION OPTİK MEDİKAL, LTD. Provided by (“Company”, “we”, “us”, “Vice President” and “our”). We have prepared these Terms of Use to help explain the terms that apply to your use of the Service. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE, WHICH CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY.
Dispute Resolution and Notice of Your Right to Withdraw: These Terms of Use contain provisions governing how claims you and we may have against each other (see Section 15 below), including an agreement and the obligation to arbitrate disputes, subject to limited exceptions. , requires you to submit any claims you have against us to binding arbitration unless you opt out in accordance with Section 15(e). Unless you opt out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis and not as part of any class or representative action or proceeding, and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief). individually.
UPDATES TO THESE TERMS OF USE
We may change these Terms of Use from time to time. When we do so, we will post the amended terms on the Site and/or notify you through other communications. If you do not accept the proposed changes, you should stop using the Service. If you continue to use the Service after the new terms come into force, you will be subject to the modified Terms of Use.
PRIVACY POLICY
In connection with your use of the Service, please review our Privacy Policy located at https://www.ContactLens365.com and https://www.ContactLens365.com to understand how we use the information we collect from you when you access it. , Visit or use the Service. The Privacy Policy is part of and subject to these Terms of Use, and by accepting these Terms of Use, you agree to be bound by the terms of the Privacy Policy and that we may use information collected from you in accordance with its terms. .
APPROVED REPRESENTATIONS REGARDING YOUR USE OF THE SERVICE.
When you use the Service, you represent that: (a) the information you submit is true and accurate; (b) your use of the Service and your use of the services available on the Service do not violate any applicable law or regulation; (c) you are of sufficient legal age or otherwise have the legal capacity to legally enter into these Terms of Use.
USER ACCOUNTS AND REGISTRATION
User Registration.
You may visit and browse the Service without becoming a registered user of the Service, but you may not place an order, view an order, track an order, save your favorites, save your recently viewed items, or save your prescription information unless you are a registered user of the Service. You may register to become a registered user of the Service by completing the registration process at https://www.ContactLens365.com and https://www.ContactLens365.com. If you register to become a registered user of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (“Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) you will comply with the rules governing Contributions set forth in Section 8(A) below.
User accounts.
If you are a registered user of the service, you will be asked to create a user ID that will be associated with your user account. You can create only one user ID to be associated with your user account. You may not: (i) select or use the name of another person as a user ID for the purpose of impersonating that person; (ii) use as a user ID a name that is subject to rights of a person other than you without appropriate authorization; or (iii) use as a user ID a name that may be offensive, vulgar or obscene. We reserve the right to refuse registration or cancel a user ID in our sole discretion. You will be responsible for maintaining the confidentiality of your user ID and password. The Company will not be responsible for any damages you may incur as a result of someone else using your username or password, with or without your knowledge. You may be held liable for damages incurred by the Company due to unauthorized use of your username or password.
TERMS OF SALE
Ordering Through the Service to
- i) Order Information. In order to place an order through the Service, you must provide us with valid order information. This order information includes (a) your full name and correct and complete address and shipping information, (b) your telephone number, (c) your payment information (credit card number, expiration date and code numbers), (d) your frame selection, (e) your lens type, colors and coatings, (f) pupillary distance (PD), and (g) applicable prescription (Rx) information. IF YOUR PRESCRIPTION IS EXPIRED OR MORE THAN TWO YEARS OLD, WE RECOMMEND THAT YOU CONFIRM WITH YOUR DOCTOR OR Ophthalmological Provider BEFORE PLACING YOUR ORDER. Your order information is saved in your user account for future use.
(ii) Changes to Your Order . Please contact customer service as soon as possible at 90-535-237-3802. If your order has not been processed, we can cancel it immediately.
(iii) In case the specified product is out of stock
Example: You ordered Acuvue Oasys 1-Day 90 Pack. If it is not in stock, a 30-pack of 30 x 3 = 90 pieces will be sent at the same price. Likewise, if the 2-week Acuvue Oasys 24-pack is not available in stock, it will be sent as a 6-pack or 6x4 24-pack. No additional fee is charged from the customer. Limited to stocks. If both packages are out of stock, the order will be canceled and a refund will be given.
Warning labels of the health authorities of that country may be printed on the boxes of some products sent from different countries. Manufacturers may change the packaging of products in some countries. A label with a picture representing that country may have been placed on the box.
Subscription
The Subscribe & Save benefits discussed on the Subscribe & Save details page are part of these Terms. ContactLens365 reserves the right to change Subscribe & Save benefits, including discount amounts, at any time in its sole discretion. All changes will be applied to future orders regardless of whether you have an existing subscription or not.
If any issues arise with your ContactLens365 account, the shipping address or payment method associated with your subscription order that we cannot resolve, we will notify you via email asking you to resolve the issue and reactivate using the address associated with your subscription. Your subscription. Your subscription will be placed on hold and no further orders will be processed or shipped until the issue is resolved and the subscription is reactivated. Subscribe & Save discounts and all applicable Subscribe & Save limited-time special subscription promotions are valid on eligible products only.
All returns under Subscribe & Save are subject to the ContactLens365 returns policy. Subscriptions are valid until stocks last or the Subscribe & Save discount on a particular product is cancelled. Subscriptions are void where prohibited.
The cost of each Subscribe & Save product shipment will be billed to the credit card you used to create your subscription or the credit card otherwise directed by you. If we are unable to complete your Subscribe & Save order with the credit card you used to create your subscription, your order will be placed on hold until the new credit card is provided.
delivery
All orders placed worldwide are shipped from our warehouses in the European region. Orders generally ship from these locations within 1 to 10 days from the order date, depending on prescription type and other factors, and as with all medical devices, your order is subject to government inspection, shipping delays, strikes and other unforeseen events. . For this reason, the timing of delivery, order arrival and other timing expectations may be delayed, disrupted and orders may take longer than expected. We do not guarantee a specific delivery date.
Return Policy For details on returning items purchased through our services, please refer to Returns and Exchanges.
See our policy.
(i) 15 Days Refund. You will have thirty (15) days from the delivery date of your order to return the products included in the current order. If you are not satisfied with the glasses you ordered from us, you may return them and elect to receive (a) a fifty percent (50%) refund (excluding shipping); This amount will be refunded to your credit card. used to place the order; or (b) a one hundred percent (100%) refund (excluding shipping) in the form of store credit to be used towards the Service. Before returning your glasses, you must call us to obtain a return authorization (RA) number. SHIPPING CHARGES ARE NON-REFUNDABLE IN ANY CASE.
Coupons/Special Sales
"Coupons" and "Coupon codes", "Discounts", "Free Shipping" and other special pricing and offers are only as advertised. Please review the applicable offer to understand what restrictions or limitations may apply in your jurisdiction.
Read the special conditions. All special pricing and deals will begin and end on the date and time specified in the applicable offer. All valid coupons and coupon codes will be made available through the Service or through advertising we sponsor. We have no obligation to honor coupons or coupon codes posted on third party websites or otherwise provided by third parties.
COMPETITIONS
We may sometimes sponsor contests in connection with the Service. All entries submitted for participation in any contest, whether sponsored solely by us or in conjunction with a co-sponsor, will be deemed a Contribution (as defined in Section 8(A) and shall be subject to the terms set forth in Section 8(A)). Your participation and applications in the competition will not be returned to you. The rules applicable to each contest will be provided to you along with a description of that contest, and the applicable rules will supplement the terms and conditions contained in these Terms of Use. Please read the specific rules of the relevant contest to understand what restrictions or limitations may apply in your jurisdiction.
THIRD PARTY SITES
The Service may contain links to websites operated by third parties (“Third Party Sites”). For example, you can access our Facebook, Twitter and Instagram pages through links on the Service and share information with Third Party Sites through links on the Service; However, we do not own or operate the Third-Party Sites and we have not reviewed, and cannot review, all of the material, including goods and services, available through the Third-Party Sites. The presence of these links on the Service does not represent, warrant or imply our endorsement of any Third Party Sites or any materials, opinions, products or services available on them. Third party materials accessed through or used through Third Party Sites may also be protected by copyright and other intellectual property laws. THESE TERMS OF USE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE VIA LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE TERMS AND CONDITIONS AND PRIVACY POLICY OF THE THIRD PARTY SITE AND THE REGULATIONS, POLICIES AND PRACTICES OF SUCH THIRD PARTY SITES. YOU NEED TO INFORM YOURSELF ABOUT.
RULES GOVERNING USER CONTRIBUTIONS; PROHIBITED ACTIVITIES; SOCIAL MEDIA RULES
User Contributions . In connection with the VP Frame Fit™ service, you may submit comments and content to the Service, including uploading photos (collectively, “Contributions”). You are entirely responsible for the content of, and any harm resulting from, any Contributions you provide on or through the Service. When you create or make available a Contribution on or through the Service, you represent and warrant that:
You represent and warrant that: (i) you own or have sufficient rights to provide your Contributions on or through the Service;
(ii) will not provide Contributions that violate our or any other person's privacy rights, publicity rights, intellectual property rights (including but not limited to copyrights), or contract rights;
(iii) you have fully complied with any third-party licenses relating to the Contributions and will pay all royalties, fees, and any other amounts due in connection with any Contributions you provide on or through the Service;
(iv) will not provide Contributions that are: (a) defamatory, harmful, disruptive, unlawful, indecent, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious , filthy, threatening, excessively violent, harassing or otherwise objectionable; (b) promote, encourage or threaten direct physical harm to another, including, but not limited to, contributions that promote racism, bigotry, sexism, religious intolerance, or harm to any group or individual; or (c) contains material that solicits personal information from anyone under the age of 13 or exploits anyone in a sexual or violent manner;
(v) will not provide Contributions that contain advertising or solicitation of any person to buy or sell products or services; And
(vi) will not provide Contributions that constitute, contain, install, or attempt to install or introduce spyware, malware, or other computer code on our or others' computers or equipment designed to enable you or others to collect or monitor information about them. any online or other activities of another party.
- Prohibited Uses. In connection with your use of the Service, you agree that you will not: (i) You will not use the Service for any unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications without our express written consent, or unauthorized framing of or linking to the Service. ;
(ii) transmitting chain letters, bulk or unsolicited e-mail, or interfering with, disrupting, or unduly burdening the Service or the networks or services connected to the Service (including, without limitation, by hacking the Service or using the system to send e-mail) unsolicited or commercial emails, newsletters, comments or other communications;
(iii) impersonate another person or entity, sell or allow others to use your profile or password, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary rights of any person or entity;
(iv) otherwise use the Service to recruit any person for business, including, without limitation, by posting advertisements or solicitations for work or employment on the Service or by posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;
(v) post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement, or other business opportunity that requires advance or periodic payments, pays commissions, or requires the recruitment of other members, distributors, or sub-agents;
(vi) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense the Service or any portion thereof; or
(vii) You may not circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 10) or enforce limitations on the use of the Service or Materials in the Service. .
Social Media Guidelines. If you access or use any of our social media pages on Facebook, Pinterest, Twitter, Instagram or YouTube, we ask that you adhere to the following guidelines when adding content or comments to these social media pages:
Be Polite and Courteous. Excessive name-calling, profanity, combative remarks, discriminatory nicknames, sexual harassment, bullying, abusive language or similar behavior will not be tolerated.
Stay on Topic. Keep the conversation relevant to the community and contribute to the dialogue. We reserve the right to remove content that is off-topic, out of context, spam, promotional or links to third-party sites.
Be realistic. All posts must come from a real person. We will delete any posts from our social media pages that we believe come from fake or anonymous profiles.
Contact Us for Your Problems. We would like to hear about any complaints or concerns you have about the service before you share them on our social media pages, so we can help resolve them for you. If you are a customer and have a customer service comment, complaint, concern, or idea, we encourage you to call us at our toll-free number 535-237-3802 or email our customer service team at privacyinfo@ContactLens365.com. .
We reserve the right to remove content you post on our social media pages that violates these social media rules.
CONTRIBUTED RIGHTS
- Ownership of Contributions. We do not claim any ownership rights in the Service or any Contributions you post through the Service. Once you post your Contributions to the Service, you continue to retain any rights you may have in your Contributions, including intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant us below.
- Grant of License to Us for Contributions. By making a Contribution to the Service you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sub-licensable, worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate. Market and distribute the Contribution in connection with the Service, our business, or the promotion of the Service or our business in any media formats and through any media channels now known or later created.
OUR INTELLECTUAL PROPERTY RIGHTS. Except for your Contributions and Contributions of other users of the Service, all content on the Service (“Materials”) and the trademarks, service marks, and logos appearing on the Service, including ContactLens365®, are owned by or licensed to us and are governed by United States, foreign laws, and international conventions. copyright under It is subject to copyrights and other intellectual property rights. The Service and Materials are for your information and personal use only and not for commercial use. We reserve all rights in the Service and Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
OUR SERVICE MANAGEMENT
- Our Right to Manage the Service. We reserve the right, but not the obligation, to: (a) monitor or review the Service for violations of these Terms of Use and compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; (c) manage the Service in a manner designed to protect our rights and property and those of third parties or to facilitate the proper functioning of the Service; (d) screen our users or members or attempt to verify statements made by our users or members; (e) monitor disputes between you and other users or terminate or block you or other users for your violation of these Terms of Use; and/or (f) refuse, restrict access to or availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contributions or any portion thereof.
Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO REFUSE ACCESS TO AND USE OF THE SERVICE TO ANY PERSON, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, FOR ANY OR ANY REASON. INCLUDING, WITHOUT LIMITATION, ANY BREACH OF ANY REPRESENTATION, WARRANTY OR CONTRACT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
- Disclaimer of Warranties.
(i) EXCEPT FOR OUR WARRANTY OBLIGATIONS SET FORTH IN SECTION 5(D)(II), COMPANY DISCLAIMS ALL WARRANTIES TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICE AND ANY CONTENT, MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, THE PRODUCTS WE SELL, OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR OUR PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES. BREACH.
(ii) TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SERVICE CONTENT, THE CONTENT OF ANY SITES LINKED TO THE SERVICE, CONTRIBUTIONS, INFORMATION OR OTHER ITEMS OR MATERIALS ON OR BY THE SERVICE. N CONNECTED. WE ASSUME NO LIABILITY OR LIABILITY FOR ANY (A) ERRORS, ERRORS, OR INACCURACIES IN THE CONTENT OR MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (C) ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE. . UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, BY ANY THIRD PARTY. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PUBLISHED OR TRANSMITTED TO OR THROUGH THE SERVICE OR OTHERWISE MADE AVAILABLE.
(iii) YOU AGREE THAT ContactLens365 SHALL NOT BE LIABLE FOR ANY DELAYS, DELIVERY FAILURES, FAILURES OF PERFORMANCE, OR INTERRUPTIONS OF SERVICES RESULTING DIRECTLY OR INDIRECTLY FROM: (A) ACTS OF GOD, ACTS OF ANY GOVERNMENT AGENCY, ACTUAL DISASTERS. , ACTIONS WAR, riot OR TERRORISM, STRIKE OR LOCKOUT, UNAUTHORIZED NETWORK OR COMPUTER PERMISSION OR INTERNET OR COMPUTER RELATED VIRUSES, HACKER ATTACKS OR OTHER AGENTS INTRODUCED BY THIRD PARTIES, INTERNET FAILURE AND OTHER CONDITIONS BEYOND OUR CONTROL, (B) YOU ARE SOLELY RESPONSIBLE FOR ANY TECHNICAL REQUIREMENTS OR ( C) CAUSED SOLELY BY YOUR INTENTIONAL ACTS OR OMISSIONS.
LIMITED LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS ARISING FROM YOUR USE OF THE SERVICE, CONTRIBUTIONS, MATERIALS. . EVERYTHING ELSE HERE ANY CONTENT. LIABILITY TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT OR BREACH OF STATUTORY DUTY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE. $50 IN RAPE OR OTHER FORM IT WILL NOT EXCEED.
EXCLUSIONS OF DISCLAIMERS AND LIMITATIONS OF LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU ARE A RESIDENT OF ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 12(A) AND 12(B) MAY NOT APPLY TO YOU.
DIVISIBILITY; DISCLAIMER. If for any reason a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions, and no waiver shall be effective unless made in writing and signed by an authorized person. representative of the waiving party.
USA BASED SITE. The Service is controlled and operated by Company from its offices in the State of California. We make no representation that the Service or any Materials are available or appropriate for use in your location. Your use of or access to the Service should not be construed as Company's purposeful availment of the benefits or privilege of doing business in any state or jurisdiction.
LEGAL DISPUTES AND ARBITRATION AGREEMENT AND RIGHT TO EXIT
Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to Sue in Court
- Initial Dispute Resolution. You may contact us via email at infoinfo@ContactLens365.com to address any concerns you may have regarding your use of the Service. Most concerns can be resolved quickly this way. Each of you and the Company agree to use best efforts to resolve any dispute, claim, question or disagreement through direct consultation and good faith negotiations; This shall be a prerequisite to either party initiating a lawsuit or arbitration.
Binding Arbitration Agreement. If we do not reach an agreed-upon resolution within thirty (30) days from the date of informal dispute resolution pursuant to Section 15(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance, and breach thereof), the parties' dealings with each other, and/or your use of the Service shall be finally resolved by binding individual arbitration administered on a confidential basis. by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. Each party shall have the right, at its own expense, to use legal counsel in connection with the arbitration. The parties will select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use; including, but not limited to: Any claim that all or any part of these Terms of Use is invalid or voidable. The arbitrator shall have the authority to grant whatever relief would be available in court under law or equity. The arbitrator's award shall be in writing and shall contain the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act shall govern the interpretation and enforcement of these Terms of Use.
The JAMS rules governing the arbitration are available at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, we will pay any additional costs if the arbitration filing fee exceeds Two Hundred Fifty U.S. Dollars ($250.00). If we are required to pay the additional cost of filing fees, you must submit a request for payment of fees to JAMS along with your form to initiate arbitration; We will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs incurred in connection with the arbitration. If you do not prevail in arbitration, you will not be required to pay any fees and expenses incurred by the Company. will.
The parties understand that in the absence of this mandatory provision, they would have the right to sue in court and have a jury trial. They also understand that in some cases the costs of arbitration may exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and the Company further agree that any arbitration shall be conducted solely in your individual capacities and not as a class action or other representative proceeding, and you and the Company expressly waive any right to file a class action or seek relief. a class foundation. If any court or arbitrator decides that the class action waiver set forth in this paragraph is invalid or unenforceable for any reason or that the arbitration may proceed on a class basis, the arbitration provision set forth in Section 15(B) above will prevail. is completely null and void and the parties will be deemed to have not agreed to submit disputes to arbitration.
Exception - Small Claims Court Claims. Notwithstanding the parties' agreement to resolve all disputes by arbitration, either party may seek relief in small claims court for any disputes or claims within that court's jurisdiction.
30 Day Right to Opt Out. You have the right to opt out and opt out of the arbitration and class action waiver provisions set forth in Sections 15(B), 15(C), and 15(D) by providing written notice of your decision to opt out. To the following email: infoinfo@ContactLens365.com. Notice must be sent within thirty (30) days of signing up to use the Service; otherwise, you are responsible for arbitrating disputes in accordance with the terms of these sections. If you opt out of these arbitration provisions, we will not be bound by them either.
Special Venue for Case. To the extent that the arbitration provisions set forth in Section 15(B) do not apply, the parties agree that any litigation between them shall be brought exclusively in the state or federal courts located in San Francisco, CA (except for small claims court actions which may be brought in the county in which you reside). The parties expressly consent to exclusive jurisdiction in San Francisco, California, for all valid actions other than small claims court actions.
NOTICE TO NEW JERSEY USERS. Notwithstanding any of the terms set forth in these Terms of Use, if any of the provisions set forth in Sections 12 or 15 are deemed unenforceable, invalid or unenforceable under New Jersey law, such provisions will not apply to you, but the remainder of these Terms will apply to you. The use will remain binding on you and the Company. Additionally, for New Jersey residents, the limitation of liability does not apply where damages for attorneys' fees, court costs, or other damages are required by law. Notwithstanding anything else in these Terms of Use, nothing in these Terms of Use is intended to, and will not be construed as, limiting the rights available to you under the Consumer Fairness Agreement, Warranty and Notice Act.
NOTICE TO CALIFORNIA USERS. Pursuant to California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to privacyinfo@ContactLens365.com. Users may also contact us by writing to ContactLens365, 448 Ignacio Blvd, #332, Novato, CA 94949. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd. ., Suite N 112, Sacramento, CA 95834.
NO CHANGES WERE MADE BY OUR EMPLOYEES. If any of our employees proposes to change the terms of these Terms of Use, he or she is not acting as an agent for us or speaking on our behalf. You must not rely on, and should not act on, any statement or communication from our employees or anyone purporting to act on our behalf.
INDEPENDENT CONTRACTORS. Nothing contained in these Terms of Use will be construed as creating any type of agency, partnership, joint venture, employer-employee or franchisor-franchise relationship between us and any user.
ASSIGNMENT. We may transfer our rights under these Terms of Use without your consent.
CONTACT INFORMATION. If you have any questions about these Terms of Use, your account, or an order you placed through the Service, please call us at 535-237-3802 or email us at infoinfo@ContactLens365.com.
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