Last modified: November 24, 2015
Your use of the web site owned, operated and maintained by Contact Lens King Inc. ("Company") and located at www.contactlensking.com (the "Site") and your use of the software application and content hosting service offered by Company (the "Service"), including any and all related products and services available through or accessible from the Site, shall be governed by the policies, terms and conditions hereinafter set forth (these "Terms and Conditions").
This Site is offered and available to users who are 18 years of age or older, and who may be residing in the United States or any of its territories or possessions. By using the Service and/or the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service or the Site.
Orders placed on the Site by United States residents require prescription verification as stipulated by the Fairness to Contact lens Consumer Act. If you choose to have Company contact your eye doctor for prescription verification you understand that Company will have to allow him/her a minimum of 8 business hours to respond to such request. If the eye doctor does not respond within this prescribed period Company is legally permitted to proceed with the processing and release of your order using the lens measurements that you input at the time of the placement of your online order. Having read the preceding, you warrant that you shall be solely responsible for the accuracy of the measurements that you input online and that Company shall not be liable for any errors made by you while reading or entering in your prescription online or transmitting it by phone or fax to Company’s customer service personnel. Alternatively, faxing or emailing your prescription to Company will ensure the immediate processing of your order as verification will have been completed upon the receipt of your valid contact lens prescription.
As a condition of your use of the Service and/or the Site, you also hereby represent and warrant that you will not use the Service or the Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. You further confirm that you agree and warrant that the use of the Service may lead to the purchase of replacement contact lenses for which you possess a valid, and non-expired, contact lens prescription issued by a licensed eye doctor located in your territory, province, state or country of residence. Additionally, you warrant that you have worn your prescribed contact lenses successfully and without incident before. If you do not agree with any of these Terms and Conditions and/or the preamble related thereto, you are not authorized to use the Service or the Site.
Changes to these Terms and Conditions
Company may revise and update these Terms and Conditions at any time in Company’s sole discretion. All changes are effective immediately when the Company posts them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time when you access this Site so you are aware of any changes, as they are binding on you.
The Site may contain links to other web sites, web pages, services and resources that are operated by parties other than Company. Any reference to or description within the Site of third parties, products, services or publications shall not be deemed an endorsement of such third parties, products, services or publications. Company is not responsible for the contents or availability of any such other site and does not endorse and is not responsible in any way for any content, advertising, products, services or other materials on or available at, from or through such other sites. You agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising, products, services or other materials on or available at, from or through any such other site.
Accessing the Site and Account Security
Company reserves the right to withdraw or amend the Site, and any service or material Company provides on the Site, in Company’s sole discretion without notice. Company will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Company may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
(1) Making all arrangements necessary for you to have access to the Site.
(2) Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of Company/Site security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this the Site or portions of it using your user name, password or other security information. You agree to notify Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Company reserves the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in Company’s sole discretion for any or no reason, including if, in Company’s opinion, you have violated any provision of these Terms and Conditions.
Authorized Use of Material
The contents of all material made available in connection with the Service or on the Site are copyrighted by Company, unless otherwise indicated, and all rights are reserved. Without limiting the foregoing, these Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, reverse engineer, store or transmit any of the material on the Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If Company provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Company’s end user license agreement for such applications.
- If Company provides social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
- You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site other than as clearly authorized by Company.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at Company’s option, return or destroy any copies of the materials you have made.
Company's name and other graphics, logos, and service names used on this web site by the Company are the trademarks of Company. Company's trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits Company. All other brands, names (including third-party product names), logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, opportunities to provide reviews and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms and Conditions.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant Company and its affiliates and service providers, and each of its and their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Company and its affiliates and service providers, and each of its and their respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms and Conditions.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Monitoring and Enforcement; Termination
The Company has the right to:
- Remove or refuse to post any User Contributions for any or no reason in Company’s sole discretion.
- Take any action with respect to any User Contribution that Company deems necessary or appropriate in Company’s sole discretion, including if Company believes that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Site. WITHOUT LIMITING ANY OTHER WAIVERS, RELEASES AND INDEMNIFICATION OBLIGATIONS IN THESE TERMS AND CONDITIONS, YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, Company does not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section of these Terms and Conditions.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Company takes claims of copyright infringement seriously. Company will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to Company’s Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow Company to locate that material.
- Adequate information by which Company can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Mr. Neal Slifkin
c/o Harris Beach PLLC
99 Gamsey Road
Pittsford, NY 14534
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is Company’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Disclaimer of Warranties
YOUR USE OF THE SERVICE AND THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND THAT THE SERVICE, AND THE INFORMATION, SOFTWARE, DOCUMENTS, SERVICES, PRODUCTS, TEXT, GRAPHICS, LOGOS, LINKS OR OTHER ITEMS AND MATERIALS INCLUDED IN OR AVAILABLE AT, FROM OR THROUGH COMPANY OR THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THE SERVICE AND ALL SUCH MATERIALS MAY BE MODIFIED, AMENDED, REVISED, UPDATED OR CHANGED BY COMPANY AT ANY TIME. COMPANY RESERVES THE RIGHT TO MODIFY, AMEND, REVISE, UPDATE OR CHANGE THE SERVICE AND THE INFORMATION AND MATERIALS CONTAINED IN THE SITE FROM TIME TO TIME, BUT IT IS UNDER NO OBLIGATION TO DO SO.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE OR THE SITE WILL MEET YOUR EXPECTATIONS. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY INACCURACIES, TYPOGRAPHICAL ERRORS, OUTDATED INFORMATION OR OMISSIONS CONTAINED IN THE SITE, OR ANY CONTENT CONTAINED IN THE SITE THAT YOU MIGHT FIND OFFENSIVE OR OTHERWISE OBJECTIONABLE.
Except as expressly and unambiguously stated otherwise, Company does not endorse, operate, control, or assume responsibility for any product, brand, method, treatment, information, or services on the Site in any way.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. Company does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ANY SUBSIDIARY, AFFILIATE, OFFICER, MANAGER, MEMBER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS (WHETHER DIRECT OR INDIRECT DAMAGES) AND ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR RECORDS) ARISING OUT OF OR RELATED TO YOUR USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, UNLESS SUCH DAMAGES ARE ATTRIBUTABLE TO COMPANY'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to defend, indemnify and hold Company, its subsidiaries, affiliates, managers, officers, directors, members, agents, employees and representatives harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys' fees and other professionals' fees, incurred by Company or any of them in connection with a third party claim, action or demand due to, arising out of, related to or otherwise attributable to your use of the Service or the Site, including, without limitation, your use of any third party information or content in connection with your use of the Service or the Site, or your violation of these Terms and Conditions.
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of New York. Under no circumstances shall the laws of any other state be applied, even where such a result would be indicated by choice of law rules. By using the Service and the Site, you hereby irrevocably consent to the personal and exclusive jurisdiction and venue of federal and state courts in the State of New York regarding any and all disputes relating to these Terms and Conditions or your use of the Service or the Site.
All purchases through the Site or other transactions for the sale of goods through the Site or as a result of visits made by you are also governed by the terms of sale, delivery and shipping policies and return policies (collectively, “Terms of Sale”, which are hereby incorporated into these Terms and Conditions and may be accessed on the Site through the Site Map or through links provided in the navigation panes.)