USER ACCOUNTS AND REGISTRATION
A.User Registration. You can visit and browse the service without becoming a registered user of the service, but you will not be able to place an order, view an order, track an order, save your favorites, save your recently viewed items, save your prescription information, or save your try on photo, unless you are a registered user of the service. you can sign up to become a registered user of the service by completing the registration process at https://www.eyecedar.com/login. if you sign up to become a registered user of the service, you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the service’s registration form (the “registration data”); (ii) to maintain and promptly update the registration data to keep it true, accurate, current and complete; and (iii) that you will comply with the rules governing contributions in section 8(a) below.
B.User Accounts. If you become a registered user of the service, you will be required to create a user i.d. that will be associated with your user account. you may only create one user i.d. that will be associated with your user account. you may not: (i) select or use as a user i.d. a name of another person with the intent to impersonate that person; (ii) use as a user i.d. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user i.d. a name that is otherwise offensive, vulgar or obscene. we reserve the right to refuse registration of, or to cancel, a user i.d., in our sole discretion. you will be responsible for maintaining the confidentiality of your user i.d. and password. the company shall not be liable for any loss that you incur as a result of someone else using your user i.d. or password, either with or without your knowledge. you may be held liable for any losses incurred by the company due to any unauthorized use of your user i.d. or password.
TERMS OF SALE
A.Placing an Order Through the Service.
(i)Order Information. In order to place an order through the service, you must provide us with applicable order information. this order information includes (a) your full name and correct and complete address and shipping information, (b) your phone number, (c) payment information (credit card number, expiry and code numbers), (d) your frame selection, (e) your lens type, tints, and coatings, (f) your pupillary distance (pd) and (g) your applicable prescription (rx) information. IF YOUR PRESCRIPTION HAS EXPIRED OR IS MORE THAN TWO YEARS OLD, WE RECOMMEND THAT YOU CONFIRM IT WITH YOUR DOCTOR OR EYE CARE PROVIDER PRIOR TO SUBMITTING AN ORDER. Your order information is saved in your user account for future use.
(ii)24 Hour Hold Period; Changes to Your Order. After placing an order, you will have twenty-four (24) hours to revise and update the order information you have provided. following this twenty-four (24) hour period, you will not be able to revise or update your order information, and we are not responsible for any data entry errors that you made when submitting your order information.
orders are usually shipped 2 days from date of the order, 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 unforeseeable events. therefore timing of delivery, receipt of the order by you and other timing expectations might be delayed or impaired and orders can take longer than expected. we do not guarantee a specific delivery date.
(i)30 Day Return. You will have thirty (30) days from the date of delivery of your order to return items included in the applicable order.
(ii)Manufacturing and Other Defects. If you feel there is a manufacturing error, return the glasses for inspection within the 30-day warranty period. if our inspection shows the glasses were made incorrectly, we will remake them for you at no charge. defects in the anti-reflective (ar) coating and photochromic films are warrantied for one (1) year from the date of receipt. we are not responsible for damage caused by customer wear and tear.
RULES GOVERNING USER CONTRIBUTIONS; PROHIBITED ACTIVITIES; SOCIAL MEDIA GUIDELINES.
A.User Contributions. You may be able to submit comments and content to the service, including uploading photographs in connection. you are entirely responsible for the content of, and any harm resulting from, any contributions that 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:
(i)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 without limitation copyrights) or contract rights;
(iii)have fully complied with any third-party licenses relating to contributions and shall pay all royalties, fees and any other monies required to be paid in connection with contributions that you provide on or through the service;
(iv)will not provide contributions that: (a) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (b) incite, encourage or threaten immediate physical harm against another, including but not limited to, contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (c) contain 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 advertisements or solicit any person to buy or sell products or services;
(vi)will not provide contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
B.Prohibited Uses. You agree that in connection with your use of the service, you will not:
(i)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, or engaging in unauthorized framing of, or linking to, the service without our express written consent;
(ii)transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the service or the networks or services connected to the service, including without limitation, hacking into the service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
(iii)impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(iv)post advertisements or solicitations for jobs or employment on the service, or otherwise use the service to hire any person to perform work, including, without limitation, 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 which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-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)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 use of the service or the materials on the service.
C. Social Media Guidelines. If you access or use any of our social media pages on facebook, pinterest, twitter, instagram or youtube, we ask you to follow the following guidelines when contributing content or comments to these social media pages:
(i)Be Polite and Courteous. Excessive name calling, profanity, fighting words, discriminatory epithets, sexual harassment, bullying, gruesome language or the like, will not be tolerated.
(ii)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.
(iii)Keep It Real. All l postings should come from a real person. we will delete any postings from our social media pages that we believe have come from fake or anonymous profiles.
(iv) Contact Us with Your Concerns. We would like to hear about your complaints or concerns regarding the service before you share them on our social media pages so that 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 give us a call at our toll-free number or email our customer service team.
We reserve the right to remove content you post on our social media pages that violates these social media guidelines.
WARRANTY DISCLAIMER; LIMITATION ON LIABILITY
A.Disclaimer of Warranties.
(i)except for our warranty obligations set forth in section 5(d)(ii), to the extent permitted by applicable law, the company hereby disclaims all warranties. the service and all 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, 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 noninfringement.
(ii)to the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the service’s content, the content of any site linked to the service, contributions, information or any other items or materials on the service or linked to by the service. we assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (c) any 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, which may be transmitted to or through the service by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the service.
(iii)you agree that EYECEDAR shall not be responsible for any delay, failure to deliver, failure in performance or interruption of service, resulting directly or indirectly: (a) from acts of god, acts of any governmental agency, natural disasters, acts of war, insurrection or terrorism, strikes or lockouts, unauthorized network or computer intrusion, or internet- or computer-related viruses, hacker attacks or other agents introduced by a third party, failure of the internet and other conditions beyond our control, (b) solely from any technical requirement for which you are responsible, or (c) solely from your intentional acts or omissions.
C.Exceptions To Disclaimers And Liability Limitations. Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. if you reside in one of these states or jurisdictions, the limitations or exclusions in sections 12(a) and 12(b) may not apply to you.