WEB SITE USER AGREEMENT
This Web Site User Agreement (the "Agreement") between you and National Vision, Inc. ("NVI") d/b/a AMERICA'S BEST CONTACTS & EYEGLASSES, details the terms and conditions of your permitted use of this website and associated mobile applications ("Web Site"). The Web Site is designed as a shopping, and information resource. Your use of all, or any portion of, the Web Site, including but not limited to your downloading of information or ordering of any products from this Web Site, signifies your acknowledgement of the reasonableness of these terms, and your express agreement to be bound by these terms. If you choose to continue to use or access this Web Site after having the opportunity to read the Terms, you recognize that NVI has provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to be bound by any, or all, of these terms, you are instructed not to access or use the Web Site, as your usage will be conclusively presumed to represent your agreement to be bound by the following terms. THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You grant us the right to continue to send such emails until you specifically notify us that you wish to no longer receive emails from the Company.
MOBILE TERMS AND CONDITIONS
Effective Date: 03.20.2017
You may opt in to receive marketing notifications from America's Best through your mobile device. Text JOIN to 72210 to receive text messages. Message frequency may vary. Message and data rates may apply.
By opting in to this service, you consent to receive mobile text alerts at the phone number you provided. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
STOP Information
Text STOP to 72210 to stop receiving America's Best Notifications Text Alerts messages from America's Best (You will receive a confirmation text).
HELP Information
For additional information, text HELP to 72210 or contact 800-411-1162.
Supported carriers are:
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
We take your privacy seriously. Please visit our Privacy Policy for more information.
TRADEMARKS AND DOMAIN NAMES
The trademarks, logos, service marks, trade dress, and domain names (collectively, the "Trademarks and Domain Names") displayed on the Site are registered and unregistered Trademarks and Domain Names of National Vision, Inc. and its subsidiaries, as well as other companies. National Vision, Inc.'s Trademarks and Domain Names may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All trademarks and domain names not owned by National Vision, Inc. or its affiliates that appear on the Site are the property of their respective owners.
COPYRIGHT
The text, images, graphics, button icons, logos, audio and visual clips, and software (together, the "Content") of this Web Site is the property of NVI, its related entities, or its suppliers, and is specifically protected by copyright laws of the United States of America and International treaties. Your use of this Content is restricted to personal, non-commercial, purposes. Any reproduction, distribution, transmission, modification, publication, broadcast, or other exploitation of the Content, design, layout, or other individual elements of this Web Site without the express written consent of NVI is strictly prohibited and may constitute a violation of proprietary rights. You should be aware that NVI is very protective of its property. Requests for consent to otherwise-prohibited use of this Web Site are rarely granted; however, if you have a reasonable request, we will certainly consider it. This is not to say we will consent, but we will consider it. Remember, ask before you act -- as any of the above-described uses without our express written consent are strictly prohibited. To request such permission, or for more information, please contact us or send us an e-mail.
DISCLAIMER OF WARRANTY
THIS DISCLAIMER OF WARRANTY ("DISCLAIMER") APPLIES ONLY TO YOUR FREE USE OF THE WEB SITE.
THIS DISCLAIMER OF WARRANTY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM NVI.
THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT OF ANY NVI PRODUCT OR SERVICE, INCLUDING THE CONTENT OF ANY OFFER OR ADVERTISEMENT ON THE WEB SITE.
THE CONTENT OF THIS SITE IS PROVIDED BY NATIONAL VISION, INC. AS A SERVICE TO ITS CUSTOMERS. THE INFORMATION PROVIDED IN THIS SITE IS FOR INFORMATION PURPOSES. NVI IS NOT OFFERING THIS WEBSITE, IN WHOLE OR IN PART, FOR SALE TO YOU. THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEB SITE IS NOT A "GOOD" WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THIS WEBSITE IS PROVIDED FOR FREE. THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS MUST BE PRESENTED TO YOUR EYECARE PROFESSIONAL. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, BESTCONTACTS.COM DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. NATIONAL VISION, INC. AS WELL AS ALL OWNERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You agree that our sole obligation to you is to provide the Web Site as-is. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional willful misconduct or (b) a violation of a consumer protection statute in connection with the Web Site, we will not be liable to you or to any third party for your use of the Web Site.
LIMITATION ON LIABILITY
THIS LIMITATION ON LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS. YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain the Company's express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
OUR RIGHTS
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without 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. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
USE BY MINORS
This Web Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Web Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register on the Web Site. NVI reserves the right to terminate your membership in the event that NVI becomes aware you are under 18.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our products or services, including the Site. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. 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 Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein. If you would like to edit or delete a published submission, please email us.
APPLICABLE LAW
By visiting this website, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between the parties.
DISPUTES
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS DISPUTES SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS. Any dispute relating in any way to your visit to this website or to products you purchase through us shall be submitted to arbitration in the state of Georgia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state of federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts. You and we agree to waive our right to trial by jury. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. You agree that any dispute shall be exclusively submitted to arbitration by decision of the arbitrator in the state of Georgia, with all matters to be decided by the arbitrator, including the scope of arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. If for any reason the American Arbitration Association is unable or unwilling to hear the arbitration, you and we agree to binding arbitration before an arbitrator appointed by the court. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You and we agree to pursue any dispute individually and shall not bring or participate in any class or collective action, including, without limitation, class arbitration. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
SEVERANCE OF INVALID TERMS
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and 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 the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
GENERAL INFORMATION
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These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of this free Web Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Terms & Conditions - Contact Lens Sales
Please read the following Terms & Conditions carefully before submitting your order.
YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE WITH ALL OF THE FOLLOWING CONDITIONS:
- You must have a valid, current prescription for any contact lenses or prescription eyewear that you are ordering issued by a duly licensed eye-care professional located in the USA.
- You have not been advised by an eye care professional to stop or suspend wearing contact lenses for any medical reason. You will continue to have your eyes examined regularly by a licensed eye care professional.
- You will restrict your contact lens wearing schedule to the recommended wearing schedule established by your eye-care professional, and you will not exceed this recommended wearing schedule as this can lead to serious eye-health complications.
- You understand that you must take proper care of your contact lenses as directed by your eye care professional. Before using your contact lenses, you agree to carefully review all instructions and information provided by your eye care professional and/or by the contact lens manufacturer.
- You should never share your contact lenses with anyone. Contact lenses are classified as prescription medical devices by the FDA. Sharing can also lead to serious eye health complications and can spread infectious diseases.
- If you are having any unexplained eye discomfort, watering, vision change or redness, you will immediately remove your lenses and consult your eye care professional before wearing your lenses again.
- Health Insurance Portability and Accountability Act of 1996 (HIPAA). You grant us permission to share your contact lens prescription information and/or address information with Manufacturers and Distributors for the express purpose of completing your order. You also grant us permission to verify the information you have provided with your eye doctor and authorize your eye doctor to release that information to us. We will NEVER release any private information about you to anyone outside our company for any purposes other than as provided under HIPAA or as otherwise stated above.
- You agree that we may contact you by email or telephone in accordance with the policies outlined in our Privacy Policy.
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