These Terms and Use and Privacy Policy (“Privacy Policy”)(collectively, “Terms”) are between you and Iramar Vision, LLC on behalf of itself and its affiliates (collectively, “Iramar Vision” or “us” or “we”) governing your use of the website, apps, related services (collectively, the “site”), and all data and content that is accessed, utilized, input, uploaded or generated by the foregoing. We only use and share your information as described in our Terms.

By accessing this site, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the site.

Generally

By using the site, you may purchase prescription or non-prescription glasses, contacts, and other eyewear and accessories (“Products”) as available. Users may also have the ability to upload photos, virtually browse frames, review content, submit questions and information, and, now or in the future, interact with other Iramar Vision customers and participate in any surveys, blogs or other services. The site and all material posted or otherwise available on the site or otherwise approved by Iramar Vision, including but not limited to all files, images, photography, graphics, artwork, text, and other information and material found on the site, regardless of source, all Marks (hereinafter defined), and all compilations and assembly of the foregoing, and other intellectual property relating thereto and all information and data collected through the site may be used for the sole and limited purposes set forth in the site and these Terms. You may view site content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms. Any other use of site content without Iramar Vision’s prior written approval is strictly prohibited.

No Professional Advice

All information supplied through the site or by any agent, whether by telephone, e-mail, letter, fax 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 this site is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your eye care 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.

Your Prescription Information

You must have a valid prescription to order contact lenses and/or glasses under applicable state and federal laws. It is your responsibility to have the proper prescription and Iramar Vision has no obligation to confirm the accuracy of any prescription information provided except as required by law. IramaVision will attempt to verify your contact lenses prescription. We accept no responsibility for our customers' lack of suitability or advisement not to wear contact lenses and/or glasses. We reserve the right not to supply contact lenses and/or glasses to you for any reason.

We follow the Fairness to Contact Lens Consumers Act (FCLCA) in verifying the validity of contact lens prescriptions before processing and shipping contact lenses. You may fax or email us a copy of your prescription with all the required information and we will use that prescription to verify the order. You give us permission to contact your doctor to verify any prescription.

Iramar Vision’s Proprietary Rights

Everything you see or read on the site, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the site and Products, and any necessary software or other technology used in connection with the site (“Software”) is owned by Iramar Vision or its licensors and used under license granted to Iramar Vision or by a third party, and protected by all applicable intellectual property and other laws, and may not be used except as provided in these Terms without Iramar Vision’s express written permission. All trademarks, brand names, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are proprietary to Iramar Vision or a third party. You may not use or display the Marks in any manner without the prior written consent of the applicable owner. This includes use of the site address or Marks in page text, as key words, meta tags or any other “hidden text” and all brand names of eyewear and contact lenses (to which Iramar Vision does not claim any ownership rights).

Reselling Products Prohibited

You are absolutely prohibited from reselling in any manner any Products you purchase from the site, whether you purchased the products through the site or by any other means.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods formed through the site or as a result of visits made by you are governed by our Returns and Exchanges Policy which also contain our terms of sale, hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services or features of the site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

Indemnity

You agree to indemnify, defend, release and hold Iramar Vision and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including fees of attorneys and other professionals, due to or arising out of your use of the site, content you upload or otherwise approve (including all pictures and comments), submission of Personally Identifiable Information and Medical Information, orders on the site, use of the Products, your connection to the site, your violation of these Terms, or your violation of any rights. In the event you provide registration, medical, order or other information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify Iramar Vision and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates for and hold it harmless from and against any and all liability, damages, loss or expense (including fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against Iramar Vision.

Modifications to the site and these Terms

From time to time Iramar Vision may change the site content, the products and services offered, disable certain features of the site or expand the site’s capability. Iramar Vision also reserves the right at any time and from time to time to modify these Terms, the site (or any part thereof), their functionality and capabilities and/or discontinue, temporarily or permanently, with or without notice. You are responsible for regularly reviewing these Terms. You agree that Iramar Vision shall not be liable to you or to any third party in any way. Also, we strive to provide accurate and up-to-date information on our site by describing offered products accurately, but the site and data about the Products may contain typographical mistakes, inaccuracies, pricing errors, discontinued items, or omissions, some of which may relate to availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update our information at any time without prior notice. We do not warrant that Product descriptions or other content of this website are accurate, complete, reliable, current or error-free. If a Product we offer is not as described, your sole remedy is to return it in unused condition in accordance with the Returns and Exchanges Policy.

Termination

Iramar Vision, in its sole discretion, may suspend or terminate your access, registration/membership or use for any reason, but especially if Iramar Vision believes that you have violated or acted inconsistently with the letter or spirit of these Terms and/or the law. Iramar Vision may suspend, terminate and/or bar further access to the site at any time without prior notice to you. Iramar Vision shall not be liable to you or any third party for any suspension or termination of your access to or use of the site.

Links

The site may contain links to other internet websites or resources. When you link to those websites, you leave the site. Iramar Vision has no control over such websites, their content and resources or the business practices or policies of operators of such websites. The privacy terms set forth in these Terms do not apply to the practices of any companies or individuals operating the linked website. Please use caution and review the privacy policies of any website that you visit to learn more about their information-gathering practices.


DISCLAIMERS AND LIMITATIONS OF LIABILITY

Iramar Vision disclaims all representations or warranties about the accuracy or completeness of the site or the Products.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SITE AND ANY PRODUCT IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IRAMAR VISION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE AND ANY PRODUCT.
  • IRAMAR VISION MAKES NO WARRANTY (i) THAT THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT CONTENT WILL BE AVAILABLE, OR CONTAINS ACCURATE OR RELIABLE INFORMATION, (iv) THAT THE PRODUCTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY CONTENT, THE SITE, PRODUCTS, INFORMATION, OR OTHER MATERIAL AVAILABLE TO YOU OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (vi) THAT PRODUCTS OR SERVICES WILL BE PROPERLY DELIVERED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IRAMAR VISION OR THROUGH OR FROM THE IRAMAR VISION SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR USE OF THE SITE. ALL CONTENT PROVIDE ONLY GENERAL INFORMATION AND GUIDELINES. IRAMAR VISION IS NOT ENGAGED IN RENDERING ANY MEDICAL, LEGAL OR OTHER PROFESSIONAL SERVICE. NONE OF THE INFORMATION OR CONTENT AVAILABLE CONSTITUTES A MEDICAL DEVICE OR APPLICATION AND SHOULD NOT BE USED TO DELIVER OR BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. SEEK THE ADVICE OF A QUALIFIED EYE CARE PROFESSIONAL WITH ANY QUESTIONS CONCERNING A MEDICAL CONDITION. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, METHODS, PROFESSIONALS, PRODUCTS, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED IN ANY CONTENT AVAILABLE ON THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IRAMAR VISION SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IRAMAR VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, IRAMAR VISION’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST IRAMAR VISION WITHIN ONE (1) MONTH OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

General Information

Although the site may be accessible worldwide, not all features, content, products or services discussed, referenced, provided or offered through or on the site are available to all persons or in all geographic locations, or are appropriate or available for use in your jurisdiction. Iramar Vision reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area in its sole discretion. Any offer for any feature, product or service made on the site is void where prohibited. These Terms and any other agreements, whether or not referenced herein, constitute the entire agreement between you and Iramar Vision with regard to and shall govern all purchases. Your activities and use of the site supersede any prior agreements between you and Iramar Vision. You also may be subject to additional terms and conditions contained in invoices, purchase orders, terms and conditions of purchase/sale, shipping manifests, bills of lading or terms and contracts that may apply when you use affiliate services, third party content or third party software. These Terms, your use of the site and any other agreement with and the relationship between you and Iramar Vision shall be governed by the laws of the State of Maryland without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. You and Iramar Vision agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the City of Baltimore, State of Maryland, regardless of the fact that the site is accessible outside the United States. Notwithstanding the foregoing, Iramar Vision may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of Iramar Vision 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. The section titles in the Terms are for convenience only and have no legal or contractual effect. The parties have expressly agreed that English shall be the official language governing these Terms.

Digital Millennium Copyright Act

If you believe that any content on the site infringes upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail) to contact page :

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


All other feedback, comments, requests for technical support and other communications relating to the site should be directed to: contact page.

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