TERMS AND CONDITIONS OF USE AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Throughout this Agreement the terms “I,” “us,” “we,” or “our” refers to FrontRowEyewear.com, the owners and operators of this website. The term “you” refers to you – the user or viewer of our website.
YOUR ACCOUNT OBLIGATIONS
All rules, policies (including privacy policies) and operating procedures of Third-party Merchants will apply to you while on any such Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
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. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
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 our 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.
You are hereby granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with the terms of this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided your maintain all copyright and other policies contained therein.
VALID PRESCRIPTION REQUIRED
You hereby certify that you have a valid prescription for the eyeglasses that you are ordering. You represent and warrant the information provided in placing an order on the Site is valid and true and matches exactly your prescription as provided by your eye care provider. You further certify that you will renew your prescription in strict accordance with your eye care provider’s suggested regimen. You understand that we will not fulfill your order unless you have a valid prescription. You hereby consent to our contacting your eye care provider, or providing a copy of your original prescription to us, if necessary, to verify your prescription information and any other necessary information.
COLOR AND PRODUCT DESCRIPTION
We have made every effort to display as accurately as possible the colors of our products appearing on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
If a product offered by the Site is not as described, your sole remedy is to return it in unused condition within 30 days of purchase for a full refund of your purchase price.
Deliveries will be made as soon as possible to the address on your order and are "best effort" based. Subject to delays outside our control, the overall delivery period will not exceed 30 days. All items purchased from us (or any of our affiliates and subsidiaries) are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the customer upon our delivery to the carrier. Title and risk of loss for items transfer to the recipient/customer upon delivery to the common carrier.
NO RISK RETURN POLICY
Our 100% Satisfaction Guarantee means that you can trust FrontRowEyewear.com to deliver high quality, brand name eyeglasses to you at affordable prices. Our no-risk return policy means that you can order glasses, try them on, and, if you’re not satisfied, return them, together with the complimentary accessories shipped to you, within thirty (30) days of the date of purchase. If you would like to return your eyeglasses, simply email our professional Customer Care representatives at firstname.lastname@example.org for a return authorization number.
We are currently unable to accept returns of eyeglasses if the eyeglasses or their complimentary accessories are not in their original merchantable condition, or if the eyeglasses or their complimentary accessories are returned more than 30 days after the date of purchase. FrontRowEyewear.com offers a 1 year warranty on manufacturer defects on frames and lenses. For all warranty issues please contact our Customer Care representatives at email@example.com for further instructions. In the case of defective lenses, please contact us immediately. If lenses are deemed by the manufacturer to be defective, we will issue you a refund.
When you are fitted for eyeglasses by your Eye Care Practitioner, they should provide you with a paper copy of your prescription. Keep in mind that spectacle and contact lens prescriptions can be different, so you should ensure that you are ordering the parameters for your spectacles and not for your contact lenses.
PROVISION OF SERVICES
We reserve the right to refuse to sell products or provide services to any customer. The presence of the Site, eyewear articles (articles) and services for sale does not imply any requirement on the part of FrontRowEyewear.com to sell articles or provide services to customers. We can decide, at our sole discretion, at any time, for any reason, not to sell articles or provide services to any customer and we are not required to supply you with a reason for doing so. By using this website, you expressly agree to abide by our decision to refuse to supply articles or provide services to you and to forfeit any rights or claims you may have to require us to supply articles or provide services to you.
RESTRICTIONS ON USE OF MATERIALS
No material from or any website owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. You do not acquire ownership rights to any content, document or other materials viewed through the Site. Some of the content on the site is the copyrighted work of third parties. Modification of the materials or use of the materials for any other purpose is a violation of our trademarks, copyrights, patents, and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names, regarding the Site, are proprietary to FrontRowEyewear.com.
Unless otherwise specified, the materials in the site are presented solely for the purpose of selling our products in Canada and the United States and its territories, possessions, and protectorates. We make no representation that materials on the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The terms herein are effective until terminated by FrontRowEyewear.com.
DISCLAIMER RELATING TO GOODS
At FrontRowEyewear.com we offer a wide selection of some of the best brand names and highest quality goods. We proudly stand behind the authenticity of our goods. Occasionally, these goods were not obtained directly from the manufacturers but rather have been purchased from reputable resellers. This, in turn, allows us to bring as wide a selection as possible to you. In this regard, FrontRowEyewear.com expressly disclaims any indication that it is an authorized dealer or agent of any of the designers whose goods are offered on this site. All other trademarks, service marks, product names, company names and logos appearing on FrontRowEyewear.com are the property of their respective owners.
We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content (a "Claim") shall be governed by the internal laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the Province of Ontario, Canada and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, compilations, magnetic translation, digital conversion and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
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. We will communicate with you by e-mail or by posting notices on this site. 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. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the Choice and Opt-out section.
We take the security of your information very seriously. Our e commerce system uses the latest SSL (Secure Sockets Layer) technology - the industry standard for encryption technology. It is used to create a secure transaction environment for commerce on the Internet. If your browser and local network support the use of encrypted data transmissions, our Secure Checkout mode locks all information (i.e.: your credit card number) passed from you to us in an encrypted envelope, making it extremely difficult to be intercepted by an unauthorized party. SSL technology is compatible with Netscape, Internet Explorer, AOL, Web TV and most other browsers. It is the same level of encryption technology that NASA and the CIA use. This ensures that your credit card information remains totally secure. Its about as secure as using your local bank machine.
We provide you the opportunity to "opt-out" of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any special offer emails from us, you may opt-out at anytime by following the unsubscribe link located at the bottom of each email communication. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter. We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can email us at firstname.lastname@example.org.
THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
LIMITATION OF LIABILITY
WE AND ANY AFFILIATED PARTY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY,CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (a) THE USE OF OR INABILITY TO USE THE SITE, (b) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF A COVERED PARTY, (c) 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; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (f) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND PROVINCES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
This Agreement constitutes the only and entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. However, you 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 and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 and Conditions of Use remain in full force and effect.