LensExpo.com is pleased to supply replacement contact
lenses to its customers under the following conditions:
1. Acceptance of Terms.
By accessing or using the LensExpo.com website, you agree to be bound by the terms and conditions listed in this User Agreement (“Agreement”). If you do not wish to be bound by this Agreement, you may not access or use the LensExpo.com website. LensExpo.com may modify this Agreement at any time, and such modification shall be effective immediately upon posting of the modified agreement or upon notice given to you by LensExpo.com. You agree to review this Agreement periodically to ensure that you are aware of any changes. Your continued access or use of this web site shall constitute sufficient notice to you of the changes and shall further be deemed your acceptance of the modified agreement.
2. Buyer’s Obligations.
By completing the LensExpo.com online order form, or by completing a telephone order or return/exchange with our Customer Service Department, you have contracted with LensExpo.com to supply you with selected replacement lenses in accordance with your stated specifications. You further agree to: make timely payment by the method stated in your order; accept shipment of the selected product(s); and, accept responsibility for all other charges pertaining thereto.
Your order will be restricted to contact lenses that you are already successfully wearing under the direction of an eye-care or medical professional. All customers who order replacement contact lenses through LensExpo.com must have received prior clearance and/or approval by an eye-care or medical professional to wear contact lenses. Customers who have been advised to stop wearing contact lenses by an optometrist, ophthalmologist or other eye-care or medical professional should not purchase replacement lenses unless or until they again receive medical clearance.
LENSEXPO.COM RELIES EXCLUSIVELY ON ITS CUSTOMERS TO PROVIDE THEIR MOST RECENT CONTACT LENS PRESCRIPTION AND SPECIFICATIONS, AS PROVIDED TO THEM BY AN OPTICIAN, OPTOMETRIST, OPHTHALMOLOGIST OR OTHER EYE-CARE OR MEDICAL PROFESSIONAL, WHEN PLACING AN ORDER. YOU MUST PROVIDE A CURRENT, UNEXPIRED PRESCRIPTION WHEN PLACING ON ORDER VIA OUR ONLINE ORDER FORM OR DURING THE PROCESSING OF A TELEPHONE ORDER. YOUR PRESCRIPTION INFORMATION SHOULD BE CURRENT WITHIN 12 MONTHS PRIOR TO THE DATE WHEN THE ORDER IS PLACED.
THIRD-PARTY PURCHASERS (I.E. OPTOMETRISTS, RESELLERS, ETC.) INTENDING TO BUY PRODUCT FROM LENSEXPO.COM MUST COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING THOSE RELAVENT TO THE PURCHASE AND RE-SALE OF PRESCRIPTION ITEMS SUCH AS CONTACT LENSES. THIRD PARTY PURCHASERS WHO BUY PRODUCT FROM THE LENSEXPO.COM FOR RE-SALE OR PUBLIC DISTRIBUTION ASSUME FULL RESPONSIBILITY FOR THOSE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY LIABILITY THAT ARISES AS A RESULT OF SAID RE-SALE OR DISTRIBUTION. LENSEXPO.COM ASSUMES NO LIABILITY FOR THE ACTS OF ANY THIRD-PARTY PURCHASER THAT ARE IN VIOLATION OF APPLICABLE LAW.
3. Refusal of Service.
LensExpo.com reserves the right not to supply contact lenses to you for any reason, including but not limited to the following: it is the opinion of LensExpo.com that the selected lenses are not in accordance with the specifications provided by your optician, optometrist, ophthalmologist, or other eye-care or medical professional; or, LensExpo.com decides, in its discretion, that the lenses you selected may otherwise put your eyes, eye-sight or general health at risk. LensExpo.com reserves the right to refuse service to any Third-Party Purchaser at any time in its sole discretion
4. Delivery.
Most products ship within 1-2 business days. In the event an order shipped by regular mail is not received within 10 days from the date the order is placed, please contact our Customer Service Department. LensExpo.com assumes no liability for products not delivered beyond that provided by applicable law or regulation.
5. Copyrights/Trademarks.
All the content included on the LensExpo.com website, including all the text, graphics, layout and display available on this web site ("Content"), is the property of LensExpo.com or its content suppliers and protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all Content available on the LensExpo.com website is the exclusive property of LensExpo.com and protected by U.S. and international copyright laws. All the Content available on the LensExpo.com website may only be used by you for your personal shopping and as an information resource. You are permitted to make copies of selected portions of the Content, provided that such copies are made only for your personal use and only if you maintain any proprietary notices contained in such Content. Any other use, including but not limited to, the reproduction, modification, distribution, transmission, republication, display or performance of the Content for any other purposes is strictly prohibited.
LensExpo.com and other graphics, logos, product and service names used on the LensExpo.com website are the trademarks of LensExpo.com or our third-party vendors. LensExpo.com trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits LensExpo.com. All other brands and names (including third-party product names) are the property of their respective owners.
6. Medical Disclaimer.
To the extent LensExpo.com provides medical information as content for its website, said content will not contain all relevant medical information currently available to the public. Any material or content provided on the LensExpo.com website is for information purposes only. The content provided is not intended for diagnosis and cannot provide a diagnosis for any particular individual and should not be used as a substitute for seeking professional medical advice, diagnosis, treatment, or care. All specific medical questions you have about your medical condition, treatment, care, or diagnosis should be presented to your personal eye-care and/or medical professional. Never disregard medical advice or delay in seeking it because of something you may have read on the LensExpo.com website. We strongly recommend that you have your eyes examined regularly. Also, always follow your eye-care and/or medical professional’s instructions for the proper use, wearing schedule, and care of your contact lenses. IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT, PAIN, WATERING, VISION CHANGE OR REDNESS, REMOVE YOUR CONTACT LENSES IMMEDIATELY AND CONSULT YOUR EYE-CARE AND/OR MEDICAL PROFESSIONAL BEFORE WEARING THEM AGAIN.
7. Warranty Disclaimers.
EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, LENSEXPO.COM DOES NOT ENDORSE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, INFORMATION, TREATMENT, OR METHOD FOUND ON THE LENSEXPO.COM WEBSITE.
THE PRODUCTS, SERVICES AND INFORMATION CONTAINED IN THE LENSEXPO.COM WEBSITE ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, LENSEXPO.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONSULTANTS DISCLAIM AND/OR EXCLUDE ALL EXPRESSED OR IMPLIED WARRANTIES WITH RESPECT TO ANY PRODUCT, SERVICE OR INFORMATION CONTAINED IN THE LENSEXPO.COM WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE LENSEXPO.COM WEBSITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES AND USERS. FOR ANY SUCH CONTENT, LENSEXPO.COM IS A THIRD-PARTY DISTRIBUTOR AND NOT A PUBLISHER. AS LENSEXPO.COM WIELDS LITTLE IF ANY EDITORIAL CONTROL OVER SUCH CONTENT, ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR PROVIDED BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OR DIRECT DISTRIBUTORS OF SUCH CONTENT AND NOT OF LENSEXPO.COM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. NO EXPRESSED OR IMPLIED WARRANTIES ARE MADE AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF INFORMATION OR CONTENT PUBLISHED BY LENSEXPO.COM. ADDITIONALLY, LENSEXPO.COM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS TO THE EXTENT ANY SUCH CONTENT IS FOUND ON THE LENSEXPO.COM WEBSITE.
LENSEXPO.COM DOES NOT WARRANT THAT PRODUCTS, SERVICES OR INFORMATION CONTAINED IN THE LENSEXPO.COM WEBSITE WILL SATISFY YOUR REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR.
BY YOUR USE OF THE LENSEXPO.COM WEBSITE, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR OWN RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH YOUR USE OF THE LENSEXPO.COM WEBSITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE LENSEXPO.COM WEBSITE.
8. Limitations of Liability.
WHEN USING THE LENSEXPO.COM WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM, WHICH IS BEYOND THE CONTROL OF LENSEXPO.COM AND ITS SUPPLIERS. ACCORDINGLY, LENSEXPO.COM ASSUMES NO LIABILITY FOR IN RELATION TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE LENSEXPO.COM WEBSITE.
AS PARTIAL CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE LENSEXPO.COM WEBSITE, YOU AGREE THAT:
(1) UNDER NO CIRCUMSTANCES WILL LENSEXPO.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LENSEXPO.COM WEBSITE, ANY SITE LINKED TO THE LENSEXPO.COM WEBSITE OR ANY CONTENT AVAILABLE ON THE LENSEXPO.COM WEBSITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION YOU MAKE OR ACTION OR NON-ACTION YOU TAKE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE LENSEXPO.COM WEBSITE;
(2) THE AGGREGATE LIABILITY OF LENSEXPO.COM OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS YOU BUY FROM LENSEXPO.COM IN THE RELEVANT TRANSACTION; AND,
(3) LENSEXPO.COM SHALL NOT IN ANY CASE BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE LENSEXPO.COM WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF LENSEXPO.COM HAS BEEN OTHERWISE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Governing Law.
This Agreement constitutes the entire agreement between you and LensExpo.com and it governs your use of the LensExpo.com website. The relationship between you and LensExpo.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and LensExpo.com agree to submit to the personal and exclusive jurisdiction of the federal or state courts of competent jurisdiction located within Miami-Dade County, Florida, for any claim or dispute with the Company or any of its directors, officers, agents, employees or affiliates. You further agree to waive any jurisdictional, venue or inconvenient forum objections to the aforementioned Florida courts. The failure of LensExpo.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, and this Agreement will inure to the benefit of LensExpo.com’s successors, assigns and licensees. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall 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 the use of the LensExpo.com website or this Agreement must be filed within (1) one year after such claim or cause of action or be forever barred. The section titles in the User Agreement are for convenience only and have no legal or contractual effect. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. LensExpo.com may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved. Additional or different terms and conditions may apply when you use affiliated websites, third- party content or third-party software.