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Your privacy is important to us. This policy is intended to help you understand what information we collect about you, why we collect it, what rights you have, and how to exercise those rights. On this page, for each item in our Privacy Policy, you will find a title, a summary, and a full statement describing our privacy practices.
Last updated: 5/9/2025
This Policy describes how 10/10 Optics, including all direct and indirect subsidiaries (collectively “Practice,” “we,” “our,” or “us”), collect, use, disclose, and safeguard your personal information.
This Policy applies to individuals who access this website and any other websites that link to this Policy (collectively “Sites”). This Policy governs your use of our Sites.
From time to time, we may change this Policy. If we do, we will post an amended version on this webpage. Please review this Policy periodically.
You may submit a request to exercise rights you may have under applicable state law by emailing privacy@teamvisionteam.com.
This Privacy Policy covers the following topics:
1. THE INFORMATION WE COLLECT
2. HOW DO WE USE YOUR INFORMATION
3. SHARING INFORMATION WITH THIRD PARTIES
4. COOKIES AND OTHER TRACKING TECHNOLOGIES
5. DIGITAL ADVERTISING & ANALYTICS / INTEREST-BASED ADS
6. THIRD-PARTY LINKS & PLUG-INS
7. YOUR STATE PRIVACY RIGHTS
8. YOUR CHOICES
9. CHILDREN’S PRIVACY
10. UPDATING YOUR INFORMATION
11. SECURITY
12. DO NOT TRACK SIGNALS
13. TRACKING ACROSS TIME AND TECHNOLOGIES DISCLOSURE
14. CONSUMERS WITH DISABILITIES
15. CONTACT
1. THE INFORMATION WE COLLECT
For the purpose of this Policy, personal information is any information about an identifiable individual.
We collect the following types of personal information:
Information You Provide
When using our Sites or our services, you may provide us with your personal information through a variety of methods, including the following:
Information as You Navigate Our Sites
We automatically collect certain personal information through your use of the Sites, such as the following:
Third Party Information
In some cases, we may receive certain personal information from you about a third party. For example, when you refer a friend, you will provide the email address of a third party. If you submit any personal information about another individual to us, you are responsible for making sure you have the authority to do so and to allow us to use their personal information in accordance with this Policy.
2. HOW DO WE USE YOUR INFORMATION
We may use the personal information we collect to improve our Sites and to protect our legal rights. In addition, we may use the personal information we collect to:
3. SHARING INFORMATION WITH THIRD PARTIES
We may share the personal information that we collect about you in the following ways:
4. COOKIES AND OTHER TRACKING TECHNOLOGIES
We use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”) when you visit our websites including our blogs and client portals (“Sites”), and use the services provided through our Sites (“Services”). This Cookie Policy explains how we use Cookies and how you can manage them. Please review the Privacy Policy featured on our Sites to learn more about our privacy practices.
This Cookie Policy covers the following topics:
COOKIES AND ONLINE TRACKING TECHNOLOGIES WE USE
“Cookies” are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).
We may use the following types of Cookies:
Strictly Necessary Cookies
These Cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these Cookies, but some parts of the Sites will not then work. These Cookies do not store any personal information.
Performance Cookies
These Cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Sites. They help us to know which pages are the most and least popular and see how visitors move around the Sites. If you do not allow these Cookies we will not know when you have visited our Sites and will not be able to monitor its performance. We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Sites and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here. We may use Cookies and similar technologies third-party vendors provide to collect information on user behavior (e.g., screens and pages visited, buttons and links clicked, limited information entered, and user taps and mouse movements). This information enables us to monitor and improve the user experience.
Functional Cookies
These Cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these Cookies, then some or all of the Services may not function properly.
Targeting Cookies
These Cookies may be set through our Sites by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. If you do not allow these Cookies, you will experience less targeted advertising.
Social Media Cookies
These Cookies are set by a range of social media services that we have added to the Sites to enable you to share our content with your friends and networks. They are capable of tracking your browser across other websites and building a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these Cookies, you may not be able to use or see these sharing tools.
HOW YOU CAN MANAGE COOKIES
Your Preferences
When you first visit our Sites, you may be presented with a banner that offers you choices about whether to accept or reject Cookies or tracking technologies of different types.
Browser Settings
Cookies can be blocked by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Sites.
You can find out more about Cookies and how to manage them by visiting www.AllAboutCookies.org
Platform Controls
You can opt out of Cookies set by specific entities following the instructions found at these links:
Advertising Industry Resources
You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.
Please note that these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.
5. DIGITAL ADVERTISING & ANALYTICS/INTEREST-BASED ADS
We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on the Sites and non-affiliated sites. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Sites and other sites or apps over time, including information about relationships among different browsers and devices (“Interest-based Advertising”).
You may choose whether to receive some Interest-based Advertising by submitting opt outs. Some Advertising Providers may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps.
Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and the opt-out options for their members, see http://www.networkadvertising.org/choices. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you Interest-based Advertising will do so as well, though we cannot guarantee their compliance. We are not responsible for the effectiveness of, or compliance with, any third parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
Advertising Providers may use data collected in connection with our advertising campaigns for the following purposes:
We may also work with service providers that collect data about your use of the Sites and other sites or apps over time for non-advertising purposes subject to their privacy policies. We use analytics providers such as Google Analytics to gather and analyze aggregated anonymous user information. For more information about Google Analytics, please visit https://policies.google.com/technologies/partner-sites. You can opt out of Google’s collection and processing of data generated by your use of the Sites by going to http://tools.google.com/dlpage/gaoptout.
We use web analytics tools to enhance user experience by optimizing the efficiency, design, and quality of the Sites. Our analytics tools use cookies and similar technologies to collect and analyze information related to user behavioral metrics on the Sites, such as mouse movements, clicks, user inputs, scrolling, access time, visit duration, pages viewed, IP address (including approximate location), operating system, and page reloading. These tools provide insight into what works and what doesn’t work for users of the Sites and they allow us to, for example, identify and repair technical errors such as broken links that impair the Sites’ functionality. The web analytics tools also help us reconstruct the user experience to better understand, for example, where users may be encountering frustration or impediments to using the Sites.
We use a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. This session replay software may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), anonymized IP address, location (city/country), language, and similar metadata.
This software does not collect information on pages where it is not installed, nor does it track or collect information outside your web browser.
We use this web-based analytics software because it gives us a tool to track the online behavior of visitors while on the Sites and lets us replay visitors’ actions. This tool gives us the opportunity to make the Sites better and, in turn, provide you with an enhanced online experience as well. Thanks to this tool, we are able to gain insight on how you and other visitors use the Sites; for example, whether you can easily locate a particular page on the Site or whether it takes multiple clicks to get to that page. Information about these small choices and interactions are of paramount value to us, as they can easily make your experience better and more intuitive and, more importantly, allow us to provide you with a more seamless, customer-friendly e-shopping experience while on the Sites.
We may use pixel tags (also known as web beacons and clear GIFs) to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the services and response rates. Our Advertising Providers may use pixel tags to collect information for the purposes described above.
6. THIRD-PARTY LINKS & PLUG-INS
The Sites may provide links to third-party websites or apps, including our social media pages. We do not control the privacy practices of those websites or apps, and they are not covered by this Policy. You should review the privacy policies of other websites or apps that you use to learn about their data practices.
The Sites may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share information or you otherwise interact with social media features on the Sites, those social media companies may collect information about you and may use and share such information in accordance with their own policies, including by sharing such information with us or the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to read the privacy policies for any social media accounts you create and use.
7. YOUR STATE PRIVACY RIGHTS
Depending on the state in which you reside, you may have certain privacy rights regarding your personal information. Please review the sections below if you are a California, Nevada, or Virginia resident. For other state residents, your privacy rights may include (if applicable):
We use cookies and other tracking technologies to display advertisements about our products to you on nonaffiliated websites, applications, and online services. This is “targeted advertising” under applicable privacy laws. When we engage in those activities, we sell personal information (i.e., information from cookies) to third-party advertisers and analytics companies. We may transfer your personal information (e.g., name, email address, and year of birth) to joint marketing partners. Under applicable privacy laws this may be considered a “sale” of personal information to third parties. We do not use personal information for profiling in furtherance of decisions that produce legal or similarly significant effects concerning individuals.
To exercise your rights, please submit a request by emailing us at privacy@teamvisionteam.com.
If legally required, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the individual on whose behalf you are making such request. To do so, we will ask you to verify data points based on information we have in our records. If you are submitting a request on behalf of another individual, please use the same contact methods described above. If we refuse to take action regarding your request, you may appeal our decision by emailing us at privacy@teamvisionteam.com.
Universal Opt-Out Mechanisms
The Sites do not recognize the Global Privacy Control (“GPC”) signal.
8. YOUR CHOICES
To opt out of our email marketing or to unsubscribe from our email newsletters, you can contact our customer service department using the information in the “CONTACT” section below, or you can use the link provided at the bottom of each marketing message or newsletter. If you choose to opt out, you will continue to receive all email communications related to our transactions with you.
If you would like to update your mailing information or want your name and address removed from our direct mailing list, you can contact us using the information in the “CONTACT” section below.
You can control the tools on your mobile devices. For example, you can turn on and off the GPS locator or push notification on your phone. Please consult your mobile device’s user guide for instructions on clearing cookies, enabling and disabling location services, and disabling push notifications.
9. CHILDREN’S PRIVACY
We understand the importance of protecting children’s privacy, especially in an online environment. Our Sites are not intentionally designed for or directed at children less than 16 years of age. We do not knowingly collect personal information from children under the age of 16 without the consent of the child’s parent or guardian. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any personal information relating to children that we have collected, we will take steps to securely remove it from our systems.
10. UPDATING YOUR INFORMATION
You may request to view, update, or correct your personal information by contacting our privacy office at the information provided in the “CONTACT” section below. In order to protect your privacy, we will take steps to verify your identity before granting you access to the information or enabling you to make corrections.
11. SECURITY
We maintain reasonable and appropriate safeguards to help protect your personal information from loss and from unauthorized acquisition. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security.
12. DO NOT TRACK SIGNALS
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third-party information.
13. TRACKING ACROSS TIME AND TECHNOLOGIES DISCLOSURE
Some information about your use of the service and certain third-party services may be collected by us or by third parties using tracking technologies across time and services and used by us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the service and certain third-party services.
14. CONSUMERS WITH DISABILITIES
We are committed to ensuring this Policy is accessible to individuals with disabilities. To request this Policy in an alternative format, please reach out to us at the Contact information provided below.
15. CONTACT
If you have questions or wish to contact us about this Policy, please direct inquiries to:
Caleb Clark
TeamVision
Email: privacy@teamvisionteam.com
EFFECTIVE AS OF JUNE 5th, 2024
IMPORTANT – These TOU together with our terms of sale and other policies (“Additional Policies”) are a legal agreement (“Agreement”) between you (“You”, or “you”) and 10/10 Optics, a subsidiary of Luxottica of America Inc., its parents, subsidiaries, affiliates, representatives, officers, and directors (collectively, “Luxottica”, “us”, “we”, or “our”), as owner of www.1010optics.com (the “Website”), and govern your use of the Website. The Website is managed by TeamVision, a subsidiary of EssilorLuxottica group.
BY ACCEPTING THIS AGREEMENT, YOU CONSENT TO A CLASS ACTION WAIVER. Please read this TOU carefully before using the Website and any online services software or apps (collectively “Services”) provided by Luxottica that post a link to this TOU. By using or continuing to use our Services, You agree to be bound by and accept the TOU in effect at the time of such use. Your use of our Services is expressly conditioned upon your agreement to these TOU.
Luxottica may make changes to these TOU, from time to time, in its sole discretion, by updating this posting on our Website without notice to you. Your continued use of our website following the posting of a new version of the TOU constitutes your acceptance of any such changes. Accordingly, whenever you visit our Website, check to see if a new version has been posted.
1. LICENSE GRANT. The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Luxottica, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Luxottica, our licensors or certain other third parties, and is protected by US and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Luxottica owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. Luxottica hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Services solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Services in any manner not expressly permitted herein. In addition, this license does not include any use of data mining, robots, or similar data gathering and extraction tools nor any attempt to violate or any violation of the Website’s security or attempt to interfere or any interference with the Website’s ability to work properly.
2. USER REPRESENTATIONS. In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or 16 years or older and have your parent or guardian’s consent to the Agreement. The Website is not intended for children under the age of 16 and no person under the age of 16 may use the Website. If you use the Website, you are confirming that you are at least 16 years old. This Website is directed at users in U.S. only (and ships product to U.S only).
3. PROPRIETARY RIGHTS. This TOU provides only a limited license to You to access and use the Services. Accordingly, You expressly acknowledge and agree that Luxottica transfers no ownership or Intellectual Property interest or title in and to the Services to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by Luxottica. P, the Advanced Family Eye Care logo(s), and all other names, logos, and icons identifying Advanced Family Eye Care and its products and services are proprietary trademarks of Luxottica and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Services may be the trademarks and/or service marks of their respective owners
4. CONTENT
a. Content submitted by You. From time to time We may make available on this Services bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities that offer the opportunity to post, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services. In such instances, We welcome your comments on our Services. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Luxottica (“User-Generated Content”) must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Generated Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Generated Content, You grant Luxottica a non-exclusive, unrestricted, unconditional, unlimited, cost-free, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, sell, re-sell, modify, alter, publish, publicly display, publicly perform, record, post, translate, transmit, broadcast, disclose, distribute, make derivative works of, and otherwise use the User-Generated Content, such that Luxottica shall be and is entitled to use such User-Generated Content for any type of use and exploit in any manner whatsoever, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. You irrevocably waive and agree not to assert (and warrant that all individuals featured have waived and agreed not to assert) any moral rights in connection with the User-Generated Content. You expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Generated Content. By submitting any User-Generated Content to us, You represent and warrant that You are at least the age of majority in the jurisdiction in which you reside and are the parents or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that as to User-Generated Content you hold all necessary right, title and license to such User-Generated Content and that your submission of such materials to the Services does not and will not violate or infringe the rights of any third-parties or cause any harm to any person, including but not limited to intellectual property or privacy rights.
b. Non-confidentiality of content submitted by You. Except as otherwise described in any applicable Additional Policies you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Luxottica does not assume any obligation of any kind to you or any third-party with respect to your User-Generated Content. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable additional terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your User-Generated Content is submitted at your own risk.
5. INFORMATION ABOUT THE WEBSITE AND THE GOODS
a. We try to make sure that all information on the Services, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Services as soon as reasonably possible and if We think that such an error has affected your order We will make reasonable efforts to notify You via the contact information You provided to us on your account or during your order.
b. Buying goods over the internet provides a different shopping experience from buying in-store. In particular, please be aware that: (i) the colors of goods as shown on the Services will depend on many factors – including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) pictures and images on the Services are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all goods are subject to availability and We may not be able to supply your order; (v) We will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); (vi) not all goods and promotions that are offered on the Services will be available in-store, and vice versa. We reserve the right to adjust prices, goods and special offers at our discretion and (vii) virtual model may distort or otherwise not provide an accurate representation of the product and its color(s), textures, size as well as your face and facial features and the fit of the glasses.
c. If at any time you have any questions or concerns, please contact us via email at privacy@teamvisionteam.com.
6. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGMENT. If you are a copyright owner who would like to send us a notice to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement, you may submit such notice to us by contacting us here: OnlineIPenforcement@luxottica.com.
Copyright Complaints
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please notify us and provide the following information:
Our agent for notice claims of copyright infringement on the Website can be reached as follows:
TEAMVISION
Legal Department
4000 Luxottica Place
Mason, Ohio 45040
Email: OnlineIPenforcement@luxottica.com.
7. CREATING AN ACCOUNT. If You register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us by email at privacy@teamvisionteam.com of any unauthorized use of Your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. We may suspend or close an account for fraudulent condition and/or violations of these TOU. You will not sell, transfer, or assign your account or any account rights. In addition, accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
8. RESTRICTIONS You agree not to modify, distribute, disclose or create works wholly or partially based on the Services. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Services, or in any case reproduce, copy, use or provide the Services, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Services is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.
9.PRIVACY POLICY. Please review Luxottica’s Privacy Policy for this Website found on our Websitefor a description of Luxottica’s personally identifiable information (“PII”) collection and use practices. By using the Service and visiting the Website, you also acknowledge, agree and consent to our PI collection and use practices as described in our Privacy Policy. Consent to contact – emails: By including your email in any submission, you are extending an express invitation to Luxottica to be contacted by e-mail. We may send you emails about promotions, products and important updates. For any service, you represent that all of the information you have provided in your submission is true and complete.
10. AVAILABILITY AND CONTINUITY OF SERVICE. You acknowledge and accept that Luxottica reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend, terminate, or eliminate the Services, (ii) disable any access to the Services, and/or (iii) restrict, suspend, or terminate your account for any reason.
11. LINKS TO OTHER SITES. We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”). Our Services may facilitate access to other sites or on-line social media networks or pages for your convenience. These Third- Party Services have not necessarily been reviewed by Luxottica and are maintained by third parties over which Luxottica exercises no control. This may include the ability to register or sign into our Services third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services. Accordingly, Luxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these Third-Party Services. Moreover, inclusion of any links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
12. WARRANTY DISCLAIMER. AS PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY LUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT, AND DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND “WITH ALL FAULTS” BASIS. SOME LAWS MAY NOT PERMIT CERTAIN DISCLAIMERS SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
13. HEALTH DISCLAIMER. ANY GENERAL HEALTH INFORMATION ON THIS WEBSITE IS ONLY INTENDED TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR HEALTHCARE PROVIDER. IT IS NOT INTENDED FOR DIAGNOSIS OR AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE. ALL SPECIFIC MEDICAL QUESTIONS SHOULD BE DIRECTED TO A PROFESSIONAL HEALTHCARE PROVIDER
14. LIMITATION OF LIABILITY. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXOTTICA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, SERVICES, OR USER-GENERATED-CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO LUXOTTICA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
15. INDEMNITY As permitted by applicable law, by using this application, You agree to defend, indemnify and hold harmless Luxottica and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Services; (ii) any User-Generated Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Services.
16. ENFORCEMENT You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Luxottica, such injury would not be quantifiable in monetary damages, and Luxottica would not have an adequate remedy at law. You therefore agree that Luxottica shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
17. TERM AND TERMINATION. This TOU will take effect at the time You begin using the Services. This TOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing all use of the Services. Sections 3, 4, 7, 8, 9, 10, 11, 12, 14, 15, and this sentence of this Section 16, will survive the termination of this TOU for any reason.
18. WAIVER & SEVERABILITY Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
19. DISPUTE RESOLUTION: PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
THIS SECTION LIMITS THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION.
You and Luxottica agree that, except where prohibited by applicable law, each of us may bring claims that relate to or arise from your use of or access to our website, any products or services sold, offered, or purchased through our Services, or communications (including calls, texts, or emails) that relate to or arise from your use of or access to our website only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq., the Illinois Biometric Privacy Act, 740 ILCS § 14/1 et seq., the Texas Capture or Use of Biometric Identifier Act, Bus. & Com. § 503.001 et seq., and other federal and state telemarketing and privacy laws. If a court decides that this prohibition of class and representative actions and non-individualized relief is invalid or unenforceable, then the remainder of the Agreement will continue to apply.
20. APPLICABLE LAW & VENUE
a. The law applicable to the interpretation and construction of this Agreement and any transaction using or related to the website shall be applicable federal laws and the laws of the State of Ohio, USA, without regard to principles of conflict of laws. You agree that all matters relating your access to or use of the website, including all disputes will be governed by the laws of the United States and by the laws of the State of Ohio.
b. Any action relating to use of this website or any transaction must be brought in the state or federal courts serving Warren County, Ohio, for any lawsuit or court proceedings permitted under this Agreement. You consent and submit to the personal jurisdiction of such courts for the purposes of any such actions. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
21. INDEPENDENT PARTY You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Luxottica as a result of this TOU or your utilization of the Services.
22. ENTIRE AGREEMENT. This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Services represent the entire agreement between You and Luxottica with respect to use of the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Luxottica with respect to the Services.
23. NO ASSIGNMENTS. You may not assign or transfer any rights under this Agreement without the prior written consent of Luxottica.
24. Updates to Terms. Luxottica may make changes to these TOU, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the TOU constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
25. HEADINGS Headings are for convenience only.
//End Terms of Use//
Please read these terms and conditions of sale (“terms of sale”) carefully. These terms of sale apply to you, the user of www.seeadvanced.com (the “Services”) and the purchaser of goods (“you”), and your purchase of any products from Luxottica of America Inc. (“Luxottica,” “we” or “us”), through the Services. These terms are subject to change without prior written notice at any time, in Luxottica’s sole discretion. By placing an order for products through the site, you agree to be bound by and accept the terms of sale in effect at the time of such order. All sales are expressly conditioned upon your agreement to these terms of sale, as well as our terms of use, returns policy, warranty policy and privacy policy (“Additional Policies”).
1. PURCHASING GOODS
a. Placing your Order
i. Once You have selected the goods which You would like, You will be asked to register your personal details with us by completing a registration form. Registration is not required; however We encourage registration in order to facilitate the checkout process during future orders on the Services.
ii. By placing an order with us, You represent and warrant that You are legally capable of signing binding agreements.
iii. When You place an order for goods via the Services, your order constitutes an offer to purchase goods from us. Where You order more than one item, your order comprises a series of offers for each item individually.
iv. After placing an order with us, you will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which you have submitted to the Services. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations.
v. By placing an order with us, you represent and warrant that you are legally capable of signing binding agreements
b. Order Acceptance
i. Although we hope to be able to supply all goods ordered, we reserve the right, at our sole discretion, not to accept any offer. Should we reject your order, we will notify you as soon as reasonably possible (and, if payment has occurred, we would refund your payment).
ii. If you submit an order for prescription eyeglasses, you represent that you are not registered blind or partially sighted and accept that you will be required to submit details of a prescription from a suitably qualified person obtained within the last 24 months and, when requested, any other detail of your current prescription (including any notes on the prescription). Your order will be subject to receipt and verification of such prescription. You consent to us contacting your optician to verify your prescription. If considered necessary or appropriate before an order is accepted, we have absolute discretion: (a) to contact directly, or request that you contact, the optician who provided your prescription to verify and/or discuss your prescription; (b) to request that you obtain your pupillary distance measurement from your optician; or (c) request that you obtain a new written prescription from your optician.
c. Payment
i. We will take payment from your credit card, gift card, Paypal account and other future forms of payment available at the time your order is shipped. You will receive an email or post mail detailing what items have shipped from your order (the “Invoice Email”). If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time.
ii. Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Services at the time you place your order. Applicable taxes and the delivery fee will be added at the time you place your order, but will not affect the base price of the goods.
d. Shipping and Delivery
i. After we send you your Order Confirmation e-mail, we will send you a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that you may use to track your order on our delivery service provider’s website and obtain an estimated delivery date.
ii. The goods will be delivered by a delivery service provider to the delivery address specified by you during the order process. Once the goods have been delivered to the address you provided, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction.
Please allow up to 3 business days for your order to process before it ships and 2 more days for delivery. We do our best to ensure timely deliveries, but please note that shipments can occasionally be delayed due to major holidays or unforeseen circumstances. Tracking numbers will be provided for all orders.
2. CANCELLING AN ORDER AND RETURNING OR EXCHANGING GOODS
a. You may cancel your order within one hour from its placement.
b. Items returned for refund or exchange must be returned to us the same way we sent them to you – in the same condition and with all original contents. If we receive returned items in a condition that doesn’t meet our return requirements, we will decline the return. Should you submit a non-compliant return, you authorize us to charge you for the full amount of the non-compliant return using your original payment method and/or to reverse any refunds previously issued. Returns must be shipped back within 30 days of receiving your items. Refunds will be issued after the returned product is received. We do not take title to returned or exchanged items until the item arrives at our fulfillment center. Please see our Returns and Exchange policy on our website for more information about returning or exchanging the goods.
c. We explicitly reserve the right to reject any order and/or cancel any purchase at any time, subject to any applicable refund, and/or refuse a return: (i) the goods are not available/not in stock; (ii) the data you provide to us in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems; (iv) we have reason to believe that your purchase is intended for a further commercial activity; (v) there has been an error in the indicated price of the goods; (vi) we have reason to believe that you are under the age of majority in your jurisdiction of residence and do not have parental consent; or (vii) we cannot deliver the goods to the address you have provided.
3. GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
a. Limitation of Liability. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXOTTICA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, OR ANY GOODS PURCHASED FROM THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR GOODS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION [1]WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
b. Warranties. AS PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY: (I) THIS WEBSITE AND ALL GOODS PURCHASED BY YOU THROUGH THE WEBISTE ARE PROVIDED ON AN “AS-IS” BASIS; AND (II) LUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
c. Events Beyond Our Reasonable Control (Force Majeure). We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, pandemics, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.
d. Waiver. Delay in our exercising or our failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
e. Invalidity. In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and you will still be bound by them.
f. Privacy. Personally identifiable information that you provide to us during the order process will be used in accordance with our Privacy Policy.
g. Transfer. Luxottica may assign, transfer, or subcontract any of our rights or obligations under these Terms of Sale to any third party at our discretion.
h. Governing Law. As detailed above in s. 18 & 19 of the Terms of Use.
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