Privacy and Electronic Communications
The Company will not sell your account information, including without limitation your name, address, telephone number, insurance information, and prescription information, ("Account Information") to any party. From time to time, the Company will provide Account Information to third parties in order to fulfill your order or to deliver goods to you. In addition, the Company may send Account Information to you by electronic communications, U.S. mail, or common carrier. You hereby consent to such use and transmission of Account Information. When you visit the Site, send communications to the company by e-mail or via the Site, or ask to receive communications from the Company by e-mail or via the Site, you are communicating with the Company electronically, and, therefore, you consent to receive electronic communications from the Company electronically. You further agree that any such communications, including without limitation all agreements, disclosures, notices, or other communications, that Company provides to you electronically or posts on the Site, will satisfy any legal requirement that such communications be in writing. Although securing Account Information stored electronically is important to the Company, you agree that no computer security is foolproof. You, therefore, expressly agree that the Company may store Account Information electronically and agree to bear the risks of such storage.
Copyrights and Trademarks
The Site, including all images, text, and other material on the Site, is protected by the copyright laws of the United States and other jurisdictions. You may print a copy of any part of the Site for your personal, non-commercial use, but you may not copy any part of the Site for any other purpose, and you may not modify any part of the Site for any reason. Inclusion of any part of the Site in another work, whether in printed, electronic, or other form, or inclusion of any part of the Site in another website by linking, framing, or otherwise, is prohibited. The "Tortoise & Blonde" name and logo, the "One Today. Another Tomorrow" name and logo, and the "&" name and logo, are trademarks, registered trademarks, or trade dress (as the case may be) of the Company, and as such may not be used without the Company's express, written permission. All materials contained on the Site, including text, images, logos and/or other material (collectively the "Content"), and all intellectual property rights thereto, including without limitation copyrights, trademarks, service marks, trade names, and trade dress, are owned by Company. You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the Content, except for your personal, non-commercial use, absent the prior written approval of the Company. These rights are valid and protected in all forms, media, and technologies now existing or hereafter developed.
Account and Access
It is your responsibility to maintain the confidentiality of your account, password, and other information required or used to access your account on the Site, and to restrict access to your computer. You accept responsibility for all activities that occur using your account or password. The Company does not sell products or services to, or for, those under the age of 18. You may not use the Site if you are under 18, regardless of whether you have the permission of a parent or guardian. You may not use the Site to purchase products or services for anyone under the age of 18, regardless of whether you are the parent or guardian for the intended recipient or have the permission of a parent or guardian. The Company, in its sole discretion, reserves the right to refuse service at any time to anyone for any reason; to terminate or delete accounts at any time for any reason; to edit, move, or remove any Content at any time for any reason; and to cancel orders at any time for any reason. If your order is cancelled, you will not be charged. If your account has been terminated, you are prohibited from using the Site.
Terms of Sale
Neither party shall have any obligation until the Company has accepted your order. Sale and delivery of any item on the Site is contingent upon its availability. You may not resell any items you purchase via the Site. You agree to pay the specified price upon placing an order. After 30 days from the date of purchase, any unpaid amounts shall accrue interest at the rate of the lesser of 2% per month or the maximum amount permitted by law. In addition, the Company shall have the right to pursue any remedies available to it, including without limitation collection of attorneys' fees and other related costs. Because credit-card payments are subject to authorization by the credit-card issuer, if authorization is declined, for any reason, the Company will not be held liable for non-delivery of any ordered goods.
Price and Tax
Final prices exclude applicable sales tax. To the extent sales tax applies to your purchase, you are responsible for payment of such sales tax.
Before or at the time of sale, you must provide the Company with your prescription. This prescription must be provided to you by a licensed optometrist or ophthalmologist, after an eye-sight test, within the past two years. The prescription you provide to the Company will be the prescription used to create the lenses. The Company will not be liable for the results of any incorrect prescription you provide. If you are unsure of your prescription, or have questions about your prescription, consult a licensed optometrist or ophthalmologist. Although unlikely, it is possible that the Company may provide to you lenses that do not conform to your prescription. In that event, your sole remedy will be to return the lenses for refund or replacement, at the Company's sole discretion.
Unless you specify a pupillary distance ("PD"), the Company will use an average PD to create your lenses. This PD has been provided to the Company by a qualified eye-care professional. You agree to allow the Company to use an average PD of 63 millimeters for bifocal and single-vision-distance lenses, or a PD of 60 millimeters for single-vision reading lessons. However, the Company strongly recommends that you obtain a PD from your optician, ophthalmologist, or optometrist and provide the Company with that number. If you are unable to obtain your PD by the above methods, please submit the image from the Site's "Virtual Try-On" feature to allow the Company to measure your PD for you. However, the Company will not be liable for differences between physical, in-person measurements performed by a licensed professional and those obtained by this feature.
Delivery and Risk of Loss
Because all items purchased from the Company are purchased pursuant to a shipment contract, the risk of loss and of carriers or suppliers, compliance with any governmental requirement, or any other cause or factor beyond the Company's reasonable control. If, for any reason, without written authorization from the Company, you do not accept delivery of any goods, the Company may charge you an additional fee to cover reasonable additional costs, including without limitation insurance, delivery, storage, or other charges, incurred as a result of such non-acceptance.
Title for such items passes to you upon the Company's delivery of such items to the carrier. The Company shall not be responsible for any delay resulting from acts of God, fire, flood, war, riot, embargo, organized labor stoppage, earthquake, acts of civil and military authorities, delays.
Inspection of Goods
Upon delivery, you must immediately inspect the goods delivered. If the goods are damaged or missing, you must refrain from using the goods and contact the Company immediately for return or replacement, at the Company's sole discretion. Each delivery will contain confirmation of the prescription. At the time of delivery, you must confirm that the prescription contained in the delivery matches the prescription you provided to the Company at the time of sale. If the prescriptions do not match, you must refrain from using the goods and contact the Company immediately for return or replacement, at the Company's sole discretion.
Although the Company has attempted to ensure all information, including without limitation product descriptions, depictions, images, and likenesses, on the Site are as accurate possible, this information is for illustration purposes only, and the Company does not warrant that such information is reliable, accurate, complete, current, or error-free. Your sole remedy, if a product is not as described, is to return it to the Company for refund or replacement, at the Company's sole discretion.
Liability and Warranty Disclaimer
The content on the Site is provided "as is." The Company does not represent that the Content or information on the Site, including without limitation any communications sent to you, will be error-free, timely, or free of viruses or other harmful elements, or that defects will be corrected. The Company makes no representations, express or implied, concerning the timeliness, accuracy, or completeness of any of the Content, or any information on any third-party website that may be accessed by a link from the Site.
THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE SITE.
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES.
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM ANY PRODUCT YOU PURCHASE FROM THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Company is not responsible for any action, or failure to act, in reliance upon any Content, or in reliance upon any information on any third-party website that may be accessed by a link from the Site.
Company expressly disclaims any liability for any action, or failure to take action, in reliance on any of the Content. Your sole remedy for any dissatisfaction with any of the Content is to refrain from using the Site.
To the extent that limits on liability are prohibited or limited by applicable law, the Company's liability shall be the minimum allowable by that law. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, limitations, and exclusions may not apply to you, and you may have additional rights.
Links to Other Sites
The Site may include links to other Internet websites that are beyond the control of Company. The Company is not responsible for the content of any such websites, makes no representations regarding any such websites, cannot guarantee the data-privacy practices of such websites, and does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such websites. You acknowledge and agree that your following of any links to other websites, your use of such websites, and your use of any information, material, products, or services offered by such websites, is solely at your own risk.
Transfer and Assignment