Section
1 -- Express Warranties:
Subscriber hereby acknowledges and agrees that I-See Optical (including
officers, employees, agents, directors and independent contractors of
I-See Optical) has not made or granted to Subscriber any express warranties
concerning the EyeGlassLenses.com domain or any products and services
offered through the EyeGlassLenses.com Domain. Subscriber hereby acknowledges
that the EyeGlassLenses.com domain does not constitute grant of an express
warranty concerning any products and services offered through the EyeGlassLenses.com
domain and Subscriber hereby waives any and all claims of warranty based
on the EyeGlassLenses.com domain.
Section 2 -- WARRANTY LIMITATION: The EyeGlassLenses.com
domain is provided "as is" without warranty of any kind. I-See
Optical, to the fullest extent permitted by law, HEREBY DISCLAIMS AND
SUBSCRIBER HEREBY WAIVES ALL WARRANTIES BY I-See Optical, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranties
of non-infringement of third party rights IN CONNECTION WITH THE EyeGlassLenses.com
domain AND PRODUCTS AND SERVICES OFFERED THROUGH THE EyeGlassLenses.com
domain. I-See Optical does not warrant and SUBSCRIBER hereby waives any
warranty that use of or access to the EyeGlassLenses.com domain by Subscriber
will be uninterrupted or error free. I-See Optical does not make any warranty
and subscriber hereby waives any and all warranties as to the results
obtained from use of the EyeGlassLenses.com domain or as to the accuracy,
completeness, timeliness or reliability of the EyeGlassLenses.com domain.
Subscriber hereby acknowledges and agrees that use of the Internet and
EyeGlassLenses.com domain shall be at the sole and exclusive risk of Subscriber
and subject to the restrictions, terms and conditions, rules, regulations,
policies, applicable laws and codes of conduct governing the Internet
and the EyeGlassLenses.com domain.
Section 3 -- Inaccuracies: Subscriber hereby
acknowledges that the EyeGlassLenses.com domain may contain errors, inaccuracies
and omissions. Subscriber shall assume any and all risk of loss, harm
or damage associated with Subscriber access to and use of the EyeGlassLenses.com
domain.
Section 4 -- Limitation of Liability: I-See
Optical shall not be liable for any lost profits or consequential, exemplary,
incidental or punitive damages (including, without limitation, in connection
with (i) use, performance or operation of the EyeGlassLenses.com domain;
(ii) use, performance or operation of the Internet or use of the Internet
by Subscriber; (iii) loss of data; AND (IV) PRODUCTS AND SERVICES OFFERED
THROUGH THE EyeGlassLenses.com domain), regardless of the form of action,
whether in contract or in tort, including negligence, AND regardless of
whether I-See Optical has been advised of the possibility of such damages
in advance or whether such damages are reasonably foreseeable.
Section 5 -- Limitation of Damages: the
sole remedy of subscriber for any reason and for any cause of action whatsoever
in connection with this agreement, the EyeGlassLenses.com Domain, and products and
services offered through the EyeGlassLenses.com domain, regardless of
the form of action, whether in contract or in tort, including negligence,
shall be modification of the EyeGlassLenses.com domain, as determined
by I-See Optical.
Section 6 -- Indemnification: Subscriber
shall release, defend, indemnify and hold harmless I-See Optical (including
its officers, directors, employees, affiliates, contractors and agents)
from and against any expense, loss, cost or liability (including, without
limitation, attorney fees and paralegal fees) arising from any and all
claims, demands, damages or actions resulting from or related to (i) use
by Subscriber of the Internet, EyeGlassLenses.com domain or products or
services offered through the EyeGlassLenses.com domain (including, without
limitation, any claims for breach of warranty, loss of data, libel, slander,
invasion of privacy or false advertising); (ii) performance of the EyeGlassLenses.com
Domain; (iii) Subscriber s negligence or any tortuous acts (or failures
to act) of Subscriber; (iv) products or services offered through the EyeGlassLenses.com
domain; and (v) any breach by Subscriber of the obligations of Subscriber
under this Agreement.
Section 7 -- Export Assurance: Subscriber
shall not perform any act in conflict with or in violation of the export
laws and regulations of the United States of America, including (without
limitation) the Export Administration Act, 50 U.S.C. §2401, et seq., the
Export Administration Regulations, 15 C.F.R. Parts 730-774, the Arms Export
Control Act, 22 U.S.C. §2751, and the International Traffic in Arms Regulations,
22 C.F.R. Parts 120-130, as amended.
Section 8 -- Links: Subscriber hereby acknowledges
that the EyeGlassLenses.com domain may contain Links to third party Web
Sites. Any such Links are provided solely as a convenience to Subscriber
and do not constitute an endorsement by I-See Optical of such Web Sites
and the third party content therein.
ARTICLE 2: MISCELLANEOUS
Section 1 -- Entire Agreement: This Agreement
contains the entire understanding of the parties relating to the subject
matter hereof and supersedes all previous verbal and written agreements
between I-See Optical and Subscriber relating to the subject matter hereof.
Section 2 -- Amendments and Modifications:
Excepting modifications
made to the Policy Statement by I-See Optical and modifications made to
this Agreement by I-See Optical, any alteration, modification or amendment
of this Agreement shall be void unless such alteration, modification or
amendment is in writing and signed by an authorized representative of
I-See Optical.
Section 3 --
Severability:
If a provision
of this Agreement is rendered invalid, the remaining provisions shall
remain in full force and effect.
Section 4 -- Captions:
The
headings and captions of this Agreement are inserted for convenience of
reference and do not define, limit or describe the scope or intent of
this Agreement or any particular section, paragraph, or provision.
Section 5 -- Governing Law: The EyeGlassLenses.com
domain is based in Duval County, City of Jacksonville, Florida. This Agreement
shall be governed by the laws of the state of Florida, without regard
to any rules of conflict or choice of laws which may require the application
of laws of another state, and venue shall be Duval County, Jacksonville,
Florida.
Section 6 -- Subscriber Notice: All notices
to Subscriber shall be in writing. Notices to Subscriber shall be deemed
delivered when posted conspicuously on the EyeGlassLenses.com Domain or
when delivered to Subscriber electronically, by commercial overnight delivery
service, by Certified or Registered Mail - Return Receipt Requested -
or by hand. Notices to Subscriber shall be deemed given when dispatched.
Notices posted conspicuously on the EyeGlassLenses.com domain or delivered
to Subscriber electronically (including, without limitation, electronic
mail) shall be deemed written notices.
Section 7 -- I-See Optical Notice: All notices
to I-See Optical shall be in writing. Notices to I-See Optical shall be
deemed delivered when delivered by commercial overnight delivery service,
Certified or Registered Mail - Return Receipt Requested - or by hand to
the address set forth below for I-See Optical. Notices to I-See Optical
shall be deemed given on the date notice is received by I-See Optical
(as evidenced in the case of Certified or Registered Mail by Return Receipt).
I-See Optical Lab
44 West Church Street
Blackwood, NJ 08012
(800) 334-LENS
Section 8 -- Pronouns/Gender: Pronouns and
nouns shall refer to the masculine, feminine, singular or plural as the
context shall require.
Section 9 -- Remedies:
All remedies under
this Agreement are in addition to equitable remedies and remedies provided
by law and are cumulative. The parties hereby acknowledge and agree that
damages at law will be an inadequate remedy to I-See Optical. In addition
to remedies at law and other rights which may be available, I-See Optical
shall have the right of specific performance, injunction or other equitable
remedy (including, without limitation, the right to such equitable remedies
prior to or pending arbitration) in the event of a breach or threatened
breach of this Agreement by Subscriber.
Section 10 -- Waiver: Waiver of a breach
of this Agreement shall not constitute a waiver of any other breach. Failure
to enforce any provision of this Agreement shall not constitute a waiver
or create an stopple from enforcing such provision. Any waiver of a provision
of this Agreement shall not be binding unless such waiver is in writing
and signed by the waiving party.
Section 11 -- Survival: The terms and provisions
of Sections 2.04 and 2.05 and Articles I, III, IV and V of this Agreement
shall survive cancellation of the Password.
Section 12 -- Public Announcements: All
public announcements concerning the EyeGlassLenses.com domain or the relationship
of Subscriber and I-See Optical shall be subject to the prior written
approval of I-See Optical.
Section 13 -- Arbitration: Any controversy
or claim arising out of or relating to this Agreement, or breach thereof,
shall be settled by arbitration in accordance with the Commercial Arbitration
Rules (excluding Expedited Procedures) of the American Arbitration Association
in the city of Jacksonville, Florida. Judgment upon the award rendered
by the arbitrators may be entered in any Court having jurisdiction thereof,
unless a subsequent request for reconsideration has been filed by I-See
Optical under this Section 13. Three qualified arbitrators shall be appointed
in accordance with the Commercial Arbitration Rules (excluding Expedited
Procedures) of the American Arbitration Association and this Agreement.
Such qualified arbitrators shall be members of the Florida Bar and shall
have at least five years of experience in technology and commercial law
matters. Each party shall have the right of discovery as set forth in
the Federal Rules of Civil Procedure. A stenographer shall be present
at the arbitration proceedings and the stenographic record shall be the
official record of the proceeding. The arbitration award shall be in writing
and shall include findings of fact and conclusions of law. I-See Optical
shall have the right to appeal any decision of the arbitrators by filing
a request for reconsideration of such decision with the American Arbitration
Association within ninety days of receiving such decision. Upon receiving
such request for reconsideration, the American Arbitration Association
shall reconsider the matter de novo using a different panel of three appellate
arbitrators and the foregoing procedures. Such panel of appellate arbitrators
shall be selected using the same procedures as used to select the original
arbitrators. Each party shall pay an equal share of the fees and expenses
of the arbitrators and administrative fees and expenses of the arbitration.
Florida Statute §682 shall apply.
Section 14 -- Litigation Expense: In the
event of litigation or arbitration arising out of or relating to this
Agreement, each party shall pay its own costs and expenses of litigation
or arbitration (excluding fees and expenses of arbitrators and administrative
fees and expenses of arbitration).
We hope you enjoy your visit to our web site. Please feel free to email
us with any questions or suggestions you may have. Thank You.
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