TERMS OF SERVICE

Effective Date: 11/28/2022

1-800 Contacts, Inc. ( “1-800 CONTACTS”, “we,” “our,” or “us”), owns and operates Liingo Eyewear (d/b/a of 1-800 Contacts, Inc.) including this website, www.liingoeyewear.com (the “Website”) where we help you find glasses that you actually like wearing and that help you express your personality. The following Terms of Service govern your use of this website (“Terms”). PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND 1-800 CONTACTS AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. By using, registering with or shopping at 1800contacts.com (the “Website”), you accept these Terms, including this arbitration provision and class action waiver, so please read them carefully

By using this Website, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not meet these requirements, you must not register for or purchase products from the Website.

If you do not agree to these Terms, then you may not use, register for or shop at this Website. If at any time you do not accept all of these Terms, you must immediately stop using the Website.

Privacy

Please review our Privacy Policy, which also governs your visit to 1800contacts.com, to understand our privacy-related practices.

No professional advice

Any information supplied through this Website or by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Health-related information provided through this Website is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Electronic communications

When you visit 1800contacts.com or send e-mails to us, you are communicating with us electronically and are consenting to receive communications from us electronically regarding a purchase or response to a question or comment or because you have chosen to receive promotional, legal or reminder emails about your contact lenses. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Dispute resolution; Arbitration; Class Action waiver

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND 1-800 CONTACTS TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM 1-800 CONTACTS.

(a) Arbitration Agreement. You and 1-800 Contacts agree that all claims and disputes relating in any way to your use of 1-800 Contacts’ Website, or to any products you purchase or purchased through 1-800 Contacts, shall be resolved by binding arbitration on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first assent to these Terms.

(b) Waiver of Jury Trial. YOU AND 1-800 CONTACTS WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and 1-800 Contacts are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

(c) No Class Arbitrations, Class Actions, or Representative Actions. YOU AND 1-800 CONTACTS AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND 1-800 CONTACTS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER 1-800 CONTACTS’ USERS.

(d) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and 1-800 Contracts will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org or by calling AAA at 1-800-778-7879.

Intellectual property

Unless otherwise noted, all information, account information, articles, data, images, passwords, customer numbers, screens, text, user names, web pages or other materials (collectively, the “Content”) appearing on the Website, the Website itself, and all features and functionality of the Website, are the exclusive property of 1-800 CONTACTS or its subsidiaries:

All information, products, services, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and other Content contained on or used in the Website is protected by United States and international copyright laws. All rights reserved. Please assume that everything you see or read on the Website is copyrighted to, or used with permission from 1-800 CONTACTS unless otherwise noted.
The trademarks, logos, service marks and trade dress (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of 1-800 CONTACTS or others. The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits 1-800 CONTACTS. All other trademarks not owned by 1-800 CONTACTS or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 1-800 CONTACTS or its subsidiaries.
Images of people, objects or places displayed on the Website are either the property of, or used with permission by, 1-800 CONTACTS.
We own or use by permission all software contained on the Website, including without limitation all HTML code. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution or reproduction of the software, and such actions could result in severe civil and criminal penalties. We will seek and support prosecuting violators to the maximum extent possible.
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work or otherwise use the Content of the Website for public or commercial purposes without 1-800 CONTACTS’ authorization, except that:

Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features, you may take such actions as are enabled by such features.

Nothing on this Website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication or otherwise.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations

We also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

Patents

One or more patents may apply to this Web site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.

Website license and prohibited uses

We grant you a limited license to access and make personal use of this Website only for lawful purposes and in accordance with these Terms, and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include the use of the Website to do any of the following, including but not limited to:

resell or commercially use this Website or its contents;
download or copy any account information for the benefit of another merchant or other person or entity;
use any false or inaccurate information for purposes of establishing an account with us;
provide any information or take any other action with the purpose of establishing an account with us in order to place test orders;
delete or revise any material or other information of ours or any other user;
harvest or otherwise collect information about others, including e-mail addresses, without their consent;
collect or otherwise use any data located on the Website for litigation or legislative purposes;
take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure:
use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website;
use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than (i) the search engine and search agents available from 1-800 CONTACTS and (ii) generally available third party web browsers
allow any other person or entity to use your Customer Number or other identifying information;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service
use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
send, knowingly receive, upload, download, use, or re-use any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable;
impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm the Company or users of the Website or expose them to liability.

You further agree not to violate or attempt to violate the security of the Website, including, without limitation, actions such as:

accessing data not intended for you or logging into a server or account that you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, using any type of spyware or redirecting software, “flooding,” “spamming,” “mailbombing” or “crashing” the Website;
forcing the placement of cookies;
sending unsolicited e-mail, including promotions and/or advertising of products or services; or
forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of 1-800 CONTACTS without express written consent. You may not use any meta tags or any other “hidden text” utilizing 1-800 CONTACTS’ name or Trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of 1-800 CONTACTS so long as the link does not portray 1-800 CONTACTS or our products or services in a false, misleading, derogatory or otherwise offensive matter, or suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission, or disable all or any social media features and any links, at any time without notice in our sole discretion. You may not use any 1-800 CONTACTS logo or other proprietary graphic or trademark as part of the link without our express written permission.

Online Purchases and Other Terms and Conditions

All purchases through the Website or other transactions for the sale of goods or services resulting from visits made to the Website by you are governed by our Terms of Sale, which are hereby incorporated into these Terms. We are responsible and will meet, where applicable, all PCI-DSS requirements as it pertains to the security and protection of your credit card information to the extent we handle, have access to, or otherwise store, process, or transmit your payment information.

Reselling products prohibited

You are absolutely prohibited from reselling in any manner any products you purchase from 1-800 CONTACTS, whether you purchased the products through the Website or by any other means.

Your account

If you use this Website, you are responsible for maintaining the confidentiality of your account, Customer Number and other related login and account information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to immediately notify us of any unauthorized use of your Customer Number or account or any other breach of security. In consideration of your use of this Website, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the forms for your account, prescription and order information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of this Website. Account Information and certain other information about you are also subject to our Privacy Policy. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Reviews, comments, communications and other content

We welcome your comments regarding our products, services and Website. You may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. We reserve the right (but not the obligation) to remove or edit such content for any or no reason in our sole discretion, but we do not regularly review posted content. Any content you submit to 1-800-CONTACTS will be considered non-confidential and non-proprietary. We reserve the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

If you do post content or submit material, and unless we indicate otherwise, you grant 1-800 CONTACTS a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant 1-800 CONTACTS and any of our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; that the content you submit does and will comply with these Terms of Service; and that you will indemnify 1-800 CONTACTS for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

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:

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
your name, address, telephone number and email address;
a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either the owner, or is authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed; and
an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Our agent for notice claims of copyright infringement on the Website can be reached as follows:

Legal department

1-800 CONTACTS, INC
261 Data Drive
Draper, Utah 84020
Telephone:(801)924-9800
email: [email protected]

Legal department

We attempt to be as accurate as possible in describing offered products. However, we do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current or error-free. If a product we offer is not as described, your sole remedy is to return it in unused condition.

Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations-including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from this Website to either a foreign national or a foreign destination in violation of such laws.

The owner of this Website is based in the state of Utah in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Our rights

We may elect to electronically monitor areas of this Website and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Website.

Without limitation to the foregoing, we further reserve the right to take appropriate legal action, including without limitation referral to law-enforcement, for any illegal or unauthorized use of the Website. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We may terminate your access or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or these Terms of Service or is otherwise harmful to the interests of another user or us.

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Links to third party websites

Occasionally, we may make available a link to a third party’s website. These links will let you leave this Website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents.

Disclaimer of warranties and limitation of liability

THIS WEBSITE IS PROVIDED BY 1-800 CONTACTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. 1-800 CONTACTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 1-800 CONTACTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 1-800 CONTACTS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM 1-800 CONTACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 1-800 CONTACTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable law

By visiting this Website, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between us.

Website policies and modification

Please review our other policies, such as our Privacy Policy, posted on this Website. We reserve the right to make changes to our Website, policies and these Terms of Service at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website or purchase of products from 1-800-CONTACTS following the posting of revised Terms of Service means that you accept and agree to the changes.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

General information

These Terms of Service and Privacy Policy govern the use of the Website. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms 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 of Use remain in full force and effect.

Notice to California residents

If you are a California resident, under California Code § 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website you may contact 1-800 CONTACTS at: 261 W Data Drive, Draper, UT 84020. Or by telephone at (801) 924-9800 or email at [email protected]. You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or my telephone at (800) 952-5210 or (916) 445-1254.

Last updated November 28, 2022