Ecommerce Terms of Use
Last Updated: September 10, 2024
Your use of the website located at https://www.eyemartexpress.com or any other websites and platforms on which these terms reside (collectively, the "Site"), including the features and services made available through this Site, is subject to these terms of use (“Terms”), together with our Ecommerce Privacy Policy. Please read these Terms carefully before using this Site. The Site is owned, controlled, and operated by Eyemart Express LLC ("Eyemart Express", "us" "we", or "our"). BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO EYEMART EXPRESS, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED IN THESE TERMS, INCLUDING, BUT NOT LIMITED TO, CONDUCTING TRANSACTIONS ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, AND A CHOICE OF DELAWARE LAW.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 8. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND EYEMART EXPRESS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND EYEMART EXPRESS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
NO MEDICAL ADVICE: THE INFORMATION DISPLAYED ON THE SITE IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY DISEASE, OR INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF ANY PERSON.
THE SITE MAY CONTAIN GENERAL INFORMATION OR CONTENT RELATED TO MEDICAL CONDITIONS, TREATMENT, AND OTHER HEALTH CARE TOPICS. ANY SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. YOU SHOULD ALWAYS CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT. RELIANCE ON THE SITE IS SOLELY AT YOUR OWN RISK.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. In addition, when using particular services, your transactions or services may be subject to additional terms and conditions applicable to such services which may be posted from time to time.
Eyemart Express may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Eyemart Express will have no liability to you if this Site is discontinued or your ability to access the Site is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination.
1. Eyemart Express Content
Content on this Site that is provided by Eyemart Express or its licensors, including graphics, photographs, images, text, digitally downloadable files, trademarks, trade dress, logos, product names or packaging, slogans, and the compilation of the foregoing ("Eyemart Express Content") is the property of Eyemart Express and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Eyemart Express Content for use (a) in any publications, (b) in public performances, (c) on websites other than this Site for any other commercial purpose, (d) in connection with products or services that are not those of Eyemart Express, and/or (e) in any other manner that is likely to cause confusion among consumers, that disparages or discredits Eyemart Express and/or its licensors or their respective products or brands, that dilutes the strength of Eyemart Express' or its licensor's intellectual property, or that otherwise infringes Eyemart Express’ or its licensors’ intellectual property rights. You further agree to in no other way misuse any Eyemart Express Content or third party content that appears on this Site.
2. Your Use of the Site
You may not, without Eyemart Express prior written consent, cause or permit the: (a) use, copying, modification, rental, lease, sublicense, transfer, or other commercial exploitation of, or other third party access to, any element of the Site, except to the extent expressly permitted by these Terms; (b) creation of any modifications or derivative works of the Site; (c) reverse engineering of the Site; (d) gaining of unauthorized access to the Site or its related systems or networks; (e) interference with or disruption of the integrity or performance of the Site or the data contained therein; (f) the use of any data mining, crawlers, spiders, robots or similar data gathering, scraping or extraction methods in connection with the Site; (g) unlawful or criminal use of the Site or any other conduct that would give rise to civil or criminal liability; (h) collection of information about other users of the Site for any purpose; (i) impersonation of any person or entity or other misrepresentation of who you are, your age, or your affiliation with any person or entity; or (j) use of the Site for any purpose that is otherwise prohibited by these Terms.
3. DMCA Notice and Procedure for Copyright Infringement Claims
If you are a copyright owner and you believe that your copyright rights have been violated, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by email to DMCANotice@eyemartexpress.com with the statement “DMCA Rights” in the subject field. Please include the following, as required by the DMCA:
- Identify the copyrighted work(s) you claim is infringed.
- Identify the material you claim is infringing the copyright(s), and provide enough information for us to reasonably locate that material.
- Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Include the Claimant's name, address, and telephone number(s), and email address if available.
- Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or their agent or law.
- Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
When we receive an infringement notice with all the required information in accordance with the foregoing and are able to locate the allegedly infringing material, we will remove or disable access to the subject material. We also will take reasonable steps to promptly notify the person who posted the subject material. We will give them the opportunity to send a counter-notification. A counter-notification must include the following, to be effective under the DMCA:
- A physical or electronic signature of the person submitting the counter-notification;
- Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the material was removed or disabled due to mistake or misidentification of the material removed or disabled;
- The name, address, email address and telephone number of the person submitting the counter-notification;
- A statement that the person submitting the counter-notification consents to the jurisdiction of the Federal District Court for his judicial district, or if the person is outside the United States, for any judicial district in which Eyemart Express may be found, and that the person will accept service of process from the person who submitted the DMCA claim or his agent.
4. Registrations/Sign ups
Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.
If the Site requires you to submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility.
5. Terms of Sale
Transactions
You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Eyemart Express the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
All descriptions, images, references, content, products and prices of products described or depicted on the Site are subject to change at any time without notice.
Eyemart Express reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transaction(s).
You understand and agree that you are charged at the time you place your order for products, and the sale is final and complete at the time you are charged. Once an order is placed, changes cannot be made.
Availability, Modifications, Errors & Inaccuracies
All goods available on the Site are subject to change without notice. You should regularly consult the Site for updates regarding product availability.
Eyemart Express’ acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Eyemart Express aims to describe and display its products accurately on the Site. However, some items on the Site may be mispriced, described inaccurately or unavailable, and Eyemart Express may experience delays in updating information on the Site. As a result, Eyemart Express cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability. Eyemart Express reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
Shipping and Returns
Each item ordered may ship separately or together. All goods will be processed to ship to the postal address that you specify on the order form page. No responsibility is assumed by Eyemart Express for any postal mail or overnight deliveries returned as undeliverable without a forwarding address. Eyemart Express reserves the right to charge you for shipping fees to re-ship any products that have been returned to Eyemart Express due to your shipment refusal, your failure to include a sufficient address, or if the product is otherwise undeliverable. You agree to allow at least [FIVE BUSINESS DAYS] from receipt of your order for shipment of products, unless otherwise stated on the Site.
All sales are final. If an exchange is permitted in Eyemart Express’ sole discretion, items must be returned by the receiver in their original condition and with all original content. If any problems arise with your account, shipping address, or payment method connected with your account that Eyemart Express is unable to resolve, Eyemart Express will notify you through the email address associated with your order and your order may be canceled. Additional orders may not be shipped until the problem has been resolved.
6. Representations, Limitations of Liability and Indemnity
Eyemart Express makes no representations about the reliability of the features of this Site, the Eyemart Express Content or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems or use of the Site will be at your own risk. Eyemart Express makes no representations regarding the amount of time that any Eyemart Express Content will be preserved. Eyemart Express makes no representation or warranties that any material, images, applications or files obtained from or through the Site are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses and/or concerning inaccuracies, typographical errors or other defects on the Site or applications or material available on or through Site. You agree to use this Site, applications and functions at your own risk.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EYEMART EXPRESS, OR EYEMART EXPRESS ENTITIES (AS HEREAFTER DEFINED) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL EYEMART EXPRESS OR EYEMART EXPRESS ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND EYEMART EXPRESS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES WILL EYEMART EXPRESS OR EYEMART EXPRESS ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF EYEMART EXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF EYEMART EXPRESS’ NEGLIGENT, FRAUDULENT, RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
You agree to indemnify and hold Eyemart Express, its parents, subsidiaries, officers, employees, and contractors and each of their respective officers, employees and agents (collectively, “Eyemart Express Entities”) harmless from and against any damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or any claims arising from your misuse of this Site.
7. Third Party Websites
This Site may hyperlink to sites not maintained by or related to Eyemart Express. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Eyemart Express, and Eyemart Express makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to that site's terms and conditions and privacy policy, and Eyemart Express has no control over how your information is collected, used, or otherwise handled.
8. Binding Arbitration
You and Eyemart Express agree that any controversy or claim (except for any claim that qualifies for small claims court and any claim of infringement, breach of confidentiality, or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to these Terms, the Site, and/or use of the Site, as well as all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“Consumer Rules”) by a sole arbitrator. You can access the Consumer Rules at https://www.adr.org/Rules or by calling +1 800-778-7879. You and Eyemart Express shall endeavor to agree upon the arbitrator, and if you and Eyemart Express fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Consumer Rules. The place, locale, or legal seat of arbitration, shall be Dallas, Texas (which shall not prejudice the arbitrator’s ability to hold hearings in any location agreed to by the parties or set by the arbitrator, including your hometown, or to hold virtual hearings, and the language of the arbitration shall be English).
YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO ARBITRATION YOU COMMENCE HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS UNLESS ALL PARTIES CONSENT.
Each party shall bear its own arbitration filing fees.
The arbitrator shall issue an award in the form required by the Consumer Rules, and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law (other than to legal or professional advisors, witnesses, or experts acting pursuant to a duty of confidentiality). Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than legal or professional advisors, witnesses or experts acting pursuant to a duty of confidentiality), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed or kept confidential to the extent permitted by law.
You and Eyemart Express further agree that, before either may commence an arbitration or assert a claim in small claims court, you and Eyemart Express will meet and confer, via telephone or videoconference, in a good-faith effort to informally resolve the applicable claim(s). The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within sixty (60) days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Eyemart Express that you intend to initiate an informal dispute resolution conference, email notice@eyemartexpress.com. Engaging in this informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration and the arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
9. Miscellaneous
Both you and Eyemart Express acknowledge and agree that no partnership is formed and neither of you nor Eyemart Express has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of Delaware without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms and/or the Site not subject to the arbitration provision set forth above will be subject to the federal and state courts located in the State of Texas. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
On certain areas of our Site, you may be given the ability to provide us with personal information. Please read our for more information about our information collection and use practices.
The failure of Eyemart Express to comply with these Terms because of an act of God, epidemic, outbreak, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Eyemart Express, shall not be deemed a breach of these Terms.
If Eyemart Express fails to act with respect to your breach or anyone else's breach on any occasion, Eyemart Express is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and Eyemart Express, and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Eyemart Express regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
