PEARLE VISION LEGAL AND PRIVACY POLICIES
This Policy describes how we, Luxottica Retail North America, Inc. and its subsidiary companies, handle information we learn about you from our website. If you have questions or wish to contact us about the Policy, direct inquiries to:
Luxottica Retail North America, Inc.
4000 Luxottica Place
Mason, Ohio 45040
What information do we collect?
The information we collect depends on what you do when you visit our site. Please note that we do not collect personal information about you when you visit our site unless you choose to provide such information to us.
We collect personally-identifying information you provide to us in connection with purchases you make on our site, requests for services made through the site, the creation of a user account, any material you may post to the site, and your participation in surveys on the site. From time to time, we may provide you the opportunity to participate in contests or in other voluntary activities through the site. We may request personal information from you, along with other information, in order for you to participate. Participation in these activities is completely voluntary; therefore, you can elect not to disclosure your personal information by not participating in the activity.
In addition, for each visitor to our site, we automatically gather certain information and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We collect and store this information on an individual basis and in an aggregate or combined form. We also collect both user-specific and aggregate information on what pages visitors access or visit.
How do we use this information?
We use the information we collect to analyze trends, to administer the site, to track users' movements around the site, and to gather demographic information about our user base as a whole. We also use this information to improve the content of our web pages, and to customize the content and layout of our pages. All of this is done with the intention of making our site more useful to visitors.
We may share email addresses, postal addresses, telephone contact information, or other personally-identifying information we collect across brands within the company. We do not rent or sell such information to any third parties.
We use both session cookies and persistent cookies on this website. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We may link the information we store in cookies to your personal information in order to provide a faster and more pleasant online experience. We will also use these cookies to identify your computer’s IP address and allow the functionality of our geo-locator. We will use this information to find our nearest store to the user and personalize the content/layout of our pages. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited.
We use session cookies to make it easier for you to navigate our site. We use session cookies to record session information, such as which web pages a user has visited, and to track user activity on the site. We also use session cookies to store any passwords used on the site (such as a password associated with a user account), so you don't have to enter it more than once per session. Additionally, we will use these cookie to identify your computer’s IP address allowing the site to display your nearest Pearle Vision location as well as provide personalized content and layout option. Session cookies expire when you close your browser.
We use persistent cookies to track and target the interests of our users to enhance the experience on our site. Persistent cookies remain on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your browser's "help" file.
Collection and Use of Health Information
We are required by applicable federal and state law to maintain the privacy of your health information. Please see our HIPAA Privacy Statement for information on our privacy practices, our legal duties, and your rights concerning your health information. Any health information we collect from you on this site will be handled in accordance with the terms of our HIPAA Privacy Statement.
California Privacy Rights
Opt Out Procedures
If you do not wish to receive promotional emails from us, please let us know by using the opt-out response device that can be found at the bottom of every email we deliver or by emailing us at firstname.lastname@example.org. To help us process your request, please include sufficient information for us to identify you in our records. Please allow a reasonable time for us to process your request. Please note that, although you can opt not to receive promotional messages, we reserve the right to send you informational email messages about any user account you establish on this website or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
If you do not wish for us to share your information with our related companies, please let us know by sending your request to: Privacy Office, Luxottica Retail, 4000 Luxottica Place, Mason, Ohio 45040 or by email to [link] email@example.com firstname.lastname@example.org. To help us process your request, please include sufficient information to allow us to identify you in our records. Please allow a reasonable time for us to process your request.
Upon request, we provide site visitors with access to their own personally-identifying information (e.g., name, address, phone number) that we maintain about them. You can access this information by sending your request to: Privacy Office, Luxottica Retail, 4000 Luxottica Place, Mason, Ohio 45040 or by email to email@example.com. To help us process your request, please provide sufficient information to allow us to identify you in our records.
We reserve the right to ask for information verifying your identity prior to disclosing any information to you. Should we ask for verification, the information you provide to verify your identity will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete.
We also offer visitors the opportunity to have inaccuracies corrected in all information we maintain about them. You can correct this information by sending your request to: Privacy Office, Luxottica Retail, 4000 Luxottica Place, Mason, Ohio 45040 or by email to firstname.lastname@example.org. To help us process your request, please provide sufficient information to allow us to identify you in our records.
The security of your personal information is important to us. We follow generally-accepted industry standards to protect the personal information submitted to us and to guard that information against loss, misuse, or alteration. When you enter sensitive and/or personally-identifying information on our registration or during the ordering process, we encrypt transmissions involving such information using secure protocols.
Please note, however, that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we use commercially-reasonable means to protect your personal information, we cannot guarantee its absolute security.
Third Party Sites
This Policy applies only to information collected by this website.
From time to time, this website may link you to other sites ("Linked Sites") that are not owned by Luxottica Retail. We do not control the collection or use of any information, including personally-identifying information, that occurs during your visit to the Linked Sites. Further, we make no representations about the privacy policies or practices of the Linked Sites, and Luxottica Retail is not responsible for the privacy practices of these Linked Sites.
Be careful of disclosing any of your personally-identifiable information when leaving our site. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally-identifiable information.
Changes to this Policy
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our Policy. If our information practices change materially at some time in the future, we will post the changes to our website and revise our Policy accordingly. In addition, if we have collected personally-identifying information from you, we will notify you about the changes and secure your consent prior to making use of your information in new ways.
If you believe that this site is not following its stated information policy, you may contact us at the above postal address, email address, or telephone number.
If you are a California resident and a Pearle Vision, Sunglass Hut, Watch Station, Watch World, LensCrafters, Target Optical, Sears Optical, Macy's Optical, or BJ's Optical customer, you have the right to request information from Pearle Vision about the way in which Pearle Vision shares certain categories of your personal information with affiliated Luxottica Retail companies for their direct marketing purposes.
California law provides that you have the right to submit a request to Pearle Vision at CAPrivacyPolicy@luxotticaretail.com and receive the following information:
1) The covered categories of personal information disclosed by Pearle Vision to affiliated Luxottica Retail brands for their direct marketing purposes during the preceding calendar year.
2) The names of the affiliated companies sharing the Luxottica Retail name which received such information.
You are entitled to receive a copy of this information in a standardized format, and the information will not be specific to you individually.
Transparency in Supply Chain Disclosure
Luxottica has adopted both a Code of Conduct and a Code of Ethics, with which employees, business partners and suppliers are expected to comply. Luxottica produces the vast majority of its products at facilities that it owns and where it controls hiring and employment practices. The Codes require that all associated with Luxottica behave ethically and within the bounds of the law, to respect the rights of people’s dignity, health and safety, and that also denounces the use of child labor. Luxottica promotes the safeguarding of workers’ rights, trade union freedom and freedom of association in general.
Luxottica investigates the reputation and lawfulness of the suppliers it uses, and supervises the observance by its suppliers of its Code of Ethics through frequent company employee visits. The company is in the process to deploy a Global Audit program designed to cover Environmental, Health, Safety & Social aspect.
Luxottica requires suppliers to comply with the laws of the jurisdiction in which the product is made and strives to ensure that the rights contemplated by the Universal Declaration of Human Rights are guaranteed in the different countries in which it operates.
Luxottica supervises the observance of the Code of Ethics, providing information, prevention tools and controls and assuring the transparency of its operations and behaviors, intervening with remedial actions as necessary. Compliance with the Code of Ethics is a requirement for continued employment or business relationship with Luxottica.
Regular training is a part of employment with Luxottica, including that related to compliance with the law. Specific training relating to human trafficking and slavery and mitigation of the risk of such practices with the supply chain is in the process of development.
HIPAA Privacy Statement
This notice describes how medical information about you may be used and disclosed and how you can get access to this information.
Please review it carefully.
Our legal duty.
We are required by applicable federal and state law to maintain the privacy of your health information. We also are required to give you this Notice about our privacy practices, our legal duties, and your rights concerning your health information. We must follow the privacy practices that are described in this Notice while it is in effect. This Notice takes effect August 1, 2007, and will remain in effect until we replace it.
We reserve the right to change our privacy practices and the terms of this Notice at any time, provided such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our Notice effective for all health information that we maintain, including health information we created or received before we made the changes. In the event we make a material change in our privacy practices, we will change this Notice and provide it to you at your next visit or it can be viewed in the store or on our website.
You may request a copy of our Notice at any time. For more information about our privacy practices, or for additional copies of this Notice, please contact us using the information listed at the end of this Notice.
Uses and Disclosures of Health Information
We use health information about you for treatment, to obtain payment for treatment, for administrative purposes, and to evaluate the quality of care and service that you receive. Your health information is contained in a medical or optical dispensary record that is the physical property of Luxottica Retail.
How We May Use or Disclose Your Health Information
For Treatment:We may use or disclose your health information to an optometrist, ophthalmologist, optician or other healthcare providers providing treatment to you for:
- the provision, coordination, or management of healthcare and related services by healthcare providers;
- consultation between healthcare providers relating to a patient/customer;
- the referral of a patient for healthcare from one healthcare provider to another; or
- appointment reminders and recall information.
For Payment:We may use and disclose your health information to others for purposes of processing and receiving payment for treatment and services provided to you. This may include:
- billing and collection activities and related data processing;
- actions by a health plan or insurer to determine or fulfill its responsibilities for coverage and provision of benefits under its health plan or insurance agreement, determinations of eligibility or coverage, adjudication or subrogation of health benefit claims;
- medical necessity and appropriateness of care reviews, utilization review activities; and
- disclosure to consumer reporting agencies of information relating to collection of payments.
For Healthcare Operations:We may use and disclose health information about you for operational purposes. For example, your health information may be disclosed to:
- evaluate the performance of our associates;
- assess the quality of service, product and care in your case and similar cases;
- learn how to improve our facilities and services;
- conduct training programs or credentialing activities; and
- determine how to continually improve the quality and effectiveness of the products, services, and care we provide.
Appointments, Treatment, and Quality Assurance:We may use your information to provide appointment reminders or recall notices (such as voicemail messages, postcards or letters) or information about treatment alternatives or other health-related benefits, products and services that may be of interest to you. We may also contact you to conduct our own surveys about the quality of the products and services we provide.
Fund Raising:We may use certain information (name, address, telephone number, dates of service, and gender) to contact you in the future to raise money for our institutionally related foundation, Give the Gift of Sight Foundation. The money raised will be used to expand and improve the healthcare services and programs we provide the community.
To You, Your Family, and Friends:We must disclose your health information to you, as described in the Your Health Information Rights section of this Notice. We may disclose your health information to a family member, friend or other person to the extent necessary to help with your healthcare or with payment for your healthcare, but only if you agree that we may do so or, if you are not able to agree, if it is necessary in our professional judgment.
Persons Involved in Care:We may use or disclose health information to notify, or assist in the notification of (including identifying or locating) a family member, your personal representative or another person responsible for your care, of your location or your general condition. If you are present, then prior to use or disclosure of your health information, we will provide you with an opportunity to object to such uses or disclosures. In the event of your incapacity or emergency circumstances, we will disclose health information based on a determination using our professional judgment disclosing only health information that is directly relevant to the person's involvement in your healthcare. We will also use our professional judgment and our experience with common practice to make reasonable inferences of your best interest in allowing a person to pick up filled prescriptions, medical supplies, photos, or other similar forms of health information.
Required by Law:We may use and disclose information about you as required by law. For example, we may disclose information for the following purposes:
- for judicial and administrative proceedings pursuant to legal authority;
- to report information related to victims of abuse, neglect or domestic violence;
- to assist law enforcement officials in their law enforcement duties; or
- to assist public health officials avert a serious threat to the health or safety of you or any other person.
Decedents:Health Information may be disclosed to funeral directors or coroners to enable them to carry out their lawful duties.
Organ/Tissue Donation: Your health information may be used or disclosed for cadaveric organ, eye or tissue donation purposes.
Research:We may use your health information for research purposes when an institutional review board or privacy board that has reviewed the research proposal and established protocols to ensure the privacy of your health information has approved the research.
Government Functions:Specialized government functions such as protection of public officials or reporting to various branches of the armed services that may require use or disclosure of your health information.
Worker Compensation:Your health information may be used or disclosed in order to comply with laws and regulations related to Worker Compensation.
Marketing Health Products or Services:We will not use your health information for marketing communications without your prior written authorization. We may, however, provide you with information regarding products or services that we offer related to your healthcare needs from brands including LensCrafters, EYEXAM of California, Pearle Vision, Pearle VisionCare, Sears Optical, Sunglass Hut, Sole Mio, Target Optical and BJ's Optical. This Notice of Privacy Practices applies to all such brands. We will never sell your health information without your prior authorization.
Your Authorization:In addition to our use of your health information for treatment, payment or healthcare operations, you may give us written authorization to use your health information or to disclose it to anyone for any purpose. If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect. Unless you give us a written authorization, we cannot use or disclose your health information for any reason except those described in this Notice.
Your Health Information Rights
Access:You have the right to review or get copies of your health information, with limited exceptions. You may request that we provide copies in a format other than photocopies. We will use the format you request unless we cannot practicably do so. You may be asked to make a request in writing to obtain access to your health information. You may obtain a form to request access by using the contact information listed at the end of this Notice. We will charge you a reasonable cost-based fee for expenses such as copies and staff time. You may also request access by sending us a letter to the address at the end of this Notice setting forth the specific information to which you desire access. If you request an alternative format, provided that it is practicable for us to produce the information in such format, we will charge a cost-based fee for providing your health information in that format. If you prefer, we will prepare a summary or an explanation of your health information for a fee. Contact us using the information listed at the end of this Notice for a full explanation of our fee structure.
Disclosure Accounting:You have the right to receive a list of instances in which we or our business associates disclosed your health information for purposes other than treatment, payment, healthcare operations, where you have provided an authorization and certain other activities, for the last 6 years, but not for disclosures made prior to April 14, 2003. If you request this accounting more than once in a 12-month period, we may charge you a reasonable, cost-based fee for responding to these additional requests.
Restriction:You have the right to request that we place additional restrictions on our use or disclosure of your health information. We are not required to agree to these additional restrictions, but if we do, we will abide by our agreement (except in an emergency).
Alternative Communication:You have the right to request in writing that we communicate with you about your health information by alternative means or to alternative locations. Your request must specify the alternative means or location, and provide satisfactory explanation how payments will be handled under the alternative means or location you request.
Amendment:You have the right to request that we amend your health information. Your request must be in writing, and it must explain why the information should be amended. We may deny your request under certain circumstances. You may obtain a form to request an amendment to your health information by using the contact information listed at the end of this Notice.
Electronic Notice:If you receive this Notice on our website or by electronic mail (email), you are entitled to receive this Notice in written form.
Privacy Questions and Complaints
If you want more information about our privacy practices or have privacy questions or concerns, please contact us. If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made about access to your health information or in response to a request you made to amend or restrict the use or disclosure of your health information or to have us communicate with you by alternative means or at alternative locations, you may complain to us using the contact information listed at the end of this Notice. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file your complaint with the U.S. Department of Health and Human Services upon request.
We support your right to the privacy of your health information. We will not retaliate in any way if you choose to file a complaint with us or with the U.S. Department of Health and Human Services.
If you have any questions or complaints relating to privacy, please contact:
4000 Luxottica Place
Mason, Ohio 45040
Thank you for entrusting Luxottica Retail with your eye care and eye wear needs.
Thank you for visiting the Pearle Vision site, provided to you by Luxottica Retail. This document sets forth the terms and conditions that apply to your use of the site.
Changes to this Agreement
1. We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the site. Your continued use of the site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the site if you do not agree to be bound by the revised terms and conditions.
General Use and Site License
3. This site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this site without the supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this site by children, minors, and others under your care, and you agree to be responsible for their use of this site.
4.The content contained in this site is provided by Pearle Vision as a service to its customers. This site does not contain information about all diseases, nor does this site contain all medical information that may be relevant. All content provided in this site is only general health information and is only intended to facilitate communication between you and your healthcare provider. It is not intended for diagnosis and cannot provide a diagnosis for any particular individual and should not be used as a substitute for seeking professional medical advice, diagnosis, treatment, or care. All specific medical questions you have about your medical condition, treatment, care, or diagnosis should be presented to your own professional healthcare provider. You should never disregard medical advice or delay in seeking it because of something you have read on this site.
5. We grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site. You may view, copy, download, or print materials from this site for your own personal and non-commercial use. In this context, "personal and non-commercial use" does not include posting, uploading, or otherwise publishing the materials to any other site, except that you may post and share materials from this site in connection with your non-commercial and personal use of social media websites and services, such as Facebook, MySpace, and Twitter, as well as through blogs or similar types of postings. This license does not include any rights not specifically enumerated herein. You agree to use this site only for lawful purposes and in accordance with the terms and conditions contained herein.
6. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish, or resell the site or any of the content on the site, including but not limited to the trademarks and copyrights of Luxottica Retail and its affiliates, or to make derivative use of the site or its contents; (b) to make commercial use of the site or any of its contents; (c) to collect and use product listings, descriptions or images; (d) to download or copy any user's account information for your own use or for the benefit of another party; (e) to bypass any technical measures used to prevent or restrict access to any portion of the site; (f) to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser; (g) to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; (h) to violate or attempt to violate the security of the site, or (i) to interfere with or attempt to interfere with the proper working of the site.
7. You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this site, to terminate any user's account, and to alter or delete any material submitted to the site through the user's account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
Intellectual Property Rights
8. Unless otherwise noted, all content included on this site, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Luxottica Retail or its suppliers, licensors, partners, or affiliates and is protected by United States and international copyright laws. All of the content on this site is either the property of Luxottica Retail or is used by us with the permission of its owner. The compilation of this site is the exclusive property of Luxottica Retail and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Luxottica Retail's ownership of the site and its content.
9. The trademarks, logos, and service marks displayed on this site are owned by Luxottica Retail and third parties, and this site's trade dress is owned by Luxottica Retail. All trademarks not owned by Luxottica Retail are the property of their respective owners, and, where used by Luxottica Retail, are used with permission. Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Luxottica Retail's trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Luxottica Retail's ownership of, or any third party's ownership of, the trademarks and trade dress used on this site.
10. Any unauthorized use of any content or materials on this site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. For information on how you may obtain authorization to use any materials or content from this site, or to use Luxottica Retail trademarks, service marks, product names, or trade dress, please contact us through the Customer Service section of this site.
11.Before you can make use of certain services associated with this site, you must register as a user and create a user account. You agree and warrant that all information you provide to us through this site, including but not limited to any contact information and other registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.
12. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
13. By creating an account with Luxottica Retail, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
Submission of Content and User Activity
14.From time to time, we may make available on this site services, features or sections that allow users to post or upload materials to the site or to our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Luxottica Retail, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the site or any associated services.
15. You represent and warrant that you own or otherwise control all the rights to any Content that you upload, transmit, or otherwise make available through the site; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal, or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify Luxottica Retail or its affiliates for all claims resulting from or related to Content you post or submit.
16. You grant the following license with respect to any and all Content you post or submit to this site: you hereby expressly grant to Luxottica Retail a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium, or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. For informational purposes, we note that the uses to which we may put the information or Content you provide include, but are not limited to, reproduction and use in any and all media whether now known or hereafter devised; publication of the Content or a derivative thereof for promotional, marketing, and advertising purposes, and use in the development and manufacture of products.
17. We do not control the Content delivered via the site by you or other users, and, as such, do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the site, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the site.
18. The opinions expressed in postings or other Content on this site are not necessarily those of Luxottica Retail or its content providers, advertisers, sponsors, affiliated, or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the site. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
19. We do not and are not obligated to regularly review, monitor, delete, or edit the Content of the site as posted by users. However, we reserve the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content, or from our alteration or deletion of any Content, even when we are advised of the possibility of such damages.
20. You acknowledge, consent, and agree that Luxottica Retail may access, preserve, and disclose your account information and any Content you submit if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Luxottica Retail, its affiliates, its personnel, other users, and the public.
Site Promotions and Transactions
21. We are not responsible for typographical or other errors or omissions regarding products, prices or other information provided on this site. All product sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the site. Prices and promotions are subject to change without prior notice, and inventory and availability are subject to change.
22. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, some items shown on this site may be mispriced. If an item's correct price is higher than our advertised price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
23.Depending on your location, items purchased from this site may be subject to tax at the appropriate state and local rate. Applicable taxes will be displayed during the ordering process.
24. All items purchased from this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
25. 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, to cancel any order or part of an order, or to refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy, or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered.
26. From time to time, we may offer and/or co-sponsor contests, sweepstakes, games, or other similar promotions via this site. Each of these activities shall be governed by specific rules accessible from the site in connection with the promotion.
Links to Third Party Sites
27. From time to time, we may provide links to other internet sites or resources via this site, and other sites may link to this site. We have not reviewed the accuracy of the content of any linked third-party site. No endorsement of any such linked third-party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
28. To the extent applicable, software from this site is subject to United States Export Controls. No software from this site may be downloaded or exported (i) into, or to a national or resident of, any other country to which the United States has embargoed goods; or (ii) to anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
29. Luxottica Retail provides this site and the associated services in connection with one or more affiliated companies and third-party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Luxottica Retail, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
30. THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY LUXOTTICA RETAIL ON AN "AS IS" AND "AS AVAILABLE" BASIS. LUXOTTICA RETAIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LUXOTTICA RETAIL DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, LUXOTTICA RETAIL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT ANY DISCLOSURES ON THIS SITE SATISFY GOVERNMENT REGULATIONS REGARDING THE DISCLOSURE OF INFORMATION RELATED TO CERTAIN PRODUCTS. LUXOTTICA RETAIL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY, OR ANY OTHER CONTENTS ON THIS SITE.
31. BY USING THE LUXOTTICA RETAIL SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. LUXOTTICA RETAIL DOES NOT WARRANT OR GUARANTEE THAT ITS SITE, SERVERS, OR EMAILS SENT BY OR ON BEHALF OF LUXOTTICA RETAIL ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. FURTHER, LUXOTTICA RETAIL DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED, AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND LUXOTTICA RETAIL, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
32. LUXOTTICA RETAIL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF LUXOTTICA RETAIL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, LUXOTTICA RETAIL WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY'S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON LUXOTTICA RETAIL'S COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LUXOTTICA RETAIL, ITS PARENT, SUBSIDIARIES, OR AFFILIATES—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO LUXOTTICA RETAIL.
33. 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 LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
34. You agree to indemnify, defend and hold harmless Luxottica Retail, its subsidiaries, agents, distributors, and affiliates, and their officers, directors, and employees, from and against any claim, demand, damages, cost, and expenses, including reasonable attorney fees, arising from or related to your use of this site and the services provided in connection with the site, or your breach of any provision of this Agreement or any warranty provided hereunder.
35. You agree that if you are dissatisfied with the site or any services offered in connection with the site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Luxottica Retail with respect to this Agreement or the site, your sole and exclusive remedy is to discontinue using the site and any services offered in connection with the site.
36. This site is created and maintained by Luxottica Retail in the State of Ohio. We make no representation that the site or any of its content is appropriate or available for use outside the United States of America, and access to the site from territories where the content is illegal is prohibited. You agree that you are solely responsible for compliance with applicable local laws connected with your use of this site.
37. You agree that the laws of the State of Ohio, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and Luxottica Retail or its affiliates. Regardless of where you access this site, you agree that any action or proceeding arising out of this Agreement or your use of the Luxottica Retail site, whether at law or in equity, must be brought in the state or federal courts serving Warren County, Ohio, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. 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.
Copyright Infringement Claims
38. Luxottica Retail respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. Luxottica Retail reserves the right to remove access to infringing material posted to its site. Such actions do not affect or modify any other rights Luxottica Retail may have under law or contract.
If you believe that any portion of the material contained on this site infringes your copyright, notify Luxottica Retail of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this site's Designated Agent:
4000 Luxottica Place
Mason, Ohio 45040
To be effective, the Notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of 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 complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, Luxottica Retail will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to such alleged infringer;
- Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been 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 alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which Luxottica Retail may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, Luxottica Retail will:
- Promptly provide the complaining party with a copy of the Counter Notification;
- Inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided Luxottica Retail's Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on Luxottica Retail's network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
39. This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express, or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Luxottica Retail. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Luxottica Retail's failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
41. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms and conditions, please contact us at:
Luxottica Retail North America, Inc.
ATTN: Privacy Office
4000 Luxottica Place
Mason, Ohio 45040