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  • Español
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RX Lenses 40% Off
Frames 40% Off
SPECIALS: Purchase your glasses with the prescribed lenses and the frame has a great special discount

Terms Of Use

Terms Of Use

Last Updated: October 27, 2023.

These Terms of Use, together with Privacy Policy and Shipping Returns & Refunds Policy (collectively “Terms”) govern the use and access of the website, eyewiz2020.com, as well as any other websites, landing pages, etc. (“Websites”) and mobile applications (“Apps”) (the term App, as used in these Terms, includes any update or modification to the App that we make available to you, the Websites and Apps will collectively be defined herein as our “Website”) and the purchase, sale, subscription of any good and services offered therein, specifically, but not limited to, eyeglasses and sunglasses with either prescription or non-prescription lenses and contact lenses (“Products”). These Terms are a legally binding, enforceable agreement between you, a customer purchasing our offered Products, or potential customer visiting the Website or individual that is installing and using our Apps (all “Customer” or “you”, “your”) and us, EYEWIZ 2020 SA CORP (hereinafter, collectively referred to as “Company”, “EYEWIZ 2020 SA CORP”, “eyewiz2020.com”, “we,” “us,” or “our”).

Certain offline or online services, Promotions, events, and features may have additional terms and conditions specific to them as communicated at the point of purchase, in advertising, or in person, and those additional terms and conditions are incorporated herein by reference.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.

ACCEPTANCE OF THE TERMS: BY INTERACTING WITH THE WEBSITE, OPENING AN ACCOUNT, INSTALLING THE APP OR PLACING AN ORDER THROUGH THE WEBSITE, YOU HEREBY CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO ANY OR ALL OF THESE TERMS, PLEASE DO NOT INTERACT WITH ANY OF THE WEBSITE OR PLACE AN ORDER AND PURCHASE ANY OF THE ITEMS LISTED ON THE WEBSITE. YOU HEREBY WAIVE ANY APPLICABLE RIGHTS TO REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAW.

AMENDMENTS: We reserve the right to amend these Terms from time to time, at our sole discretion. The most recent version of these Terms will always be posted on the Website or App and the update date will be reflected in the “Last Updated” heading. If eyewiz2020.com makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice through our Website, or updating the date at the top of these Terms. Any amendments to these Terms will become effective immediately, unless we notify otherwise. If you do not agree to the amended Terms, you must stop accessing and using the Website. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that Term shell be deemed severable and shall not affect the validity and enforceability of any remaining Term. YOUR CONTINUED USE OF ANY OF THE WEBSITE AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY, AND YOU AGREE THAT THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.

CLASS ACTION WAIVER: THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “ARBITRATION AGREEMENT” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND [COMPANY NAME]. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND [COMPANY NAME] THAT IN ANY WAY RELATE TO THESE TERMS OF USE OR YOUR USE OF OUR WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.

NO PROFESSIONAL ADVICE: Any content, information or otherwise, provided through our Website, by any form of communication 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. 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 information by you. In addition, health-related information provided through our Website is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician, optometrist, ophthalmologist, 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 our Website or by any form of e-mail communication 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 our Website, or by anyone who may be informed of any of its contents.

NO MEDICAL ADVICE OR SERVICES: The Company is not a medical or vision group or a health care provider. The Company may provide its users with the ability to obtain a virtual consultation provided by independent health care practitioners. Any consultations provided to you will be provided by licensed optometrist, ophthalmologist, and/or other health care professional appropriately licensed and qualified to provide your health care services. If you experience any pain, symptoms, blurred vision, “seeing floaters” or other maladies of the eye, consult your physician immediately or call 911. The content of the Website, including without limitation any content accessed, sent or made available for use or download through this Website (inclusive of any information transmitted by third parties and/or healthcare providers and eyeglass or contact lens prescriptions) does not constitute professional medical advice, diagnosis, or treatment by the Company of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. We do not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions, or other information that may be included on, accessed through, sent through, or made available for use or download through the Website.

ABOUT US: eyewiz2020.com is a website owned and operated by EYEWIZ 2020 SA CORP, a company organized under the laws of the United States of America.

 

1. ELIGIBILITY AND AGE LIMITATION

Our Website are not structured or intended to attract children under the age of 13 years. If you are under 13 years, please do not visit or use the Website. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using our Website to make sure that you and your parent or guardian understand these Terms and agree to them. YOU MUST BE AT LEAST 18 YEARS TO PLACE AN ORDER. By placing an order, you represent and warrant that: (i) you are at least 18 years old, and you are of legal competence to enter these Terms, and to take binding legal actions in accordance with applicable laws, and you are not prevented, by any applicable law or otherwise, from entering these Terms. Our items are offered solely for non-commercial purchase and use. You further represent and warrant that you are purchasing items or services from the Website for your own personal or household use only, and not for resale or export. We reserve the right to limit quantities.

Your use or access to the Website, including by installing the Apps, means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Website. We may also change our eligibility criteria.

2. PRIVACY

Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect and use your information.

3. CUSTOMER ACCOUNT

  1. If you choose to create an account (“Account”), you must complete and submit an online registration form. You will be asked to provide us with certain mandatory information such as your name and email address, and a password that you will use to access your Account.
  2. You are fully responsible for maintaining the confidentiality of your credentials and for restricting the access to your Account, and you alone are responsible for all activities which occur in connection with your Account. You agree to immediately notify us of any disclosure or unauthorized use or breach of security regarding your account through our contact us details available herein below.
  3. You hereby represent and warrant that all information provided by you while placing an order is and will be accurate and complete. Any inaccuracy will be at your sole responsibility and may cause the rejection or non-completion of an order placed by you.

 

4. PLACING AN ORDER

  1. When placing an order, you may decide to either check out as a guest or through your Account. The information you provide through the check-out (either as a guest or when creating an Account), includes your full name, shipping or billing address and any additional information as required for the payment, will be handled in accordance with our Privacy Policy.
  2. We do our best to ensure the integrity and accuracy of the information provided to you and the description of the Products displayed, however, it is possible that typographical errors, inaccuracies, or other errors may occur. If an inaccuracy arises, please inform us so that it can be corrected. We do not guarantee that the product images, services, or specifications displayed on the Website are or will remain accurate. The display of a product or service on the Website does not mean the product or service is or will be available. We do not guarantee the availability of any items for purchase, and We may revise and discontinue the availability of any items at any time. If a Product offered by us is not as you thought it would be, your sole remedy is to return it unused and with the full contents in accordance with our Return Policy.
  3. In the event a Product is listed at an incorrect price due to a typographical error (including prices as stipulated using any coupon that we found in our sole discretionary to be considered as an error) or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. If a product offered by our Website is not as described, your sole remedy is to return it unused and with the full contents in accordance with our return policy (see “Return Policy” below for additional information).
  4. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within your home country.
  5. Prescription Lenses: When placing an order that requires a prescription, you hereby represent and warrant that the prescription you submit as part of your order is valid on the date of placing your order. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements or within two years of the date of the prescription, subject to applicable laws and regulations. If your prescription or order information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your eyeglass or contact lenses (to which we refer herein as Products). By placing an order, you represent that the information used for purchasing the Product is correct, true, and accurately matches the prescription you received from your eye care provider. You hereby acknowledge that your order will not be guaranteed unless your prescription meets the terms set out in these Terms You hereby agree that we and our representatives may contact your eye care provider with any questions, comments, concerns, or verification needed with respect to your prescription. Note that eyeglasses and contact lens prescriptions may differ from one another, so you should make ensure that you are ordering the correct parameters set forth in your prescription for the type of product you wish to purchase. In cases where you order contact lenses and prescriptions are typed manually instead of being uploaded, we are obligated by law to verify your prescription with your eye care provider. This is in order to ensure that we provide you with the correct contact lenses in your order. According to the U.S. Fairness to Contact Lens Consumer Law, if the seller does not receive verification response from the eye care provider within 8 business hours, the seller is allowed to sell the customer the contact lenses.
  6. Eyeglasses: If you order eyeglasses, we will also need your pupillary distance, or PD, to fill your order. When you are fitted for eyeglasses by an eye care provider, you should be provided with a copy of your prescription specifying your PD. If the PD is not included in your order, we will use an average PD, and you agree that you forfeit all rights for any claim against us in such case. In any event, you shall be entitled to return or exchange the item in accordance with our Return Policy. If the prescription change requires an upgrade in the lens package, you will be required to pay the difference.
  7. Gift Cards: you have the option to purchase gift cards, which will be delivered to you or provided as an e-card, depending on your choice.
  8. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason in its entirely or partially. Some situations that may result in your order being canceled, at our sole discretion, include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Orders places are not confirmed until you receive a confirmation notice, confirmation is subject to payment collection, availability of the Product, accuracy of information provided by you, etc. in our sole discretion. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge If we cannot accept your order or where we decide to cancel it following the receipt of an email confirmation, we will contact you to explain this and any payment made through the order placement will be refunded in accordance with these Terms.
  9. Payments are made by third party payment service provider (including Stripe, PayPal, Apple Pay, Google Pay, or any other provider we may choose to use and make available to you). You acknowledge and agree to be bound by the terms of service governing such payment, which are made available to you during the checkout.
  10. If you choose to utilize your insurance plan to purchase or cover a portion of the purchase of your order, EYEWIZ 2020 SA CORP does not guarantee that your insurance coverage will be honored by your insurance plan for purchases made on the Website. Any questions related to your insurance should be directed to the company offering your insurance plan.
  11. Shipping is governed by the Shipping Policy.

 

5. COMMUNICATIONS (INCLUDING VIA EMAIL, SMS AND WHATSAPP)

  1. When you provide us with your email address, contact us, register to our newsletter, or otherwise communicating with us electronically, you consent to receive emails from us electronically either regarding a purchase or response to a question or comment or legal reminders and notifications. We will also send you promotional emails about our Products.
  2. By opting-in to receive text messages from us or by sending us an initial text message, you agree to receive recurring text messages (i.e., SMS, MMS and/or WhatsApp messages) from “[domain]”, some of which may be considered marketing and may be delivered by us using autodialer systems and technologies. You also represent that you are the owner or authorized user of the mobile device that you used to subscribe for our mobile communications and that you are authorized to approve the applicable charges and rates resulting from such SMS, MMS and/or WhatsApp messages. Message and data rates may apply. You will be responsible for all messaging and data charges that may apply. Standard messaging rates apply to your entry or submission message to any text message service, our confirmation, and all subsequent text message correspondence. Please contact your wireless carrier for information about your messaging and data plans. Your consent to receive text messages is not a condition of purchase. Carriers are not liable for delayed or undelivered messages. Message frequency may vary.
  3. You can opt-out of receiving text messages from us at any time by texting “STOP” from the mobile device receiving the messages. If you choose to opt-out you will be unsubscribed from the text program. You will receive one SMS, WhatsApp or Email Message that confirms you have successfully opted-out. After that you will receive no further messages for this system unless/until you opt-in again. For additional help, you may always contact us by sending an email to . For HELP, text “HELP” from the mobile device receiving the messages.
  4. In addition, EYEWIZ 2020 SA CORP has rolled-out a feature that offers customers a convenient one-click option to re-order contact lenses. For those users who wish to use this feature and enroll, we will send you automated text messaging reminders as and when it’s time to place an order for contact lenses. We reserve the right to include other marketing messages and promotions together with any of the reminder text messages that are sent to you. You always have the right to stop receiving contact lenses reorder reminder text messages by replying “STOP” to any such message, as we’ve noted above. Please know that, even if you opted out of receiving text messages from us, we may still contact you for transactional or informational purposes. Some examples are contacts for customer service, product information, service, or reminder notices. We may also need to contact you with questions or information regarding your order. Moreover, we reserve the right, always, to disclose any mobile messaging data you share with us as necessary to satisfy any law, regulation or governmental request, to avoid liability or to protect our rights or property.
  5. The Website may include a chat bot functionality intended to provide general FAQ data in a chat-like communicative manner. it is agreed and acknowledged that any communication or information provided through such functionality is provided as general assistance only and that these terms of use shall precede and govern any conflicting information provided through such chat-bot functionality.

 

6. LICENSE AND INTELLECTUAL PROPERTY

  1. Our Website provide you with comprehensive information regarding our services and the items we offer and their use, and may include additional related content, including, but not limited to, images, texts, logos, button icons, links, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”). Such Content is owned and controlled by the Company or by third parties (“Third-Party Sources”). We are not affiliated with and have no control over any Third-Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions, or practices of, any Third-Party Sources. Please read the terms of use and privacy policy of any Third-Party Source that you interact with before you engage in any such activity. Without derogating from any of the terms herein above, and to the maximum extent permitted by applicable laws, we disclaim any responsibility for any decision or action taken based on the Content provided on the Website, all of which are provided “as-is”.
  2. It is our desire and pleasure to hear from our customers and welcome your comments regarding our Products, including our Website, if you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as “Feedback”), the Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on our Website or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.
  3. We grant you a limited license to access and make personal use of the Website only for lawful purposes and in accordance with these Terms. Subject to your complete and ongoing compliance with these Terms, and the applicable app store, you have the right to install and use the App, solely in object code format, for your personal, non-commercial use on a single compatible mobile device that you own or control, for the purpose of accessing and using the Website in accordance with these Terms. Except as provided herein, all trademarks, service marks, and trade names that appear on the Website and the overall “look and feel” of the Website, including the Content, code, software, documentation, and any Feedback therein, is and shall remain EYEWIZ 2020 SA CORP intellectual property. You may not display, reproduce, or otherwise use the content or materials on the Website.
  4. We reserve the right, at any time, to perform any revisions to the Apps, included any change, upgrade or update of any feature available therein (“Updates”). The Company is not obligated to provide any notice regarding such Updates, in advance or otherwise and shall not be liable for any damages or any other effect resulting from the Updates. Please note that such Updates might be automatically installed.

 

7. RESTRICTIONS OF USE

You agree to only use the Website and place an order, as set forth in these Terms and according to applicable laws and regulations. You hereby acknowledge that are solely responsible for any of your actions which could reasonably be construed as a breach, or which may result in the breach of these Terms or applicable laws. You may not use the Website in a way that would disrupt the use of the Website for other users. We reserve the right to limit your use of the Website for any reason, at our sole discretion, including restricting your access to your Account. You hereby further agree that you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative works, circumvent, hack or gain unauthorized access to the Website or their systems and networks; (ii) sublicense, resell, rent, lease, assign, transfer any right, share, broadcast or otherwise commercially exploit or make the Website available to any third party, or any portion thereof; (iii) use the Website in any fraudulent or unlawful manner; (iv) assert any proprietary rights in or to the Website and the Content; (v) remove, obscure or alter any notices of proprietary rights, disclaimers or warnings that appear in the Website; (vi) use, access or attempt to access the Website via automated means; (vii) use the Company’s name, logo or trademarks without our prior written consent; or (viii) extract, collect or store personal data of other users without such users’ express consent. ANY USE OF THE WEBSITE IN A MANNER WHICH IS NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

 

8. PROMOTIONS

We aim to keep our Products as affordable as possible and often distribute coupons and coupon codes through various channels for that purpose. Please be aware that you are not permitted to combine coupons and coupon codes nor add them retroactively to your order. Any contests, sweepstakes, rebates, coupon codes, promo codes, payment plans, cashback, or other promotions (collectively, “Promotions”) may be governed by rules that are separate from these Terms. Unless otherwise stated, we reserve the right to terminate and changes the terms of any such Promotions at any given time without prior written notice. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Please be aware that Coupon codes cannot be applied to orders made using in-network insurance benefits.

 

9. CUSTOMER REVIEWS

  1. We enable the hosting, sharing, posting, and publishing of content provided by you and other users (collectively, “User Submissions”). Your User Submissions may be posted to our Website, used to send commercial marketing materials to you, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, or remove any and all User Submissions at any time and for any reason. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all intellectual property rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by these Terms. You retain all of your ownership rights in and to your User Submissions.
  2. We do not regularly review posted User Submissions but do reserve the right (but not the obligation) to monitor and edit or remove any User Submissions submitted to the Website. Subject to these Terms and to our Privacy Policy, by submitting User Submissions, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions only in connection with our Website, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user and Third-Party Source a non-exclusive right to use, copy, reproduce, distribute, disclose, prepare derivative works of, display and perform such User Submissions in accordance with these Terms.
  3. We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the Website as we reasonably believe is necessary to: (1) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (2) enforce these Terms, including investigation of potential violations of it, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to your user support requests, or (5) protect the rights, property or safety of us, our users or the public. You agree that you will not send, display, post, submit, publish or transmit a User Submission that: (1) is unfair or deceptive under the consumer protection laws of any jurisdiction; (2) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (3) creates a risk to a person’s safety, health, or property, creates a risk to public safety, health, or property, compromises national security, or interferes with an investigation by law enforcement; (4) impersonates another person; (5) promotes or involves illegal activities, terrorism, drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (6) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (7) constitutes an unauthorized commercial communication; (8) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; or (9) breaches these Terms.
  4. You understand and acknowledge that when accessing and using our Website: (1) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, correctness, usefulness, safety, relating to, such User Submissions; and (2) you may be exposed to User Submissions that are inaccurate, or that you may consider as offensive, indecent, or objectionable. You hereby waive, any legal or equitable rights or remedies you may have against us with respect to the foregoing subsection (1) and (2) above.

 

10. CLAIMS OF COPYRIGHT INFRINGEMENT

  1. We disclaim any responsibility or liability for copyrighted materials posted on our Website. If you believe that your Customer Submission has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
  2. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Website
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice (“Notice”) complying with the following requirements:

  1. Identify the copyrighted content that you claim has been infringed.
  2. Identify the content or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
  5. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  6. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  7. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent at .

 

11. TERMINATION

You agree that EYEWIZ 2020 SA CORP may terminate your access to the Website without prior notice and for any reason, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Website. Further, you agree that we shall not be liable to you or any third party for any termination of your access to our Website or deactivation or deletion of your account. These Terms remain in effect even after your access or account is terminated. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to EYEWIZ 2020 SA CORP, for which monetary damages would be inadequate, and you consent to EYEWIZ 2020 SA CORP obtaining any injunctive or equitable relief that [domain] deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies EYEWIZ 2020 SA CORP may have at law or in equity.

 

12. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company from any from any and all claims, damages, judgements, awards, losses, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to any violation of these Terms by you or your authorized users, or in connection with your use of, or inability to use, our Website or your purchases or placement or transmission of any message or information on our Website by you or your authorized users or your violation of any law or the rights of a third party or your User Submissions.

 

13. WEBSITE DISCLAIMER OF WARRANTIES

  1. EXCEPT AS PROVIDED UNDER THESE TERMS, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY: “COMPANY GROUP”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGRADING THE PLACEMENT OF ORDERS, OUR WEBSITE AND CONTENT, INCLUDING, BUT NOT LIMITED ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED, WHICH ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE AND YOUR RELIANCE ON ANY OF THE CONTENT PROVIDED THEREIN SHOULD BE DONE SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES WHICH MAY OCCUR (TO YOU OR A THIRD PARTY) AS A RESULT OF YOUR USE OF THE WEBSITE AND PLACEMENT OF ORDERS. WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A CUSTOMER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT. WE MAKE NO REPRESENTATION THAT THE CONTENT ON OUR WEBSITE IS APPROPRIATE OR AVAILABLE.
  2. WE DO NOT AND WILL NOT ACCEPT LIABILITY IN CASES WHERE CUSTOMERS PROVIDE US WITH PRESCRIPTIONS NOT SUITED TO THEIR PERSONAL CONDITION OR PRESCRIPTIONS WHICH ARE NO LONGER VALID IN ANY APPLICABLE JURISDICTION. WE ALSO RESERVE THE RIGHT TO NOT ACCEPT PRESCRIPTIONS THAT HAVE BEEN ISSUED MORE THAN TWO YEARS PRIOR TO THEIR SUBMISSION TO THE WEBSITE. WE HIGHLY DISCOURAGE CUSTOMERS FROM USING EYEGLASSES OR CONTACT LENSES THAT ARE NOT SUITED TO THEIR PRESCRIPTION AND ENCOURAGE YOU TO VISIT YOUR EYE DOCTOR AND OPTOMETRIST PERIODICALLY.

 

14. EYEGLASSES (MANUFACTURER) WARRANTY

All frames have a 365-day manufacturer’s warranty. The coverage does NOT include accidental damage from handling or damage from normal wear and tear. Please note it is the customer’s responsibility to return the glasses and provide us with the return shipping tracking information. Furthermore, a picture of the damage to the item is required for the warranty to be activated.

 

15. LIMITATION OF LIABILITY

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY GROUP, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST OF BUSINESS, REPUTATION, REVENUES, PROFITS, USE, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR PLACE AN ORDER), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER THESE TERMS OF USE OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, OR OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITES, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES OR LOSSES. FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL THE COMPANY GROUP’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT OF THE APPLICABLE PURCHASED ITEM. THIS LIMITATION OF LIABILITY DOES NOT INCLUDE LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  2. NOTWITHSTANDING THE ABOVE, IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, CONTENT, OR ANY FEATURE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE, CONTENT OR FEATURE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH THE MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES OF THE COMPANY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND.
  3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND [COMPANY NAME] THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND [COMPANY NAME] THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

 

16. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER PROVISION ARBITRATION AGREEMENT

  1. Please read this section carefully. It affects your rights. It requires you to arbitrate disputes with eyewiz2020.com and limits the way you can seek relief. It further provides that you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. This section of the Terms shall be referred to as the “Arbitration Agreement.”
  2. This section of the Terms shall be referred to as the “Arbitration Agreement.” We will try work in good faith to resolve any issue you have with us, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. You and the Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms, including items and services ordered or purchased through our Website shall be determined by binding arbitration on an individual basis rather than court, except that each party may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
  3. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery considering the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.
  4. By entering onto these Terms, you acknowledge that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company each waives the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and the Company.
  5. BY AGREEING TO ARBITRATION WITH EYEWIZ 2020 SA CORP (INCLUDING, WITHOUT LIMITATIONS, THE WEBSITE), YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING CLAIMS AGAINST EYEWIZ2020.COM (INCLUDING, WITHOUT LIMITATION, THE WEBSITE) ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING.
  6. If you desire to assert a claim against Company, and you therefore elect to seek arbitration, you must first send to Company, by e-mail, a notice of your claim (“Notice”). The Notice to Company should be addressed to: (“Notice Address”) and should state in the “subject line” of the e-mail “LEGAL NOTICE” in all capital letters. If Company desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
  7. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator.
  8. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules.
  9. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made before an arbitrator was selected (or if Company did not make a settlement offer before an arbitrator was selected), then Company will pay you the amount of the award or US $1,000, whichever is greater.
  10. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
  11. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
  12. If this Agreement to Arbitrate provision is found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for the state of Delaware.

 

17. MISCELLANEOUS

  1. Applicable law. Except as otherwise set forth in the arbitration section above, any claim relating to our Website, Products or Content shall be exclusively governed by the laws of the State of Delaware and the laws the United States of America applicable therein, without reference to any choice of law provisions. Except as otherwise set forth in the arbitration section above, any dispute arising from these Terms, our Services, or the Content, shall be brought before the competent courts of the State of Delaware.
  2. These Terms constitute the entire understanding and agreement between the parties with respect to the use of the Website. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under any circumstances. Failure by the Company to enforce any rights or to take any action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches.
  3. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion.
  4. Company shall not be liable to Customers for any failure, delay, or interruption in the performance of any of the terms or conditions contained in this Terms due to causes entirely beyond the control of the Company, including, without limiting the generality of the foregoing, strikes, boycotts, labor disputes, embargoes, acts of God, acts of public enemy, acts of governmental authority, floods and riots or rebellion.
  5. 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 us at 4815 NW 79TH AVE STE 11, MIAMI, FL 33166 or by telephone at +1 786 5091042 or email at . 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.

 

18. CONTACT US

EYEWIZ 2020 SA CORP.
Email:
Phone: +1 786 5091042
Postal mail: 4815 NW 79TH AVE STE 11, MIAMI, FL 33166

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