* TERMS OF SERVICE

Welcome! The following Terms of Service (TOS) govern your use of this website. You agree both to accept and to be bound these conditions whenever visiting or ordering. Please read and understand them fully.

YOUR ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify Lensfast LLC, its subsidiaries and affiliates of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. Lensfast LLC, its subsidiaries and affiliates cannot and will not be liable for any loss or damage arising from your failure, inability or unwillingness to comply with this or any other Section.

YOUR REGISTRATION AND ORDERING OBLIGATIONS

In consideration of your use of the website you represent that you are of legal age to form a binding contract and are not a person barred from receiving products and/or services under the laws of the United States or other applicable jurisdiction. You further state that when placing an order you are placing the order for yourself or another party with a current valid prescription for the exact lenses you have placed the order for and you understand and agree it is entirely your responsibility to enter the prescription being ordered accurately, correctly and in full; you further understand we assume no responsibility for orders placed incorrectly, inaccurately or not in full and that you agree to abide by our return policy *.You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the website's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lensfast LLC, its subsidiaries and affiliates (Lensfast LLC) has reasonable grounds to suspect that any such information is untrue, inaccurate, not current or incomplete, Lensfast LLC has the right to suspend any and all current or future use of the website (or any portion thereof) and/or terminate your account and/or to refuse service. You also agree to allow Lensfast LLC to cancel orders you have placed anytime and at our complete and sole discretion.

* RETURN POLICY:
 

For thirty (30) days following the date of purchase you may return any unopened full boxes of contact lenses for any reason as long as the following conditions are met and with the exception of custom or color contact lenses which are not returnable unless defective. Due to health and safety reasons we cannot accept returns of opened boxes of contact lenses, that is the box the individual contact lenses come in as supplied by the manufacturer even if none of the individual contact lenses have been opened or boxes of contact lenses that are not in resalable condition or have otherwise been marked, damaged or written on including damage occuring during return shipping to us and for this reason returns to us should be sent insured. All purchases of custom contacts, that is a contact lens that is noted as custom on our website, are final unless they are defective. All returns are subject to a 15% restocking charge and orders shipped free may be charged shipping if the return brings the original order under the $49.99 free shipping limit. This restocking charge does not apply to defective or incorrectly ordered contacts that are reordered within 30 days of the return.

We allow returns of, as above, all unopened and resalable full boxes of contact lenses due to prescription change for ninety (90) days from the date of purchase, with the exception of custom or color contact lenses which are not returnable unless defective, provided the return consists of product that in normal use would extend beyond the ninety (90) day period from the date of purchase. Contact lenses returned due to prescription change are credited toward the same number of boxes in the new prescription. If the new prescription is for more expensive contacts an additional payment will be required to make up the difference or if the new prescription is for less expensive contact lenses the exchange will be for however many boxes are needed to fully cover the cost of the return. No refunds will be issued.

A return merchandise authorization (RMA) number is required before returning any product and full instructions that you agree to comply with will be issued at the time we issue the RMA. All returns sent without an RMA number or not in compliance with our return instructions will be refused. A copy of your receipt or packing slip must accompany your return. We are not responsible for returns we do not receive or returns that are damaged in shipping or are in any other way not received in resalable condition. Shipping charges are non-refundable and returns should be sent insured.

 

US MAIL UNINSURED SHIPPING

 

We offer as a shipping option US Mail Uninsured shipping at $4.95 for orders under $49.99 and free US Mail Uninsured shipping for orders over $49.99. As stated in the shipping selections this shipping method is UNINSURED. You must physically select a shipping method during the checkout process; an order cannot be completed otherwise. If you select either the Free US Mail Uninsured or US Mail Uninsured at $4.95 level of shipping whether on purpose or by mistake you fully understand and hereby agree to assume all responsibility for the order and package if lost, damaged, misdirected or misdelivered once a delivery confirmation number has been issued. You further agree by selecting free US Mail Uninsured or US Mail Uninsured $4.49 shipping to not hold us responsible in any way for any reason whatsoever if the order and package is lost, damaged, stolen, misdirected or misdelivered once a US Mail delivery confirmation number has been issued.

 

INSURED SHIPPING

 

We offer Insured Shipping as a shipping option. Insured Shipping is strictly for loss or damage in transit only. Once an order is delivered the insurance coverage ends. We are not responsible for loss or damage incurred after delivery for any reason whatsoever. Please be advised you, the customer, determine where your order is shipped and it is strictly your responsibility to have your order sent to a secure location that is not exposed to theft or weather be it rain, wind, snow, hail, ice or temperature extremes either hot or cold of any kind. We are not responsible for contacts that are frozen due to exposure to the elements. If you are shipping contacts US Mail to an outside mailbox in winter and will not be home please be advised it is quite likely your contacts may freeze and as such if damaged this is considered damage after delivery and we will not be held responsible and shipping insurance does not cover damage once delivered.

 

LINKS

The Service may provide, or third parties may provide links to other World Wide Web sites or resources. Because Lensfast LLC, its subsidiaries and affiliates (Lensfast LLC) has no control over such sites and resources you hereby acknowledge and agree that Lensfast LLC is not responsible for the availability of such external sites or resources and does not endorse and is 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 Lensfast LLC 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 such Content, advertising, goods or services available on or through any such site or resource.

DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, manufacturers and/or advertisers found on or through the website, including rebates, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such manufacturers and/or advertisers. You agree that Lensfast LLC, its subsidiaries and affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such manufacturers and/or advertisers on the website.

COPYRIGHT AND TRADEMARKS
You may download, display or print information from this website (the "Information") solely for non-commercial personal use. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the website for public or commercial purposes, including any text, images, audio, and video without written permission of Lensfast LLC, its subsidiaries and affiliates (Lensfast LLC). You should assume that everything you see or read on this website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the website without the written permission of Lensfast LLC. Lensfast LLC neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Lensfast LLC. With the exception of the foregoing limited authorization, no license to or right in any copyright of Lensfast LLC or of any other party is granted or conferred to you. The Lensfast LLC website may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Lensfast LLC and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Lensfast LLC and/or other parties is granted to or conferred upon you and any violations will be prosecuted to the full extent of all and any applicable law.

DISCLAIMER OF ADVICE

All content contained in this web site is provided by Lensfast LLC, its subsidiaries and affiliates (Lensfast LLC) as a service to its customers only. Health and/or any related or unrelated information supplied through this website and/or by any of our employees, agents or any other party whom or whatsoever whether by e-mail, letter, telephone, facsimile or all/any other form of communication is for general guidance and/or informational purposes only and does not constitute medical or any other professional advice in any way, shape or form whatsoever. 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 diagnosis, medical advice, care or treatment. All specific medical questions you have about your diagnosis, medical advice, care or treatment should be presented to your own professional health-care provider. You should never delay in seeking or disregard medical advice because of something you have seen or read on or through this web site. Further it is important that you do not base or make medical decisions of any kind without first consulting your personal physician or other health-care professional.

To the full extent permissible by applicable law Lensfast LLC and its consultants, medical advisers and staff (Collectively Lensfast LLC) exclude and disclaim all warranties with respect all services, information and products contained in this website, expressed or implied, including but not limited to, any fitness for a particular purpose, any warranties of merchantability, and non-infringement. Lensfast LLC does not operate, control, assume responsibility for or endorse, any treatment, method, product, brand, information, service or services on the web site, in any way. You acknowledge, by your use of this web site, that your use of this web site is at your sole risk and that you hereby agree to assume full responsibility for all risk associated with any of your use of this web site. The receipt and/or our use of any feedback or questions you submit to us in no way creates a professional relationship nor does it create any privacy interests other than those described in our Privacy Policy *.

RESELLING

You are absolutely prohibited in any manner from reselling any products and/or services you purchase from Lensfast LLC, its subsidiaries and affiliates whether you purchased the products through the website or by any other means.

INDEMNITY

You agree to indemnify and hold Lensfast LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensor's harmless from any claim or demand, including reasonable attorney's fees, made by you or any third party due to or arising out of your use of the website, your connection to the website, your violation of the TOS or your violation of any rights of another.

ENTIRE AGREEMENT

The TOS constitutes the entire agreement between you and Lensfast LLC, its subsidiaries and affiliates and governs your use of the website, superseding any prior agreements between you and Lensfast LLC with respect to the website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Lensfast LLC or affiliate services or third party products and/or services or use and/or participate in any other such product and/or services.

CHOICE OF LAW AND FORUM

The TOS and the relationship between you and Lensfast LLC, its subsidiaries and affiliates (Lensfast LLC) shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions. You and Lensfast LLC hereby agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Wyoming.

WAIVER AND SEVERABILITY OF TERMS

The failure of Lensfast LLC, its subsidiaries and affiliates to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.

NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY

You agree that your information on the website is non-transferable and any rights to your information within your account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated and all information therein permanently deleted.

STATUE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim, claims or cause of action(s) arising out of or related to use of the website or the TOS must be filed within one (1) year after such claim, claims or cause of action(s) arose or be forever prohibited from filing or cause to be filed any said claim, claims or action(s).

 

 

CHANGES IN TERMS OF SERVICE

We may modify or terminate our products and/or services at anytime for any reason and without notice, including the right to terminate or modify with or without notice, without liability to you or any other user or third party whatsoever. You hereby agree we reserve the right to modify these Terms of Service at any time without notice. You agree to review these Terms of Service each and every time you visit or order so that you will be apprised of any changes.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Updated October 22, 2011

* PRIVACY POLICY

Information we collect and how we use it:

We offer services that do not require you to register for an account or provide any personal information to us. In order to provide our full range of services, we may collect the following types of information:

Contactlens.com Cookies - When you visit Contactlens.com we send one or more cookies, a small file containing a string of characters, to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences, tracking user trends, identifying products you have selected for purchase and checking out. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent, however some Contactlens.com features and services may not function properly if your cookies are disabled.

User communications - When you send email or other communication to Contactlens.com we may retain those communications in order to process your inquiries, respond to your requests and improve our services. You hereby acknowledge and agree any and all emails received become property of Lensfast LLC and may be used in any manner consistent with all Laws currently in effect at the time of reception and may be be used in any legal manner including but not limited to promotional materials for display on the this or other websites or otherwise.

Other sites - This Privacy Policy applies to web sites and services that are owned and operated by Lensfast LLC. We do not exercise control over the sites displayed as links from within our service. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

Information sharing:

Lensfast LLC only shares personal information with other companies or individuals outside of Lensfast LLC in the following limited circumstances:

We may from time to time use outside vendors to fulfill sales as well as provide shipping and delivery services.

We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information or fulfilling orders on both our and your behalf. We require that these parties agree to process such information in compliance with this Policy and any other appropriate confidentiality and security measures.

We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service * including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Lensfast LLC, its users or the public as required or permitted by law.

If Lensfast LLC becomes involved in a merger, acquisition, or any form of sale of any or all of its assets we will make a good faith effort to provide notice before personal information is transferred and becomes subject to a different privacy policy however we cannot guarantee we will be able to contact any or all individuals involved.

We may share with third parties certain pieces of "Aggregate non-personal information," this is information that is recorded about users and collected into groups so that it no longer reflects or references an individually identifiable user such as the number of users who searched for a particular product or how many users clicked on a particular product. Such information does not identify you individually.

Information security:

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to Lensfast LLC employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data integrity:

Lensfast LLC processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and updating personal information:

When you use Lensfast LLC's services we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Changes to this policy:

Please note that this Privacy Policy may change from time to time. Every version of this Policy will be identified at the top of the page by its effective date. If you have any additional questions or concerns about this Policy please feel free to contact us any time through this web site.

 

Updated January 1, 2011