*TERMS OF SERVICE
The following Terms of Service (TOS) govern your use of this website.
PLEASE CAREFULLY READ THESE TERMS BEFORE PROCEEDING TO ACCESS OR IN ANY WAY USE THIS WEBSITE. THESE TERMS APPLY TO ALL USERS OF THIS WEBSITE REGARDLESS OF WHETHER OR NOT YOU HAVE REGISTERED.
If you do not want to agree to be legally bound by these terms PLEASE DO NOT access or use this Website.
In order to register, you affirm that you are at least 18 years old.
Please also note all posts are public, so please post only that information that you intend to be read by the public.
By registering, you agree to release Lensfast LLC from all claims that you might have arising from your use of our Website.
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.
For thirty (30) days following the date of purchase you may return any boxes of contact lenses for any reason whatsoever as long as the following conditions are met: Due to health and safety reasons we cannot accept returns of opened boxes of contact lenses, that is the box that contains the individual contact lenses 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, that have been marked, damaged or written on. All purchases of custom contacts, that is a contact lens that is noted as custom on our website, and color contact lenses are final unless they are defective. We warrant contact lenses for up to 6 months from the date of purchase, if a contact lens proves defective within 6 months of the date of your order we will either replace the lens or issue a refund for the amount of the lens. Torn contact lenses are not considered a defect by the manufacturers and cannot be replaced. Orders returned complete are subject to a 15% restocking charge, partial returns the higher of either a 15% restocking charge or a proportionate reversal of the per box discount if the order was originally given a discount for purchasing additional boxes. The 15% restocking charge will be waived, that is there will be no restocking charge deducted for returns that are reordered prior to issue of a return merchandise authorization (RMA) number with the exception of 30 or 90 pack boxes of contact lenses.
A return merchandise authorization (RMA) number is required before returning any product. All returns sent without an RMA number or not in compliance with our return instructions will be refused. 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 and for this reason we suggest insuring all returns. Shipping charges are non-refundable. We do not accept returns from APO addresses, all orders sent to APO addresses are final.
US MAIL UNINSURED SHIPPING
We offer as a shipping option US Mail Uninsured shipping. 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 US Mail Uninsured 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, mis-directed or mis-delivered once a delivery confirmation number has been issued. You further agree by selecting US Mail Uninsured shipping to not hold us responsible in any way for any reason whatsoever if the order and package is lost, damaged, stolen, mis-directed or mis-delivered once a US Mail delivery confirmation number has been issued.
We offer Insured Shipping as a shipping option. Insured Shipping is strictly for loss or damage in transit only. Once tracking shows an order 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 your responsibility to have your order sent to a secure location not exposed to theft or weather be it rain, wind, snow, hail, ice or temperature extremes either hot or cold. We are not responsible for contacts that are damaged due to exposure to the elements once delivered. 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 shipping insurance does not cover damage once delivered.
LINKS, OTHER WEBSITES AND/OR MATERIALS
We may post links to other website(s) on our Website. These links are provided as a courtesy to our Website visitors. Because Lensfast LLC has no control over linked websites and resources you hereby acknowledge and agree that Lensfast LLC is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, advertising, goods or services or other materials on or available from such websites 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, information, advertising, goods or services or other materials on or available from such websites or resources.. Lensfast LLC reserves the right to terminate any link at any time.
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.
All materials and information available on the Website are protected by copyright. These materials are owned or controlled by Lensfast LLC or licensed to Lensfast LLC by a third party 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.
If you download any downloadable materials, you cannot modify them in any way and you must abide by all copyright, trademark and other notices in such materials. You may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained on this Website. It is strongly advised that you do not upload any third party materials to our Website without third party authorization (other website or website content, articles, links, text, images, videos, etc.) as most third party published materials are likewise subject to copyright and other protections.
The trademarks, service marks, trade names, trade dress and product names featured on this Website are trademarks of Lensfast LLC, its affiliates, related companies or its licensors, unless otherwise noted. Lensfast LLC’s trademarks may be used publicly only with permission.
ACCURACY OF INFORMATION
Lensfast LLC strives to accurately describe its products and provide updated information on our Website. However, Lensfast LLC does not warrant that product descriptions and information on the Website are complete or free from error.
DISCLAIMER OF MEDICAL AND'OR GENERAL ADVICE
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.
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.
1. Arbitrable Claims. Except as otherwise specified below, all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between Lensfast LLC and The Consumer; (c) any act committed by Lensfast LLC or by any parent company, subsidiary or affiliated company of Lensfast LLC (the "Lensfast LLC Companies"), or by any employee, agent, officer or director of a Lensfast LLC Company whether or not arising within the scope and course of employment or other contractual representation of the Lensfast LLC Companies provided that such act arises under a relationship, transaction or dealing between Lensfast LLC and The Consumer; and/or (d) any other relationship, transaction or dealing between Lensfast LLC and The Consumer (collectively the "Disputes"), will be subject to and resolved by binding arbitration. Notwithstanding the foregoing, the parties agree that either party may pursue claims against the other that do not exceed Fifteen Thousand Dollars ($15,000) in the aggregate in a court of competent jurisdiction. Service of arbitration claims shall be acceptable if made by U.S. mail or overnight delivery to the address for the party described herein.
2. Administrative Body. All arbitration hereunder will be conducted in accordance with the Commercial Arbitration Rules of either: (a) The American Arbitration Association ("AAA"); or (b) United States Arbitration & Mediation (“USA&M”). The party first filing an arbitration claim shall designate which arbitration forum and rules are to be applied for all disputes between the parties. The arbitration rules are found at www.adr.org for AAA, and at www.usam-midwest.com for USA&M. AAA claims may be filed in any AAA office. Claims filed with USA&M shall be filed in their Midwest office located at 720 Olive Street, Suite 2300, St. Louis, Missouri 63101. All arbitrator(s) selected will be attorneys with at least five (5) years secured transactions experience. A panel of three arbitrators shall hear all claims exceeding One Million Dollars ($1,000,000), exclusive of interest, costs and attorneys’ fees. The arbitrator(s) will decide if any inconsistency exists between the rules of the applicable arbitral forum and the arbitration provisions contained herein. If such inconsistency exists, the arbitration provisions contained herein will control and supersede such rules. The arbitrator shall follow the terms of this agreement and the applicable law, including without limitation, the attorney client privilege and the attorney work product doctrine.
3. Hearings. Each party hereby consents to a documentary hearing for all arbitration claims, by submitting the dispute to the arbitrator(s) by written briefs and affidavits, along with relevant documents. However, arbitration claims will be submitted by way of an oral hearing, if any party requests an oral hearing within forty (40) days after service of the claim, and that party remits the appropriate deposit for AAA/USA&M’s fees and arbitrator compensation within ten (10) days of making the request. The site of all oral arbitration hearings will be in the Division of the Federal Judicial District in which AAA or USA&M maintains a regional office that is closest to The Consumer.
4. Discovery. Discovery permitted in any arbitration proceeding commenced hereunder is limited as follows. No later than forty (40) days after the filing and service of a claim for arbitration, the parties in contested cases will exchange detailed statements setting forth the facts supporting the claim(s) and all defenses to be raised during the arbitration, and a list of all exhibits and witnesses. No later than twenty-one (21) days prior to the oral arbitration hearing, the parties will exchange a final list of all exhibits and all witnesses, including any designation of any expert witness(es) together with a summary of their testimony; a copy of all documents and a detailed description of any property to be introduced at the hearing. Under no circumstances will the use of interrogatories, requests for admission and requests for the production of documents or the taking of depositions be permitted. However, in the event of the designation of any expert witness(es), the following will occur: (a) all information and documents relied upon by the expert witness(es) will be delivered to the opposing party; (b) the opposing party will be permitted to depose the expert witness(es); (c) the opposing party will be permitted to designate rebuttal expert witness(es); and (d) the arbitration hearing will be continued to the earliest possible date that enables the foregoing limited discovery to be accomplished.
5. Confidentiality of Awards. All arbitration proceedings, including testimony or evidence at hearings, will be kept confidential, although any award or order rendered by the arbitrator(s) pursuant to the terms of this Agreement may be confirmed as a judgment or order in any state or federal court of competent jurisdiction within the federal judicial district which includes the residence of the party against whom such award or order was entered. This Agreement concerns transactions involving commerce among the several states. The Federal Arbitration Act, Title 9 U.S.C. Sections 1 et seq., as amended ("FAA") will govern all arbitration(s) and confirmation proceedings hereunder.
6. Prejudgment and Provisional Remedies. Nothing herein will be construed to prevent Lensfast LLC’s or The Consumer's use of bankruptcy, receivership, injunction, repossession, replevin, claim and delivery, sequestration, seizure, attachment, foreclosure, and/or any other prejudgment or provisional action or remedy relating to any Collateral for any current or future debt owed by either party to the other. Any such action or remedy will not waive Lensfast LLC’s or The Consumer's right to compel arbitration of any Dispute.
7. Attorney’s Fees. If either The Consumer or Lensfast LLC brings any other action for judicial relief with respect to any Dispute, the party bringing such action will be liable for and immediately pay all of the other party's costs and expenses (including attorneys' fees) incurred to stay or dismiss such action and remove or refer such Dispute to arbitration. If either The Consumer or Lensfast LLC brings or appeals an action to vacate or modify an arbitration award and such party does not prevail, such party will pay all costs and expenses, including attorneys' fees, incurred by the other party in defending such action. Additionally, if The Consumer sues Lensfast LLC or institutes any arbitration claim or counterclaim against Lensfast LLC in which Lensfast LLC is the prevailing party, The Consumer will pay all costs and expenses (including attorneys' fees) incurred by Lensfast LLC in the course of defending such action or proceeding.
8. Limitations. Any arbitration proceeding must be instituted: (a) with respect to any Dispute, within one (1) year after the date the last payment by or on behalf of the payor was received and applied by the payee; and (b) with respect to any other Dispute, within one (1) year after the date the incident giving rise thereto occurred, whether or not any damage was sustained or capable of ascertainment or either party knew of such incident. Failure to institute an arbitration proceeding within such period will constitute an absolute bar and waiver to the institution of any proceeding, whether arbitration or a court proceeding, with respect to such Dispute.
9. Survival After Termination. The agreement to arbitrate will survive the termination of this Agreement.
10. INVALIDITY/UNENFORCEABILITY OF BINDING ARBITRATION. IF THIS AGREEMENT IS FOUND TO BE NOT SUBJECT TO ARBITRATION, ANY LEGAL PROCEEDING WITH RESPECT TO ANY DISPUTE WILL BETRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE WITHOUT A JURY. THE CONSUMER AND Lensfast LLC WAIVE ANY RIGHT TO A JURY TRIAL IN ANY SUCH PROCEEDING.
11. Governing Law. This Agreement and all other agreements between The Consumer and Lensfast LLC have been substantially negotiated, and will be substantially performed, in the state of Wyoming. Accordingly, all Disputes will be governed by, and construed in accordance with, the laws of such state, except to the extent inconsistent with the provisions of the FAA which shall govern all arbitration proceedings hereunder. THIS CONTRACT CONTAINS BINDING ARBITRATION and JURY WAIVER PROVISIONS.
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.
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.
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 any time 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 February 11, 2017
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:
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.
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.
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.
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.
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:
Updated January 9, 2016