Website User Agreement
This Website User Agreement (the “Agreement”) between you and TUS OJOS EYECARE details the terms and conditions of your permitted use of this website and associated mobile applications (the “Website”). The Website is designed as a shopping and informational resource.
Your use of all or any portion of the Website, including, but not limited to, downloading information or ordering any product from this Website, signifies your recognition of the reasonableness of these terms and your express agreement to be bound by them. If you choose to continue using or accessing this Website after having had the opportunity to read the Terms, you acknowledge that TUS OJOS EYECARE has provided valuable consideration by offering this Website for free, and in exchange for that valuable consideration, you agree to the Terms herein. If you do not agree to any or all of these terms, you are instructed not to access or use the Website, as your use will be conclusively presumed to represent your agreement to be bound by the following terms. THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.
Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You grant us the right to continue sending such emails until you specifically notify us that you wish to stop receiving emails from the Company.
Mobile Terms and Conditions
You may opt-in to receive marketing notifications from TUS OJOS EYECARE via your mobile device. Message frequency may vary. Message and data rates may apply.
By opting-in to this service, you agree to receive mobile text alerts to the phone number you provided. Consent to receive marketing text messages is not a requirement of purchasing goods or services.
By registering, you confirm that you are over the age of 13.
Supported Carriers
The supported carriers are:
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – South Central Comm, Rina – Syringa, Rina – UBET, Rina – Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not responsible for delayed or undelivered messages.
Your privacy is important to us. Please visit our Privacy Policy for more information.
Trademarks and Domain Names
The trade names, logos, service marks, trade dress, and domain names (collectively, the “Trademarks and Domain Names”) appearing on the Website are registered and unregistered Trademarks and Domain Names of TUS OJOS EYECARE and its subsidiaries, as well as other companies. TUS OJOS EYECARE’s Trademarks and Domain Names may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All trademarks and domain names not owned by TUS OJOS EYECARE or its affiliates that appear on the Website are the property of their respective owners.
Copyrights
The text, images, graphics, button icons, logos, audio and video clips, and software (collectively, the “Content”) on this Website are the property of TUS OJOS EYECARE, its related entities, or its suppliers, and are specifically protected by the copyright laws of the United States of America and international treaties. Your use of this Content is restricted to personal and non-commercial purposes. Any reproduction, distribution, transmission, modification, publication, transmission or any other exploitation of the Content, design, layout, or other individual elements of this Website without the express written consent of TUS OJOS EYECARE is strictly prohibited and may constitute a violation of property rights. You should be aware that TUS OJOS EYECARE is very protective of its property. Requests for consent for prohibited use of this Website are rarely granted; however, if you have a reasonable request, we will certainly consider it. This does not mean that we will give our consent, but we will consider it. Remember, ask before you act, as any of the uses described above without our express written consent is strictly prohibited. To request such permission or for more information, please contact us or send us an email.
Disclaimer
THIS DISCLAIMER (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE WEBSITE.
THIS DISCLAIMER SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
THIS DISCLAIMER DOES NOT APPLY, FOR EXAMPLE, TO THE PURCHASE OF ANY TUS OJOS EYECARE PRODUCT OR SERVICE.
THIS DISCLAIMER DOES NOT APPLY, FOR EXAMPLE, TO THE PURCHASE OF ANY TUS OJOS EYECARE PRODUCT OR SERVICE.
THE CONTENT OF THIS SITE IS PROVIDED BY TUS OJOS EYECARE AS A SERVICE TO ITS CUSTOMERS. THE INFORMATION PROVIDED ON THIS SITE IS FOR INFORMATIONAL PURPOSES.
TUS OJOS EYECARE DOES NOT OFFER THIS WEBSITE, IN WHOLE OR IN PART, FOR SALE. THESE TERMS ARE NOT A CONTRACT OF SALE, AND THIS WEBSITE IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THIS WEBSITE IS PROVIDED FREE OF CHARGE.
THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE OR DIAGNOSIS SHOULD BE DIRECTED TO YOUR EYE CARE PROFESSIONAL.
UNLESS EXPRESSLY AND INCONTROVERTIBLY STATED TO THE CONTRARY, TUS OJOS EYECARE DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE.
THE INFORMATION, SERVICES AND PRODUCTS CONTAINED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. TUS OJOS EYECARE, AS WELL AS ALL OWNERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES AND PRODUCTS CONTAINED ON THIS SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree that our only obligation to you is to provide the Website as is. You agree that unless we do something that is (a) gross negligence, recklessness or a willful and intentional act of misconduct or (b) a violation of a consumer protection statute in connection with the Website, we will not be liable to you or any third party for your use of the Website.
Limitation of Liability
THIS LIMITATION OF LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE. IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (i) YOUR USE OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY OTHER MATTER RELATING TO THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Your Conduct
No conduct on your part that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Site will be permitted. You agree to use the Site only for lawful purposes.
You are prohibited from posting or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racial, ethnic, or otherwise objectionable material, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site unless you first obtain the express written consent of the Company to do so. You agree not to access the Site by any means other than through the interface that we provide for you to access the Site.
Our Rights
We may choose to electronically monitor areas of the Site and may disclose any Content, records, or electronic communications of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of users. We are not responsible for filtering, monitoring, editing, or reviewing such Content. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe violates any applicable law or is harmful to the interests of another user, a third party, or us. Because customer service is paramount to our business, we reserve the right to refuse the sale of products if it seems reasonable to us that you intend to resell them. In addition, we reserve the right to limit the quantities of items purchased by each customer.
Use by Minors
This Website is not directed to or intended for use by persons under the age of 18. By using the Website, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years old, do not use, access, or register on the Website. TUS OJOS EYECARE reserves the right to terminate your membership in the event that TUS OJOS EYECARE becomes aware that you are under the age of 18.
Submissions
We are happy to hear from our customers and welcome your comments regarding our products or services, including the Site. If you submit any comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, “Submissions”), the Submissions will be considered and will remain our property. None of the Submissions will be subject to any obligation of confidentiality on our part, and we will not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you agree that we will own exclusively and hereby assign to us without compensation or further obligation all rights now known or in the future in the Submissions of all kinds and nature throughout the universe and will be entitled to the unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and use the Submission, including the suggestions, ideas, etc. contained herein. If you would like to edit or delete a posted Submission, please email us.
Governing Law
By visiting this web site, you agree that the laws of the state of [State where your business is located], without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any kind that may arise between the parties.
Disputes
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE WAY YOU CAN SEEK RELIEF. THIS DISPUTES SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
Any dispute relating in any way to your visit to this website or to products you purchase from us shall be submitted to arbitration in the state of [State where your business is located], except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive relief or other appropriate relief in any state or federal court in the state of [State where your business is located], and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. You agree that any dispute shall be submitted exclusively to arbitration in the state of [State where your business is located] under the rules of the American Arbitration Association and that the decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. If for any reason the American Arbitration Association is unable or unwilling to hear the arbitration, you and we agree to binding arbitration before an arbitrator appointed by the court.
To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You and we agree to resolve any disputes on an individual basis and not to bring or participate in any class action or collective action, including but not limited to class arbitration.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Terms and Conditions of Use
These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern your use of this free website. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use 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 of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Terms and Conditions – Sale of Contact Lenses
Please read the following Terms and Conditions carefully before submitting your order.
YOU CONFIRM THAT YOU HAVE READ AND AGREE TO ALL OF THE FOLLOWING CONDITIONS:
You must have a valid and current prescription for any contact lenses or prescription eyewear that you are ordering, issued by a duly licensed eye care professional located in the US.
You have not been advised by an eye care professional to discontinue or suspend the use of contact lenses for any medical reason.
You will continue to have regular eye examinations by a licensed eye care professional.
You will limit your contact lens wearing schedule to the recommended wearing schedule established by your eye care professional, and will not exceed this recommended schedule, as this can lead to serious eye health complications.
You understand that you must properly care for your contact lenses as instructed by your eye care professional. Before using your contact lenses, you agree to carefully review all instructions and information provided by your eye care professional and/or by the contact lens manufacturer.
You should never share your contact lenses with anyone. Contact lenses are classified as prescription medical devices by the FDA. Sharing them can also lead to serious eye health complications and spread infectious diseases.
If you experience any unexplained eye discomfort, watering, vision changes, or redness, you will remove your lenses immediately and consult your eye care professional before using them again.
Health Insurance Portability and Accountability Act of 1996 (HIPAA). You grant us permission to share your contact lens prescription information and/or your address information with Manufacturers and Distributors for the express purpose of fulfilling your order. You also grant us permission to verify the information you have provided with your eye doctor and to authorize your eye doctor to release it to us. WE WILL NEVER release any private information about you to anyone outside of our company for any purpose other than as provided for by HIPAA or as stated above.
**You agree that we may communicate