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Essilor

Terms of Use

These Terms of Use are effective as of December 2nd, 2013.

These Terms of Use are between you and Essilor of America, Inc. and its affiliated entities ("Essilor", "we" or "us"). These Terms of Use apply to Essilor’s digital platforms where they are posted, and set forth the terms and conditions upon which Essilor makes available the website or other digital platform, its contents, products and services to you (“Website”). Your checking a box that you agree to these Terms of Use or your use or browsing of the Website is an acknowledgement that you have read the most recent version of the Terms of Use and that you agree to its terms. If you do not agree to these Terms of Use, you cannot use the Website.

We may amend these Terms of Use at any time by posting a revised version on the Website. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting notice on the home page of the Website. Where appropriate, such as where you have set up an account, you will be asked to check a box that you agree to such revised version of the Terms of Use when you sign into your account. "Substantial Change" means a change to the terms of this Terms of Use that reduces your rights or increases your responsibilities.

This is an important document which you must consider carefully when choosing whether to use this Website. Please be advised: These Terms of Use contain provisions that govern how claims you and Essilor have against each other are resolved (see Section 17 “Disputes with Essilor” below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to confidential, binding and final arbitration. You will only be permitted to pursue claims against Essilor on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

  1. Privacy.
    Essilor’s use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms of Use.

  2. Registration, Password and Security.
    Whenever you provide us with information, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to the Website and refuse any and all current or future use of the Website (or any portion thereof).
    Some portions of our Website may require you to register to open an account. You will be asked to choose a password and a user name or screen name. Please select a password that would not be obvious to someone trying to guess your password. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password and/or account identification. You agree to immediately notify Essilor of any unauthorized use of your password or account or any other breach of security. Essilor reserves the right to take any and all action, as it deems necessary or reasonable, to help ensure the security of the Website and your account, including without limitation terminating your account, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Essilor may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Essilor be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Essilor under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time.

  3. License.
    Conditioned upon your acceptance of these Terms of Use, Essilor grants you a limited, revocable non-exclusive license to access, use and display the Website. You may download and print the material on the Website, and use and display the Sites solely for your personal use, and for no other purposes unless specifically stated otherwise. All rights not expressly granted are reserved.

  4. Online Community.
    This Website may offer opportunities to provide ratings, reviews, participate in an online forum, blog or other service ("collectively", the "Online Community") in which your comments are available to other users of the Online Community. You must be 18 to participate in our Online Community. If you choose to participate in our Online Community, as allowed for the particular Online Community, you may (i) post truthful and accurate ratings, reviews, comments, photos, and other content; (ii) send emails and other communications; and (iii) submit suggestions, ideas, comments, questions or other information (collectively “Online Content”), so long as the Online Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violates the Terms of Use, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, email addresses, URLs, phone numbers, physical addresses or other forms of contact information, chain letters, mass mailings, or any form of "spam.:
    You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Online Content. Your conduct should be guided by common sense and basic etiquette. You must disclose if you were provided with a product, prize or compensation in connection with your posting of any Online Content. You must also disclose if you are an employee, vendor, or supplier or are otherwise connected to Essilor or one of its affiliates if you are writing about any product or service of Essilor in your Online Content. Any opinions, advice, statements, or other information provided or made available by third parties in the Online Community are those of the respective authors and not of Essilor. You agree that you are responsible for any Online Content that you post or submit that you make, and for any consequences thereof. Essilor has the right, but not the obligation, to monitor, edit, to not post and/or to remove any Online Content. By submitting Online Content, I am waiving the benefit of any provision of law known as “moral rights” or similar laws.

  5. License for Online Content and Indemnity.
    If you do post or submit Online Content, and unless we indicate otherwise, you grant Essilor a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media or format, now known or hereinafter devised. You grant Essilor and its sublicensees the right to use the screen name or other name that you submit in connection with such Online Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Online Content that you post or submit; that the Online Content is accurate; that use of the Online Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify and hold harmless Essilor for all claims resulting from Online Content that you post or submit. Essilor takes no responsibility and assumes no liability for any Online Content posted by you or any third party.

  6. Prohibited Conduct.
    You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the Website. By doing so, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use the content of such communication in any manner whatsoever. You also agree not to: (1) access or attempt to access any information, documents or material that you are not authorized to access through any means not intentionally made available through the Website; (2) Disrupt or interfere with the security or, or otherwise cause harm to, the Website, including, without limitation, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked websites; (3) Access or use the Website in any manner that could damage, disable, overburden or impair any Essilor server and/or server used by Essilor in connection with the Website or any network(s) connected to any Essilor server and/or server used by Essilor in connection with the Website; (4) Use any material or documents in any manner that infringes any intellectual property rights or other rights of any party; (5) Transmit unsolicited or bulk communications to any Essilor account holder or to any Essilor affiliated e-mail address; (6) Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (7) Create a false identity for the purpose of misleading others; (8) Disrupt, interfere or inhibit any other user from using and enjoying the Website or other affiliated or linked websites, material, documents or services; (9) Violate any applicable laws or regulations related to the access to or use of the Website, and/or any portion thereof, and/or engage in any activity prohibited by these Terms of Use; (10) Prepare, compile, use download or otherwise copy any user information and/or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (11) Engage in any chain letters, contests, junk e-mail pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (12) Violate the rights of Essilor or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; (13) Use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from this Website or otherwise monitor or copy any portion of the Website; and/or (14) Use any Essilor domain name as a pseudonymous return email address.

  7. Shipping.
    Delays resulting from the carrier will be handled in a timely manner but are not the responsibility of Essilor. Failure to input any part of your address will cause delays in your shipment. Essilor reserves the right not to refund or exchange products that were shipped to an address that was missing information consequently making them undeliverable.

  8. Product Descriptions.
    We have made every effort on the Website to display the dimensions, features and colors of our products as accurately as possible. However, the colors you see in our products will depend on your monitor. We cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free.

  9. Typographical Errors.
    In the event that a product or service listed on this Website is mistakenly listed at an incorrect price, Essilor reserves the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. Essilor reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Essilor will issue a credit to your credit card account in the amount of the incorrect price paid.

  10. Links to other Websites.
    This Website may contain links to other websites not operated by Essilor. The links are provided for your convenience. The inclusion of any links to other websites does not imply endorsement by Essilor of those sites or the contents. Essilor is not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to this Website is at your own risk.

  11. Links to the Website.
    You are expressly prohibited from framing or linking or otherwise using or displaying the Website in such a manner so that it appears to be part of your own or someone else's website. You shall not deep link to or scrape any page on the Website or otherwise link in a manner that bypasses the Website home page, and you shall not harvest email addresses from the Website.

  12. Copyrights and Trademarks.
    Essilor and other marks, logos, graphics, and trade dress used on the Website are Essilor’s trademarks or the trademarks of third parties, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All the materials and content contained on the Website are copyrighted except where explicitly noted otherwise and are protected under national laws and international treaties throughout the world. The Website may also contain material that is subject to the copyright rights of third parties.

  13. Digital Millennium Copyright Notice.
    Essilor respects the intellectual property rights of others, and asks you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Website in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Essilor’s designated agent for notice of copyright infringement is:

    Attn: Associate General Counsel

    Essilor of America, Inc.
    13555 N. Stemmons Freeway
    Dallas, TX 75234
    (214)496-4591
    phintergardt@essilorusa.com

  14. Disclaimer.
    THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED ON IT OR ANY WEBSITE RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND ESSILOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT OR WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. FURTHER, ESSILOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED ON IT OR ANY WEBSITE RELATED SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ESSILOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS OR INFORMATION ON THIS WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ITS CONTENT, INFORMATION AND WEBSITE RELATED SERVICES.

  15. Limitation of Liability.
    TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL ESSILOR, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND ITS SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, ESSILOR’S SERVERS, WEBSITE RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, CONTENT OR INFORMATION CONTAINED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR ESSILOR’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ESSILOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ITS CONTENTS, INFORMATION AND/OR WEBSITE-RELATED SERVICES IS TO STOP USING THE WEBSITE.

    APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

  16. Export Restrictions.
    Any software and all underlying information and technology downloaded from the Websites (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

  17. Disputes with Essilor. You and Essilor agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.

    1. Contact Essilor First.
      If a dispute arises between you and Essilor, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Please contact us regarding disputes between you and Essilor related to the Website, including, without limitation, its products and services.

    2. Applicable Law.
      You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Terms of Use and any claim or dispute that has arisen or may arise between you and Essilor, except as otherwise stated in this Terms of Use. You understand that the Website is directed only to residents of the United States.

    3. Agreement to Arbitrate.
      You and Essilor each agree that any and all disputes or claims that have arisen or may arise between you and Essilor, EXCEPT FOR A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, ESSILOR'S, OR EITHER OF OUR LICENSORS' INTELLECTUAL PROPERTY RIGHTS, shall be resolved exclusively through confidential, final and binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

      1. Prohibition of Class and Representative Actions and Non-Individualized Relief.
        YOU AND ESSILOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ESSILOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ESSILOR WEBSITE USERS.

      2. Arbitration Procedures.
        The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org.

        The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Essilor may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Essilor subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Essilor, unless the arbitrator requires otherwise.

        The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

      3. Costs of Arbitration.
        Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.

      4. Severability.
        With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then with respect to actions that would have been covered by subsection (a), the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms of Use, including all other provisions of Section 17 (Disputes with Essilor), will continue to apply.
         
    4. Future Changes to the Agreement to Arbitrate.
      Notwithstanding any provision in the Terms of Use to the contrary, you and Essilor agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Essilor prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms of Use, any such termination shall not be effective until 30 days after the version of the Terms of Use not containing the Agreement to Arbitrate is posted to this Website, and shall not be effective as to any claim that was filed in a legal proceeding against Essilor prior to the effective date of termination.

    5. Claims and Disputes Must Be Filed Within One Year.
      To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Website, including, without limitation, any Website related product, services, Online Content or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your successors and assigns.

    6. Indemnity.
      You agree to indemnify and hold harmless, Essilor, its employees, officers, representatives, suppliers or service providers from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of (i) your use of the Website, including, without limitation, any Website related service or content on the Website, including, without limitation, any information you provide to Essilor, Online Content or content submitted or transmitted by you via the Website; (ii) any use of any password chosen by or issued by you; (iii) any information you download or access from the Website; (iv) or your interference with the operation of the Website; and (v) any violation by you of these Terms of Use, any rights of any other person or entity, or any applicable laws, rules or regulations.

    7. Waiver.
      No delay or failure by Essilor to enforce any of the Terms of Use shall be a waiver of any or our rights under these Terms of Use.
       
  18. Entire Agreement.
    These Terms of Use are the entire understanding and agreement between Essilor and you with respect to the subject matter hereof.

  19. General.
    The invalidity or unenforceability of any provisions of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use is found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The headings used in this Terms of Use are for convenience only and are not a part of this Agreement nor affect the interpretation of any of its provisions.

STATEMENT ON SLAVERY AND HUMAN TRAFFICKING

Effective January 1, 2012, the California Transparency in Supply Chains Act of 2010 requires Essilor to disclose its efforts to eradicate slavery and human trafficking from its direct supply chain for tangible goods offered for sale.

Essilor sets a high bar for itself regarding sustainability, labor and employment, and it expects the same from its suppliers. Through its parent, Essilor International, Essilor adheres to numerous internally-established policies based on the Ten Principles of the United Nations Global Compact at http://www.unglobalcompact.org/. In addition, and among many other efforts, Essilor International belongs to five major Social Responsibility Indices: ASPI Eurozone, ECPO Ethical Index EURO, FTSE4Good, Dow Jones Sustainability Index (DJSI) and Ethibel Excellence. These initiatives behind these indices guide Essilor’s business practices, including its selection and retention of suppliers providing goods or services to its subsidiaries and affiliates worldwide. For more detailed information about Essilor International’s sustainability and transparency policies, see Appendix 3 to the 2010 Registration Statement, Seeing the World Better 2003, and Seeing the World Better 2006, each available to view and download at http://www.essilor.com/en/Group/Sustainable/Pages/Publications.aspx.

Based on the above description of Essilor’s policies and the efforts of Essilor International through numerous initiatives, Essilor has established robust practices and programs intended to promote global sustainability, as well as compliance with applicable laws regarding slavery and human trafficking in the countries in which Essilor does business.

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