Terms and Conditions
Terms & Conditions of Use
By using VIOPSYS (the “Program") and related services, you and all persons or entities who use the Program including, VIOPSYS.com, RetailEyewear.com, CollegeOpticalExpress.com, EyewearbyGiovanni.com, EyewearDelivery.com, SeniorEyewear.com and StoreEyewear.com. Open Network Exchange (collectively the “Program”) on your behalf (the "User") signify your agreement, and the agreement of all persons or entities who use the Program on your behalf, to all of these Terms and Conditions. Use of the Program indicates Users' agreement with all Terms and Conditions stated below.
User warrants and represents that he/she has actual and express authority to bind the entity for which he/she accepts these terms and that her entering into these terms and conditions of use is duly authorized by all necessary and appropriate entity action. Retail Eyewear Inc. may amend these Terms and Conditions of Use at any time by posting the amended terms on the Retail Eyewear Inc. website and any such amendments shall be effective immediately. By log in and continued use of the Program, User agrees to periodically review these Terms and Conditions of Use and shall continue to be bound by these Terms and Conditions as modified. These Terms and Conditions of Use may not be otherwise amended.
Content Disclaimer
Retail Eyewear Inc. makes every effort to ensure that all content and images on the webpages within the Program are reliable, trustworthy and accurate and that all products and services are safe. Content is provided for informational purposes only, and not intended to be a substitute for professional medical advice, diagnosis or treatment. User should not use this information to diagnose or treat a health problem. Please consult the User's healthcare provider for information specific to the User's condition or if a medical problem is suspected. The content provided on the webpages of the Program is not designed to promote or endorse a particular medical practice, program or agenda. Please report any informational or factual errors to webmaster@RetailEyewear.com. Retail Eyewear Inc. assumes no responsibility for misstatements made by any third party that have not been brought to our attention.
Use of Content
Retail Eyewear Inc. authorizes User to download a single copy of material on the webpages of the Program solely for personal, noncommercial use. Reproduction or reprinting or these materials is prohibited without the expressed permission of Retail Eyewear Inc. and its officers.
Product and Program Disclaimer
Retail Eyewear Inc. is not responsible for the accuracy of any claims made by the manufacturers, distributors, service provider, and/or suppliers of products or service sold within the Program. Before purchasing or using a product or service sold, advertised or promoted on VIOPSYS.com, User should carefully read all information provided by the manufacturer and consult with his/her healthcare provider. Never disregard professional medical advice or delay in seeking professional medical advice or treatment because of information obtained within the Program. Retail Eyewear Inc. is not responsible for the quality or delivery of products or service purchased within the Program, and makes no guarantees reported by manufacturers, distributors, Program providers, and/or suppliers.
Payment Terms
User input attests financial responsibility, ability and willingness to pay for all purchases and Program charges incurred, in accordance with the agreed upon terms with any Retail Eyewear Inc. supplier and/or Program provider.
Eligibility
The Program is available only to customers, service providers, distributors, manufacturers, and suppliers who can enter into legally binding contracts under applicable law for legitimate business purposes as further limited below with an e-mail address and one of the browsers specified on the webpages of the Program. If User does not qualify under the foregoing, User may not use the Program. Retail Eyewear Inc. makes no representation that the materials and services available on the Program are appropriate or available for use in locations outside the United States, and accessing them from territories where they are illegal is prohibited. If User accesses the Program from outside of the United States, he/she does so at her own risk and is responsible for compliance with the laws of her jurisdiction.
Retail Eyewear Inc. Is Strictly A Portal
The Program and the webpages therein, act as an electronic portal for customers, service providers, distributors, manufacturers, and suppliers. Through our best efforts, information posted on the webpages of the Program is intended to be accurate but may contain typographical errors. Retail Eyewear Inc. makes no representations about the accuracy, reliability, completeness, or timeliness of information and services contained on, distributed through, or linked, downloaded or accessed from the webpages of the Program and makes no representations whatsoever about the information posted on the webpages of the Program or products or services obtained as a result of an advertisement or any other information or offer in or in connection with the Program. Retail Eyewear Inc. is not involved in the actual transaction between customers and services providers, distributors, manufacturers, and suppliers. As a result, Retail Eyewea! r Inc. has no control over the quality, safety, or legality of the products or services advertised, the truth or accuracy of the listings, the ability of suppliers to sell or provide the products or service, the ability of insurance providers to reimburse claims, or the ability of customers to buy products or services. Retail Eyewear Inc. cannot and does not control whether or not service providers, distributors, manufacturers, or suppliers will complete the sale of products or services they offer or customers will complete the purchase of products or services. In addition, note that there are risks of dealing across national borders, with underage people, or with people acting under false pretense. Because user authentication on the Internet is difficult, Retail Eyewear Inc. cannot and does not confirm that users are who they claim to be. Because Retail Eyewear Inc. does not and cannot be involved in user-to-user dealings, in the event that User has a dispute with one or m! ore other users, User releases Retail Eyewear Inc. (and Retail Eyewear Inc.'s agents and employees) from claims, demands, and damages (actual direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
For legal reasons, Retail Eyewear Inc. cannot, nor does Retail Eyewear Inc. try to, control the information provided by other users that is made available through the Program. By its very nature, other users' information may be inaccurate, and in some cases may be misleading. Retail Eyewear Inc. expects that User will use caution -- and common sense -- when using the Program.
In the event that of a dispute with a customers, service providers, distributors, manufacturers, or suppliers, or are in any way damaged as a result of dealings with a customer, service provider, distributor, manufacturer, or supplier, User releases Retail Eyewear Inc. (and its affiliates, agents, officers, directors and employees) from, and covenant not to sue Retail Eyewear Inc. (and its affiliates, agents, officer, directors and employees) for, claims, demands and damages (whether direct, indirect, special, incidental or consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes or dealings.
User's Information
User's information includes any information User provides to Retail Eyewear Inc. or other users in the registration, listing, buying and selling processes, real-time and claims submission processes, in any public message area, or in any e-mail feature (defined herein as "User's Information"). With respect to User's Information:
(1) User is solely responsible for User's Information, and Retail Eyewear Inc. acts as a passive conduit for User's online distribution and publication of User's Information. However, Retail Eyewear Inc. may take any action with respect to such information Retail Eyewear Inc. deems necessary or appropriate in Retail Eyewear Inc.'s sole discretion if Retail Eyewear Inc. believes it may create liability for, or loss to, Retail Eyewear Inc. or other users, or may cause Retail Eyewear Inc. to lose (in whole or in part) the service of Retail Eyewear Inc.'s ISPs or other service providers, distributors, manufacturers, or suppliers.
(2) User's Information and User's products or service for sale or resale on the Program: (a) shall not be false, inaccurate, or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation of any jurisdiction (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (f) shall not contain pornography or otherwise be harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expro! priate any system, data, or personal information; and (h) shall not link directly or indirectly to or include descriptions of products or Program:(1) that are prohibited under these Terms and Conditions of Use or the fruits of such prohibited products or service, or (2) to which User does not have a right to link or include. Furthermore, User may not post on the webpages of the Program or sell through the Program any product or Program that could cause Retail Eyewear Inc. to violate any applicable law, statute, ordinance, or regulation of any jurisdiction.
(3) Solely to enable Retail Eyewear Inc. to use User's Information that User supplies to Retail Eyewear Inc., so that Retail Eyewear Inc. is not violating any rights User might have in that information, User agrees to grant Retail Eyewear Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights User has in User's Information, in any media now known or not currently known, with respect to User's Information. Retail Eyewear Inc. will use User's Information in accordance with the service then-current privacy principles posted on, and or linked to, the Program, which principles are incorporated herein by reference. Retail Eyewear Inc. may refer to User as a user in sales presentations, marketing vehicles, and marketing activities.
(4) If User chooses to establish a credit account with Retail Eyewear Inc., Retail Eyewear Inc. shall collect some additional information from User, including billing address, credit card number and expiration date, tracking information from checks or money orders. User shall permit Retail Eyewear Inc. to store this information on the Program and to use this information each time User purchases a product or Program through the Program in accordance with the Program’ then-current privacy principles posted on, and or linked to, the Program, which principles are incorporated herein by reference.
Billing Policies
Retail Eyewear Inc. expressly reserves the right, in its sole discretion, to change the pricing of all products and Program, including products and Program re-sold by Retail Eyewear Inc., from time to time. User grants Retail Eyewear Inc. permission to charge User’s credit card for all Program agreed upon by the User. For payments not made by credit card, Retail Eyewear Inc. will issue an invoice on or before the fifth business day of each month, under net 30-day payment terms.
Users continued use of the products and/or services reaffirms that Retail Eyewear Inc. is authorized to charge User accordingly. Retail Eyewear Inc. may submit those charges for payment and User will be responsible for such charges. Those submissions will not waive Retail Eyewear Inc.'s right to seek payment directly from User. User charges for Retail Eyewear Inc. Enhanced are monthly in advance, and the charges for any other product and/or Program may be payable in advance, in arrears, per usage, or as otherwise described when products and/ or are initially ordered.
Certain services associated with Retail Eyewear Inc. may require the payment of additional fees (including, without limitation, set-up, and/or initial activation and reactivation) and User agrees to pay such fees at the prices then in effect as specified for such service to either Retail Eyewear Inc. or its designated Program provider. User agrees that Retail Eyewear Inc. may pass User account information (including, without limitation, credit card number) to its designated Program provider of such additional Program for their use in charging User for appropriate Program rendered.
Refund Policies
Subject to any withdrawal right the User may have under applicable law, charges are non-refundable unless the price plan terms expressly say otherwise. Except as otherwise required by law, the costs of any returns if permitted will be at User’s expense.
Program And System Integrity
Service providers, distributors, manufacturers, and suppliers may not manipulate the price of their product or service, either by using a shill (either a secondary account or third party), by bidding themselves, or by any other means. User may not consummate a transaction outside of the Program when the transaction originated on the Program. User may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Program or any transaction being conducted on the Program. User may not take any action that imposes an unreasonable or disproportionately large load on the Program’ infrastructure. User may not disclose to or share its Program user name or password with any third parties or use its Program user name or password for any purpose not permitted by these Terms and Conditions of Use. User may not delete or revise any material posted by any other user or entity. User may not d! ecipher, decompile, disassemble, or reverse engineer any of the software comprising or making up part of the Program. User is prohibited from violating or attempting to violate the security of the Program, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with Program to any user, host or network, including, without limitation, via means of submitting a virus to the websites of the Program, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or Program, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or n! etwork security may result in civil or criminal liability. Retail Eyewear Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Ownership Of Retail Eyewear Inc. Program
The Program is the property of Retail Eyewear Inc. and is copyrighted and protected by United States copyright laws. "VIOPSYS" is a trademark of Retail Eyewear Inc. Retail Eyewear Inc.'s trademarks may not be used in connection with any product or service that is not the property of Retail Eyewear Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Retail Eyewear Inc.. All other trademarks not owned by Retail Eyewear Inc. are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Retail Eyewear Inc.. User may print and download portions of the materials contained on the webpages of the Program for User's non-commercial use provided User maintains the copyright notice and any other notices that appear on any such copies. Any other copying, redistribution, publication or retransmission of any portion! of the materials on the webpages of the Program is strictly prohibited without the express written permission of Retail Eyewear Inc.. User agrees not to change or delete any proprietary notices from any materials copied from Program. All information generated as a result of establishing or operating the Program shall be the property of Retail Eyewear Inc. and may be sold, distributed or otherwise disseminated by Retail Eyewear Inc. for any purpose whatsoever, provided Retail Eyewear Inc. shall not sell, distribute or otherwise disseminate specific information about User in such a way that would identify User, except to the extent expressly authorized by User. Notwithstanding the foregoing, Retail Eyewear Inc. retains the right to release any User information in compliance with the directive of any court of competent jurisdiction or in compliance with the requirements of any law.
Links To Third-Party Program
The Program may contain links to third-party Web Program that are not under the control or operation of Retail Eyewear Inc.. Retail Eyewear Inc. provides any such links only as a convenience and does not endorse and is not responsible for the contents of any linked Program or any Program linked to or from a linked Program. Please refer to the Terms and Conditions of each third party website to determine the rights and obligations of a user of such website.
Warranties And Exclusive Remedies
The Program and its content are provided on an "as-is" basis. Retail Eyewear Inc. makes no warranties about the accuracy, reliability, completeness, or timeliness of Retail Eyewear Inc. material, Program, software, text, graphics, and links. Retail Eyewear Inc. disclaims any and all warranties, whether express or implied, including warranties of title, non-infringement, merchantability and fitness for a particular purpose. Retail Eyewear Inc. does not guarantee that the Program will operate error-free and does not guarantee continuous, uninterrupted, or secure access to the Program, and operation of the Program may be interfered with by numerous factors outside of Retail Eyewear Inc.'s control. If Retail Eyewear Inc. cannot correct the problems that cause a breach of Retail Eyewear Inc.'s warranty, User may terminate the Program and, as its sole remedy, recover the specific Program transaction fee(s) paid to Retail Eyewear In! c. for the Program giving rise to the breach. This limited warranty gives User specific legal rights, and User may have other rights that vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Retail Eyewear Inc. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR DATA USE, INCURRED BY USER OR ANY THIRD PARTY (HOWEVER ARISING, INCLUDING NEGLIGENCE). Retail Eyewear Inc.'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE FEES ACTUALLY PAID BY USER TO Retail Eyewear Inc. FOR THE APPLICABLE Retail Eyewear Inc. Program GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL Retail Eyewear Inc. BE LIABLE FOR ANY CLAIM, CAUSE OF ACTION, OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) ANY INFORMATION POSTED ON THE WEB PAGES WITHIN THE Retail Eyewear Inc. Program, OR (B) ANY ARRANGEMENT BETWEEN USERS.
Indemnification
User agrees to defend and hold harmless Retail Eyewear Inc. and its affiliates, officers, directors, agents and employees, against all claims, suits, and proceedings brought by third parties, and will indemnify and hold them harmless from and against any and all related liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys' fees) arising out of, relating to or incurred in connection with (a) the use of User's Information, including any third-party claims alleging infringement of any copyright, trademark or other intellectual property right or alleging libel, defamation or invasion of privacy; (b) any breach of warranty or other provision of this agreement by User; (c) User's involvement in whatever form with any other users, and (d) User's use of the Program.
Export
User agrees to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the products and Program of the Program in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, User shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own use of the Program of the service outside the United States. Neither the service of the Program nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted per! manent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, User agrees to the foregoing and represents and warrants that it is not located in, under the control of, or a national or resident of any such country or on any such list.
Miscellaneous Terms
User acknowledges that the Program marketplace is based in the United States, and that all legal actions between User and Retail Eyewear Inc. that are related to these Terms and Conditions of Use: (a) shall be governed by the laws of the State of Delaware, and (b) shall be instituted in a state or federal court in New Castle County, Delaware U.S.A.; and User further acknowledges that (a) and (b) apply regardless of the governing law and jurisdiction that may be proper for disputes between User and any other user of the Program. User shall comply with all applicable laws, statutes, ordinances, and regulations regarding User's use of the service and Retail Eyewear Inc.'s Program. Retail Eyewear Inc. may immediately issue a warning or deny, suspend, or terminate User's membership and any other information User places on the Program if User is ineligible, if User breaches these Terms and Conditions of Use, if Retail Eyewear Inc. is unable to v! erify or authenticate any information User provides to Retail Eyewear Inc., or if otherwise in Retail Eyewear Inc.'s sole discretion. Retail Eyewear Inc.'s failure to act with respect to a breach by User or others does not waive Retail Eyewear Inc.'s right to act with respect to subsequent or similar breaches or any of its rights under these Terms and Conditions of Use. User and Retail Eyewear Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms and Conditions of Use.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the Program, these Terms and Conditions of Use constitute the entire agreement between the User and Retail Eyewear Inc. with respect to the use of the Program. Use of the Program is also subject to the Retail Eyewear Inc. Privacy Policy.