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Terms and Conditions PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
TERMS AND CONDITIONS FOR CONTACT LENS PURCHASES
GENERAL TERMS AND CONDITIONS
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Eye Store Holdings LLC. The collective work includes works that are licensed to Eye Store Holdings LLC. Copyright 2007-2010, Eye Store Holdings LLC ALL RIGHTS RESERVED. Trademarks All trademarks, service marks and trade names of Eye Store Holdings LLC used in the site are trademarks or registered trademarks of Eye Store Holdings LLC. All trademarks, service marks and trade names of Johnson & Johnson, CooperVision, Bausch & Lomb, Ciba Vision and Hydrogel Vision, as well as of other manufacturers and suppliers of goods and services offered on this site end are the property of their respective owners, with whom Eye Store Holdings LLC has no affiliation, and who have not approved this site or its use of their respective trademarks, service marks and trade names on this site. Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. This site is operated by JGM Group Inc. To the fullest extent permissible pursuant to applicable law, Eye Store Holdings LLC and JGM Group Inc. disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Eye Store Holdings LLC and JGM Group Inc. do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Limitation of Liability Eye Store Holdings LLC and JGM Group Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Eye Store Holdings LLC or JGM Group Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a www.webeyestore.com product is mistakenly listed at an incorrect price, Eye Store Holdings LLC and JGM Group Inc. reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. Eye Store Holdings LLC and JGM Group Inc. reserve 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, Eye Store Holdings LLC and/or JGM Group Inc. shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Eye Store Holdings LLC and/or JGM Group Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice Eye Store Holdings LLC and/or JGM Group Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.webeyestore.com. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of New York, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.webeyestore.com products) shall be in the state or federal courts located in the City of New York, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.webeyestore.com products) must be commenced within one (1) year after the claim or cause of action arises. Eye Store Holdings LLC's and/or JGM Group Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Eye Store Holdings LLC and JGM Group Inc. may assign their rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Eye Store Holdings LLC or JGM Group Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Eye Store Holdings LLC and JGM Group Inc. do not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Eye Store Holdings LLC and JGM Group Inc. are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the site. However, Eye Store Holdings LLC and JGM Group Inc. reserve the right to block or remove communications or materials that they determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Eye Store Holdings LLC and/or JGM Group Inc. in their sole discretion. Indemnification You agree to indemnify, defend, and hold harmless Eye Store Holdings LLC and JGM Group Inc., and their officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, Eye Store Holdings LLC may link to sites operated by third parties. However, even if the third party is affiliated with Eye Store Holdings LLC, Eye Store Holdings LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Eye Store Holdings LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Eye Store Holdings LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). |



