PEARLE VISION
WEBSITE TERMS OFUSE
(EFFECTIVE AS OF FEBRUARY 1, 2025)
IMPORTANT - TheseTOU together with our Privacy Policy are a legal agreement(Agreement) between you ("You", or you) andLuxottica of America Inc., its parents, subsidiaries, affiliates,representatives, officers, and directors (collectively, Luxottica, us,we, or our), as owner of www.pearlevision.com (the Website), and governyour use of the Website.
BY ACCEPTING THIS AGREEMENT, YOU CONSENTTO A CLASS ACTION WAIVER. Pleaseread this TOU carefully before using the Website and any online servicessoftware or apps (collectively Services) provided by Luxottica that post alink to this TOU. By using or continuing to use our Services, You agree to be bound by and accept the TOU in effect at thetime of such use. Your use of our Services is expressly conditioned upon youragreement to these TOU.
Luxottica may make changesto these TOU, from time to time, in its sole discretion, by updating thisposting on our Website without notice to you. Yourcontinued use of our website following the posting of a new version of the TOUconstitutes your acceptance of any such changes. Accordingly, whenever youvisit our Website, check to see if a new version has been posted.
1. LICENSE GRANT. The Serviceand all of its content (Content),including all copyrights, patents, trademarks, service marks, trade names andall other intellectual property rights therein (Intellectual Property), are owned or controlled by Luxottica, our licensors, and certain other thirdparties. All right, title, and interestin and to the Content and Intellectual Property available via the Service isthe property of Luxottica, ourlicensors or certain other third parties, and is protected by US andinternational copyright, trademark, trade dress, patent and/or otherIntellectual Property and unfair competition rights and laws to the fullestextent possible. Luxottica owns the copyright in the selection,compilation, assembly, arrangement, and enhancement of the Content on theService. Luxotticahereby grants to You a personal, revocable, limited, non-exclusive, andnon-transferable license to use the Services solely for your personal use,which does not include activities related to any commercial, entrepreneurial orprofessional activity, provided that You comply with the terms and conditionsof this TOU. Notwithstanding the foregoing, You may not modify, translate,decompile, create derivative work(s) of, copy, distribute, disassemble,broadcast, transmit, publish, remove or alter any proprietary notices orlabels, license, sublicense, transfer, sell, mirror, frame, exploit, rent,lease, private label, grant a security interest in, or otherwise use theServices in any manner not expressly permitted herein. In addition, thislicense does not include any use of data mining,robots, or similar data gathering and extraction tools nor any attempt toviolate or any violation of the Websites security or attempt to interfere orany interference with the Websites ability to work properly.
2. USERREPRESENTATIONS. In order to use the Website, you must be 18 years or older andhave the power to enter into a binding contract with us and not be barred fromdoing so under any applicable laws; or 16 years or older and have your parentor guardian's consent to the Agreement. The Website is not intended forchildren under the age of 16 and no person under the age of 16 may use the Website.If you use the Website, you are confirming that you are at least 16 years old.This Website is directed at users in U.S. only (and ships product to U.S only).
3. PROPRIETARYRIGHTS. This TOU provides only a limitedlicense to You to access and use the Services. Accordingly, You expresslyacknowledge and agree that Luxottica transfers no ownership or IntellectualProperty interest or title in and to the Services to You or anyone else. Alltext, graphics, user interfaces, visual interfaces, photographs, sounds,artwork, computer code (including html code), programs, software, products,information, and documentation as well as the design, structure, selection,coordination, expression, "look and feel," and arrangement of anycontent contained on or available through the Services, unless otherwiseindicated, are owned, controlled, and licensed by Luxottica. Pearle Vision, thePearle Vision logo(s), and all other names, logos, and icons identifying PearleVision and its products and services are proprietary trademarks of Luxottica andany use of such marks, including, without limitation, as domain names, accountidentifiers, or as search terms, without express written permission is strictlyprohibited. Other product and company names or logos mentioned or displayed onor through the Services may be the trademarks and/or service marks of theirrespective owners
4. CONTENTa. Contentsubmitted by You. Fromtime to time We may make available on this Services bulletin boards, chatrooms, comment areas, billboards, forums, news groups, postings sections orsimilar communication facilities that offer the opportunity to post, publish,distribute, transmit, broadcast, or otherwise make available on or submitthrough the Services. In such instances, We welcome your comments on ourServices. However, any notes, messages, billboard postings, ideas, suggestions,or other material which You submit to Luxottica ("User-GeneratedContent") must not harass, slander, malign, libel, defame, threaten, orotherwise violate any rights of any third-parties and must not include anyprofanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwiseobjectionable material all as determined by us. Furthermore, User-GeneratedContent must not infringe the intellectual property rights, privacy rights,rights of publicity, or other proprietary rights of any person or entity. Uponyour submission of any and all User-Generated Content, You grant Luxottica anon-exclusive, unrestricted, unconditional, unlimited, cost-free, royalty-free,perpetual, irrevocable right and license to use, reproduce, copy, sell,re-sell, modify, alter, publish, publicly display, publicly perform, record,post, translate, transmit, broadcast, disclose, distribute, make derivativeworks of, and otherwise use the User-Generated Content, such that Luxotticashall be and is entitled to use such User-Generated Content for any type of useand exploit in any manner whatsoever, including promotional purposes andadvertising, in perpetuity, in any and all media whether now known or hereafterdevised, without any compensation to you. You irrevocably waive and agree notto assert (and warrant that all individuals featured have waived and agreed notto assert) any moral rights in connection with the User-Generated Content. Youexpressly waive any and all rights, grounds and actions concerning theinspection and approval of the finished product that may be produced and usedin connection with your User-Generated Content. By submitting anyUser-Generated Content to us, You represent and warrant that You are at leastthe age of majority in the jurisdiction in which you reside and are the parentsor legal guardian, or have all proper consents from the parent or legalguardian, of any minor who is depicted in or contributed to any User-GeneratedContent you submit, and that as to User-Generated Content you hold allnecessary right, title and license to such User-Generated Content and that yoursubmission of such materials to the Services does not and will not violate orinfringe the rights of any third-parties or cause any harm to any person,including but not limited to intellectual property or privacy rights.
b. Non-confidentiality of contentsubmitted by You. Except as otherwise described in anyapplicable Additional Policies you agree that (a) your User-Generated Contentwill be treated as non-confidential and non-proprietary by us regardless ofwhether you mark them confidential, proprietary, or the like and will notbe returned, and (b) to the maximum extent not prohibited by applicable law, Luxottica does not assume anyobligation of any kind to you or any third-party with respect to your User-GeneratedContent. Upon request, you will providedocumentation necessary to authenticate rights to such content and verify yourcompliance with these Terms or any applicable additional terms. You acknowledge that the Internet and mobilecommunications may be insecure and subject to breaches of security; according,you acknowledge and agree that your User-Generated Content is submitted at yourown risk.
5. INFORMATIONABOUT THE WEBSITE
We try to make sure that all informationon the Services, including descriptions of our services is accurate and correctat all times. However, mistakes do happen. We will try to resolve all errors ininformation on the Services as soon as reasonably possible and if We think thatsuch an error has affected your visit of the Website. We will make reasonableefforts to notify You via the contact information You provided to us.
PROCEDURE FOR ALLEGING COPYRIGHTINFRINGMENT. If you are a copyright owner who wouldlike to send us a notice to identify content or material posted on the Servicethat is infringing that you would like removed from our Service, or if you area user whose work has been removed in response to such a notice ofinfringement, you may submit such notice to us by contacting us here: OnlineIPenforcement@luxottica.com.
CopyrightComplaints
We respect the intellectualproperty of others. If you believe that your work has been copied and isaccessible on the Website in a way that constitutes copyright infringement,please notify us and provide the following information:
1. Adescription of the copyrighted work that you claim has been infringed,including the URL (i.e., web page address) of the location where thecopyrighted work exists or a copy of the copyrighted work;
2. Identificationof the URL or other specific location on the Website where the material thatyou claim is infringing is located;
3. Yourname, address, telephone number and email address;
4. Astatement that you have a good faith belief that the use of the copyrightedwork is not authorized by the copyright owner, its agent or the law;
5. Astatement that the information in the notification is accurate, and underpenalty of perjury, that the signatory is either the owner, or is authorized toact on behalf of the owner, of an exclusive copyright right that is allegedlyinfringed; and
6. Anelectronic or physical signature of the owner or of the person authorized toact on behalf of the owner of the copyright interest.
Our agent for notice claimsof copyright infringement on the Website can be reached as follows:
PEARLE VISION
Legal Department
4000 Luxottica Place
Mason, Ohio 45040
Email: OnlineIPenforcement@luxottica.com.
7. CREATINGAN ACCOUNT. If Youregister with us or create an account, you are solely responsible and liablefor the security and confidentiality of your access credentials and forrestricting access to your device and for all activity under your account.Usernames and passwords must be personal and unique that do not violate therights of any person or entity, and is not offensive. We may reject the use ofany password, username, or email address for any reason in our sole discretion.You are solely responsible for your registration information and for updatingand maintaining it. You will immediately notify us of any unauthorized use ofYour account, password, or username, or any other breach of security, but willremain responsible for any unauthorized use thereafter. We may suspend or closean account for fraudulent condition and/or violations of these TOU. You willnot sell, transfer, or assign your account or any account rights. In addition, accounts may only be set up by an authorized representative ofthe individual that is the subject of the account and who is of the age ofmajority. We do not review accounts for authenticity, and are not responsiblefor any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity,we shall have the sole right, but are not obligated, to resolve such dispute aswe determine appropriate, without notice.
8. RESTRICTIONS You agree not to modify,distribute, disclose or create works wholly or partially based on the Services.You cannot (nor allow third parties to) sub-license, rent, sell, distribute,circulate, provide, transform, de-codify, break down, disassemble, reverseengineer, create derivative works of, modify or translate the Services, or inany case reproduce, copy, use or provide the Services, or parts of it, in anyother manner except for that expressly permitted herein or permitted bymandatory law. You acknowledge and accept that the acquisition of any contentor data through use of the Services is solely your responsibility and that Youare solely responsible for any damage to the system or loss of data caused byusing the service, even indirectly.
9. PRIVACYPOLICY. Please review Luxottica's PrivacyPolicy for this Website found onour Website for a description of Luxottica's personallyidentifiable information (PII) collection and use practices. Byusing the Service and visiting the Website, you also acknowledge, agree andconsent to our PI collection and use practices as described in our PrivacyPolicy.
CONSENT TO CONTACT
Text Messages
By using this Website, you agree to the followingstatement:
I agree that providing my telephone number and opting in to receive textmessages in any submission on the Website, I provide my signature consenting tocontact from Pearle Vision at the number I provided regarding products orservices via live, automated or prerecorded call, text, or email. I understandthat I am not required to enter into this agreement as a condition of purchase.I can revoke this consent by texting STOP to 60164
You may receive texts from Pearle Vision regarding your account, purchases, orspecial offers from Pearle Vision. Message and data rates may apply. Maximumnumber of messages per month will vary based on the subscription list you haveenrolled in. You can unsubscribe at any time by texting STOP to 60164 You will receive a textconfirming that you have been unsubscribed. If you have questions, reply HELPto [60164] or contact Pearle Vision at 1-800-937-3937Pearle Vision will not be liable for any delays in the receipt of any textmessages. Delivery is subject to effective transmission from your networkoperator.
Data obtained from you in connection with this text messaging service mayinclude your mobile phone number, your carriers name, and the date, time, andcontent of your messages and other information you provide to Pearle Vision aspart of this service. Pearle Vision may use this information to contact you andprovide services you request from Pearle Vision. Pearle Vision may also usethisinformation as described in the subscription list you have enrolled in.
Emails
Byincluding your email in any submission, you are extending an express invitationto Luxottica to be contacted. For any service, you represent that all of theinformation you have provided in your submission is true and complete.
Voice recording and monitoring consent
You agreeand consent that Luxottica. may record or monitor communications made by youduring any calls you make to us as permitted by 18 U.S.C. 2511 et seq., Cal.Penal Code 630 et seq., and other state laws that regulate call monitoringand recording. Luxottica is under no obligation to monitor or record itsservices for accuracy, completeness, or quality.
10. AVAILABILITY AND CONTINUITY OF SERVICE. You acknowledge and accept thatLuxottica reserves the right, at its own and complete discretion, totemporarily or permanently (i) suspend, terminate, oreliminate the Services, (ii) disable any access to the Services, and/or (iii)restrict, suspend, or terminate your account for any reason.
11. LINKS TO OTHER SITES. We are not responsible for third partiesor their content, advertisement(s), apps or sites (Third-Party Services). OurServices may facilitate access to other sites or on-line social media networksor pages for your convenience. These Third- Party Services have not necessarilybeen reviewed by Luxottica and are maintained by third parties over whichLuxottica exercises no control. This may include theability to register or sign into our Services third-party tools, and to postcontent on third-party sites and services using their plug-ins made availableon our Services. Use caution when dealingwith third parties and consult their terms of use and privacy policies. We take no responsibility for Third-partyServices. Accordingly,Luxottica expressly disclaims any responsibility for the content, thematerials, the accuracy of the information, and/or the quality of the productsor services provided by, available through, or advertised on these Third-PartyServices. Moreover, inclusion of anylinks do not imply an endorsement with respect to any third party or any websiteor the products or services provided by any third party.
12. WARRANTY DISCLAIMER. AS PERMITTED BYAPPLICABLE LAW AND EXCEPT AS OTHERWISEEXPRESSLY SET FORTH IN OUR WARRANTYPOLICY LUXOTTICAMAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE FOR ANY PURPOSE ANDEXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES ANDREPRESENTATIONS INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OFMERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OFDATA, AND NONINFRINGEMENT, AND DOES NOT GUARANTEE THAT THE SERVICES WILLFUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES SERVICES (INCLUDINGCONTENT AND INFORMATION) ON AN AS IS AND AS AVAILABLE BASIS, AND WITH ALLFAULTS BASIS. SOME LAWS MAY NOT PERMITCERTAIN DISCLAIMERS SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
13. HEALTH DISCLAIMER. ANY GENERAL HEALTH INFORMATION ON THIS WEBSITEIS ONLY INTENDED TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR HEALTHCAREPROVIDER. IT IS NOT INTENDED FOR DIAGNOSIS OR AS A SUBSTITUTE FOR SEEKINGPROFESSIONAL MEDICAL ADVICE. ALL SPECIFIC MEDICAL QUESTIONS SHOULD BE DIRECTEDTO A PROFESSIONAL HEALTHCARE PROVIDER
14. LIMITATIONOF LIABILITY. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXOTTICA BELIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIALDAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE ORWITH THE DELAY OR INABILITY TO USE THE WEBSITE, SERVICES, ORUSER-GENERATED-CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OROTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LUXOTTICA FOR ANYREASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTALAMOUNT PAID BY YOU TO LUXOTTICA IN CONNECTION WITH THE SUBJECT MATTER OF THEPARTICULAR DISPUTE.
15. INDEMNITY As permitted by applicable law, byusing this application, You agree to defend, indemnify and hold harmlessLuxottica and its parent and affiliates, and their directors, employees andagents, against any loss, damage, liability, cost, expense (including legalfees) asserted by any third party and arising from: (i)your use of and access to the Services; (ii) any User-Generated Content; (iii)your breach of any of these TOU; and (iii) your infringement of any third partyrights, including without limitation any property, privacy or intellectualproperty rights. This indemnity shall survive the duration of your use of theServices.
16. ENFORCEMENT You acknowledge that any breach,threatened or actual, of this TOU will cause irreparable injury to Luxottica,such injury would not be quantifiable in monetary damages, and Luxottica wouldnot have an adequate remedy at law. You therefore agree that Luxottica shall beentitled, in addition to other available remedies, to seek and be awarded aninjunction or other appropriate equitable relief from a court of competentjurisdiction restraining any breach, threatened or actual, of your obligationsunder any provision of this TOU.
17. TERM AND TERMINATION. This TOU will take effect at thetime You begin using the Services. This TOU will terminate automatically if Youfail to comply with its terms and conditions. Termination will be effectivewithout notice. You may also terminate this TOU at any time by ceasing all useof the Services. Sections 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, and thissentence of this Section 17, will survive the termination of this TOU for anyreason.
18. WAIVER & SEVERABILITY Failure to insist on strictperformance of any of the terms and conditions of this TOU will not operate asa waiver of any subsequent or other default or failure of performance. If anypart of this TOU is determined to be invalid or unenforceable pursuant toapplicable law or court order including, but not limited to, the warrantydisclaimers and the liability limitations set forth above, then the invalid orunenforceable provision will be deemed superseded by a valid, enforceableprovision that most clearly matches the intent of the original provision andthe remainder of this TOU shall continue in effect.
19. DISPUTE RESOLUTION: PROHIBITION OF CLASSAND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
THISSECTION LIMITS THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION.
You andLuxottica agree that, except where prohibited by applicable law, each of us maybring claims that relate to or arise from your use of or access to our website,any products or services sold, offered, or purchased through our Services, orcommunications (including calls, texts, or emails) that relate to or arise fromyour use of or access to our website only on an individual basis and not as aplaintiff or class member in any purported class or representative action orproceeding, including but not limited to actions under the Telephone ConsumerProtection Act, 47 U.S.C. 227 et seq., the California Invasion ofPrivacy Act, Cal. Penal Code 630 et seq., the Illinois BiometricPrivacy Act, 740 ILCS 14/1 et seq., the Texas Capture or Use ofBiometric Identifier Act, Bus. & Com. 503.001 et seq., and otherfederal and state telemarketing and privacy laws. If a court decides that thisprohibition of class and representative actions and non-individualized reliefis invalid or unenforceable, then the remainder of the Agreement will continueto apply.
20. APPLICABLE LAW & VENUE
a. The lawapplicable to the interpretation and construction of this Agreement and anytransaction using or related to the website shall be applicable federal lawsand the laws of the State of Ohio, USA, without regard to principles ofconflict of laws. You agree that all matters relating your access to or use ofthe website, including all disputes will be governed by the laws of the UnitedStates and by the laws of the State of Ohio.
b. Anyaction relating to use of this website or any transaction must be brought inthe state or federal courts serving Warren County, Ohio, for any lawsuit orcourt proceedings permitted under this Agreement. You consent and submit to thepersonal jurisdiction of such courts for the purposes of any such actions. Youfurther agree to file any cause of action with respect to this Agreement withinone year after the cause of action arises. You agree that a cause of actionfiled after this date is barred.
21. INDEPENDENT PARTY You are an independent party. Nojoint venture, partnership, employment, or agency relationship exists betweenYou and Luxottica as a result of this TOU or yourutilization of the Services.
22. ENTIRE AGREEMENT. This TOU, the Additional Policiesand any other agreement or terms or conditions for services, information, orlicenses available through the Services represent the entire agreement betweenYou and Luxottica with respect to use of the Services, and they supersede allprior or contemporaneous communications and proposals, whether electronic,oral, or written between You and Luxottica with respect to the Services.
23. NO ASSIGNMENTS. You may not assign or transfer any rightsunder this Agreement without the prior written consent of Luxottica.
24. Updates toTerms. Luxottica may make changes to these TOU, from time to time, in itssole discretion, by updating this posting on the Website without notice to you.Your continued use of the Website following the posting of a new version of theTOU constitutes your acceptance of any such changes. Accordingly, whenever youvisit the Website, check to see if a new version has been posted.
25. HEADINGS Headingsare for convenience only.
//End Terms of Use//
