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Terms of Use

Last Modified: [July 20th 2016]

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Essilor of America, Inc. and its affiliated entities (“Essilor”, “Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.flashframes.com, including any content, functionality and services offered on or through www.flashframes.com as well as any mobile websites, social media sites, mobile applications and other digital platforms where they are posted, and set forth the terms and conditions upon which Essilor makes available the website, mobile website, social media site, mobile application or other digital platform, and its contents, products and services (collectively, the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://essilorusa.com/privacy-policy. incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This is an important document that you must consider carefully when choosing whether to use the Website. Please be advised: These Terms of Use contain provisions that govern how claims you and Essilor have against each other are resolved. 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.

Portions of the Website may provide general information about vision, vision care and vision correction. This information is not intended to be a source of or substitute for medical advice. Use of the information provided is at your sole risk. If you suspect that you have a vision problem or medical condition requiring attention, contact a qualified professional as soon as possible.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to 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 all or part of the Website and refuse any and all current or future use of the Website (or any portion thereof). You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 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 disabling any user name, password or other identifier, 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.

Online Community

The 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 does not violate these Terms of Use, is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or 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. If you were provided with a product, prize or compensation by or on behalf of Essilor, you must disclose this fact in all Online Content. You must also disclose if you are an employee, vendor, 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, you are waiving the benefit of any provision of law known as “moral rights” or similar laws.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks (including in “meta-tags” or “hidden text”) without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Harvest email addresses from the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may permit you to upload files, including but not limited to certain images and videos, to enable the Company to provide certain information to you (“Recommendation Service”). In addition, the Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (together with the Recommendation Service, collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials on or through the Website (collectively, along with the Recommendation Service and Interactive Services, “User Contributions”).

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. You acknowledge that by transmitting or making available User Contributions through the Website, you are assuming the risk that others may reproduce or otherwise make use of the Website and the User Contributions. You agree not to hold us liable for any third-party reproduction or use made of such User Contributions, whether or not you have consented to such reproduction or use.

By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the unlimited right to use, reproduce, modify, perform, display, distribute, alter, create derivative works of and otherwise disclose to third parties, any such material in any manner and for any purpose whatsoever, including but not limited to, advertising and promotional purposes, and including for the avoidance of doubt, any such use of the name, image, likeness, and appearance of any person or object depicted in a User Contribution, on a perpetual basis throughout the world and in any medium, manner or format whatsoever now existing or hereafter created, including on the Website, without further consent or royalty, payment, or other compensation to you.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • Your User Contributions do not and will not, infringe any party’s privacy rights, rights to control the use of their own likeness(es) and/or rights of publicity.
  • Your User Contributions do not and will not infringe upon or violate any third-party’s intellectual property rights, including, but not limited to, any copyright rights and trademark rights
  • All of your User Contributions do and will comply with these Terms of Use.
  • The license granted above to us does not and will not, violate any right of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from any third party is required in connection herewith.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:
  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES, THIRD PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain or promote any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, contains gore or is otherwise objectionable.
  • Contain or promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person, be untruthful or be inaccurate.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement / Digital Millennium Copyright Act Notice

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

If you believe any content is used in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location where the material that you claim is infringing is located; (iii) your address, telephone number, and email address; (iv) 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 (v) 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

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Shipping. Delays resulting from the carrier will be handled in a timely manner but are not the responsibility of Essilor. Failure to correctly input your address or 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 incorrect address or an address that was missing information consequently making them undeliverable.

Product Descriptions. We have made every effort 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 or other display and we cannot guarantee that colors will be accurately displayed. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free.

Typographical Errors. In the event that a product or service 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.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, NOR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED. ESSILOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE WEBSITE. YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE WEBSITE AND SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR PARTICULAR PURPOSE, QUIET ENJOYMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR 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 OR NOT ESSILOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms of Use, any rights of any person or entity or any applicable laws, rules or regulations, arising out of or relating to your of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products, your use of any information obtained from the Website, any use of any password chosen by or issued to you or your interference with the operation of the Website, and any claims that the User Contributions or any portion thereof infringe any third-party proprietary right, including, but not limited to, any copyright, patent, trademark, trade secret, or right of privacy or publicity.

Export Restrictions

Any software and all underlying information and technology downloaded from the Website (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.

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.

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.

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

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.

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.

Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including, as applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes, 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.

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

Severability. With the exception of any of the provisions in the subsection of this Agreement to Arbitrate entitled “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 the subsection of this Agreement to Arbitrate entitled “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 that subsection, the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms of Use, including all other provisions of the section entitled “Disputes with Essilor”, will continue to apply.

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 thirty (30) days after the version of the Terms of Use not containing the Agreement to Arbitrate is posted to the 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.

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, User Contribution 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 heirs, successors and assigns.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Mobile Applications

Essilor mobile applications are subject to the following additional terms:

Apple® (“Apple”) Mobile Devices (including iPhone®, iPad®, and iPod touch® mobile digital devices). By downloading, installing, or using an Essilor mobile application available through the App StoreSM store for your Apple mobile device (the “Licensed Essilor Application for iOS”), you agree that your use of such Licensed Essilor Application for iOS is subject to and governed by the Apple Terms and Conditions (available at http://www.apple.com/legal/internet-services/itunes/us/terms.html#APPS), including the Licensed Application End User License Agreement. In addition, you agree that Essilor and its vendors and service providers may collect, store, and use information obtained from you or your device, including without limitation, geolocation information and information related to push notifications, to provide services related to the Licensed Essilor Application for iOS. The rights conferred and obligations imposed by the Apple Terms and Conditions are in addition to, and not in lieu of, the rights and obligations established by these Terms of Use, and the Apple Terms and Conditions and these Terms of Use shall be interpreted, to the extent possible, so that there is no conflict between them. If there is any conflict between the Apple Terms and Conditions and these Terms of Use, the Apple Terms and Conditions will control with respect to your use of a Licensed Essilor Application for iOS, except that section entitled “Disputes with Essilor” shall govern any dispute between you and Essilor.

Android Mobile Devices. By downloading, installing or using an Essilor mobile application through the Google Play store for your Android mobile device (the “Licensed Essilor Application for Android”) you agree that your use of such Licensed Essilor Application for Android is subject to and governed by the Licensed Essilor Application for Android End User License Agreement set forth below. In addition, you agree that Essilor and its vendors and service providers may collect, store, and use information obtained from you or your device to provide services related to the Licensed Essilor Application for Android.

Entire Agreement

The Terms of Use and our Privacy Policy and other governing policies constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

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.

LICENSED ESSILOR APPLICATION FOR ANDROID

END USER LICENSE AGREEMENT

A. License; Scope. The Licensed Essilor Application for Android is licensed, not sold, to you. Subject to your prior acceptance of this Licensed Essilor Application for Android End User License Agreement (“EULA”), you are granted a limited, nontransferable license to use the Licensed Essilor Application for Android on any Android mobile device that you own or control and as permitted by the usage rules set forth in the Google Play Terms of Service (available at: https://play.google.com/intl/en_us/about/play-terms.html). You may not lease, lend, sell, transfer, distribute, or sublicense the Licensed Essilor Application for Android. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Essilor Application for Android or any part thereof, and any attempt to do so may subject you to prosecution and damages; provided, that such restrictions shall not apply to the extent i) prohibited by applicable law, or ii) permitted by the license terms governing use of any open-source components included with the Licensed Essilor Application for Android. You agree that the terms of this EULA will apply to each Licensed Essilor Application for Android you license and any updates to the Licensed Essilor Application for Android provided by Essilor, unless such update is accompanied by a separate license, in which case the terms of that license will govern.

B. Term and Termination. This license is effective until terminated by you or Essilor. Your rights under this license will terminate automatically without notice from Essilor if you fail to comply with any term(s) of this EULA. Upon termination of this license, you shall cease all use of, and destroy all copies of, the Licensed Essilor Application for Android.

C. External Services; Disclaimer. The Licensed Essilor Application for Android may enable access to services and websites provided by Essilor and/or third parties (collectively and individually, “External Services”). Use of External Services requires Internet access and use of certain External Services may require you to agree to additional terms. Medical information provided by the Licensed Essilor Application for Android or any External Service is for general information purposes only and should not be relied upon for medical diagnostic or treatment advice. Location information provided by the Licensed Essilor Application for Android or any External Services is for general information or basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage, or other harm. Neither Essilor, nor its agents, nor any of its licensors or content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of medical information, stock information, location information or any other information or data displayed by the Licensed Essilor Application for Android or any External Services. Essilor makes no representation that such External Services are appropriate or available for use in any particular location. If you use or access External Services, you do so at your own initiative and risk, and are responsible for compliance with all applicable laws, including but not limited to applicable local laws. Essilor reserves the right to change, suspend, remove, limit, or disable access to any External Services at any time without notice. In no event will Essilor be liable for the removal of, disabling access to, or limiting use of or access to any such External Services.

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