Terms of Use
Avant-Garde Optics, LLC (“Luxottica Group”) maintains this Internet site for informational, communication, promotional and commercial purposes. Please carefully read the following Terms of Use before using the LuxandME.com Web site (the "Site"). By accessing and using this Site, you agree to be bound by these Terms of Use, our Privacy Policy and all applicable laws and regulations. These Terms of Use may be updated or revised from time to time. Any access or use of this Site by you after posting of any such updates or revisions shall constitute and be deemed to be your agreement to such revisions or updates. If at any time you do not agree to these Terms of Use, please do not use this Site.
Luxottica Group shall have the right to terminate this Site or any products or services offered through this Site, or any individual's right to access or use any portion of or product or service offered through this Site, at any time and without prior notice.
License and Site Access
We grant you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or any of the contents of the Site; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form of any of the contents of the Site, including use of or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any of the contents of the Site; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Site or to collect any information from the Site or any other user of the Site.
Ownership Rights
All content included in this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Luxottica Group or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Luxottica Group and protected by U.S. and international copyright laws. All trademarks, logos, service marks and trade names are proprietary to Luxottica Group or other respective owners that have granted this Site the right and license to use such intellectual property.
Site Content
The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. Luxottica Group may change, delete, or update any posted information or materials at any time and without prior notice. The information and materials posted on this Site are provided for informational purposes only and are not binding on Luxottica Group in any way except to the extent they are specifically indicated to be so.
Product Information
Most products displayed on this Site are available in the United States while supplies last. In some cases, merchandise displayed for sale on this Site may not be available. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on this Site. Price and availability information is subject to change without notice.
Registration, Accounts and Passwords
If you register and create an account on this Site you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose, and (ii) all activities that occur under such password or account identifiers.
You agree to notify Luxottica Group of: (i) any loss of your password or other account identifiers and (ii) any unauthorized use of your password or other account identifiers. Luxottica Group shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.
Luxottica Group shall have the right to terminate the Site or any products or services offered through the Site, or any individual's right to access or use any portion of or product or service offered through the Site, at any time and without prior notice.
Electronic Communications
When you visit this Site, or send us e-mails, you are communicating with us electronically. By accessing and using the Site you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Linked Third Party Sites
Links to other Internet sites operated by third parties, including members of Luxottica Group's corporate partners or affiliates, do not constitute sponsorship, endorsement, or approval by Luxottica Group of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Luxottica Group, and Luxottica Group is not responsible for the availability, content, policies, or practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
DISCLAIMER OF WARRANTY
Luxottica Group makes no warranties or representations whatsoever concerning this Site or any linked site or its content, including the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. Luxottica Group also does not warrant or represent that your access to or use of this Site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site is free of computer viruses or other harmful components. Without limiting the foregoing, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES WILL LUXOTTICA GROUP, OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS SITE OR ANY LINKED SITE OR ITS CONTENTS OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF LUXOTTICA GROUP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless Luxottica Group, its affiliates and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms of Use or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms of Use and this Site and any product or service provided to you arising out of or relating to your use of this Site.
Submissions
Other than your e-mail address or customer information, which is subject to Luxottica Group's Privacy Policy, any communication or material you transmit to this Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Luxottica Group, its affiliates, related entities or agents for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Luxottica Group, its affiliates, related entities or agents are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
Submissions may be directed to Luxottica Group at the following address and telephone number:
Luxottica Group
44 Harbor Park Drive
Port Washington, NY 11050
Phone: 516-484-3800
Attn:
Software
To the extent applicable, software from this Site is subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
Miscellaneous
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Luxottica Group of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any other provisions of the Terms of Use. Luxottica Group shall not be liable for any nonperformance or delay in performance caused by any act or condition beyond its reasonable control. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts or choice of laws principles. In any matter connected with this Site or these Terms of Use, the parties hereto consent exclusively to personal jurisdiction in the courts of the State of New York.
Contact Us
If you have any questions or suggestions regarding these terms and conditions, please contact us here |
