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Last updated February 15, 2022

 

AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Walman Optical Company ("Company", “we”, “us”, or “our”), concerning your access to and use of the Company websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto where these Terms are posted (together with subdomains, collectively, the “Site”) and their content, features, services, sales, marketing or events(collectively with the Site, the “Digital Services”) made available to you through your access and use of the Site. You agree that by accessing, using or browsing our Digital Services, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE OF THE DIGITAL SERVICES IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time, including, but not limited to our Privacy Policy and Cookie Policy are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Digital Services after the date such revised Terms of Use are posted.  

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Digital Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, trade dress and graphics related to the Digital Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided through the Digital Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Digital Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever (including in “meta-tags” or “hidden text”), without our express prior written permission.

 

Provided that you are eligible to use the Digital Services, you are granted a non-exclusive limited license to access and use the Digital Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use in connection with the Digital Services. We reserve all rights not expressly granted to you in and to the Digital Services, the Content and the Marks.

 

USER REPRESENTATIONS

 

By accessing, browsing or using the Digital Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Digital Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use our Digital Services for any illegal or unauthorized purpose; (5) your use of the Digital Services will not violate any applicable law or regulation; (6) you will not disrupt or interfere with the security of, or otherwise cause harm to the Digital Services, including system resources, accounts, passwords, servers or networks connected to or accessible through the Digital Services or any affiliated or linked websites, applications, materials, documents or services; (7) you will not post or otherwise submit any software, programs or files that are harmful or disruptive to any equipment, software or other property, including corrupted files, time bombs, Trojan Horses, viruses and worms; (8) you will not disrupt, interfere or inhibit any other user from using and enjoying the Digital Services; and (9) you will not violate the rights (including rights of privacy and publicity) of the Company or any third party or abuse, defame, harass, stalk or threaten another.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services or the Site (or any portion thereof). 

 

ACCOUNTS, PASSWORD AND SECURITY

 

Some portions of our Digital Services may permit or require you to create an account.  You are responsible for maintaining the confidentiality of your account username and password.  You should not permit others to use your account and you may not use anyone else’s account at any time.  You agree to immediately notify us of any unauthorized use of your account or any other breach of security.  We reserve the right to take any and all actions we deem necessary or reasonable to help ensure the security of the Digital Services and your account, including terminating your account.  Notwithstanding the above you are responsible for all activities that occur under your account and we may rely on the authority of anyone accessing your account or using your password.  We shall not be liable for any damages resulting form (i) any action or inaction of us under this provision, (ii) any compromise of the confidentiality of your account or password, and/or (iii) any unauthorized access to your account or use of your password. 

 

PROHIBITED ACTIVITIES

 

You may not access or use the Digital Services for any purpose other than that for which we make the Digital Services available. Digital Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

You are expressly prohibited from framing, linking or otherwise using or displaying the Digital Services so that they appear to be part of your own or someone else’s website or digital platform.

 

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Digital Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

 

MANAGEMENT OF DIGITAL SERVICES

 

We reserve the right, but not the obligation, to: (1) monitor the Digital Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Digital Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Digital Services.

 

TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you access, browse or use the Digital Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE DIGITAL SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN ANY DIGITAL SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS 

 

We reserve the right to change, modify, or remove the contents of the Digital Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information provided in connection with the Digital Services. We also reserve the right to modify or discontinue all or part of the Digital Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Digital Services.  

 

We cannot guarantee Digital Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Digital Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Digital Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Digital Services during any downtime or discontinuance thereof. Nothing in these Terms of Use will be construed to obligate us to maintain and support Digital Services or to supply any corrections, updates, or releases in connection therewith.

 

GOVERNING LAW 

 

These Terms of Use and your use of Digital Services are governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be entirely performed within the State of Minnesota, without regard to its conflict of law principles.  

 

CORRECTIONS

 

There may be information made available through the Digital Services that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information made available through the Digital Services at any time, without prior notice.

 

PRODUCT INFORMATION

 

We have made every effort to ensure the Digital Services accurately present the dimension, features and colors of our products.  The colors you see in our products viewed through the Digital Services are dependent on a variety of factors including your monitor or other viewing display device and we cannot guaranty that colors will be accurately displayed.  We further do not warrant that the product descriptions are accurate, complete, reliable or error-free.  

 

DISCLAIMER

 

THE DIGITAL SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE DIGITAL SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DIGITAL SERVICES AND YOUR USE THEREOF, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE  CONTENT OF THE DIGITAL SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF DIGITAL SEVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DIGITAL SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DIGITAL SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

MEDICAL DISCLAIMER;FIND AN EYE DOCTOR LOCATOR.  

 

Portions of the digital services provide general information about vision, vision care and vision correction.  This content is intended for informational purposes only.  We do not provide medical advice or professional healthcare advice and the digital services should not be used as a source of or substitute for such advice.   If you suspect that you have a vision problem or medical condition requiring attention, contact a qualified professional as soon as possible.  If you are experiencing a medical emergency, call 911 immediately.  

 

Although the Digital Services may provide you with the ability to locate eye care  professionals (“ECP”) offering Company products through a “Find An Eye Doctor” or similar ECP locator feature (individually and collectively, “ECP Locator”) and may offer information and other content provided by ECPs and other healthcare professionals, your use of the Digital Services does not create a healthcare professional-patient relationship or a doctor-patient relationship with any with any ECP or other healthcare professional.

 

The ECP Locator is provided as a convenience to consumers to enable them to locate ECPs offering our products. Any other use is strictly prohibited.  WE DO NOT ENDORSE OR RECOMMEND OR MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES PROVIDED BY, ANY INDIVIDUAL ECP OR ECP PRACTICE, INCLUDING ECPS REFERENCED OR LISTED ON, OR ACCESSIBLE THROUGH, THE ECP LOCATOR OR OTHER PORTIONS OF THE DIGITAL SERVICES.  Exclusion from the ECP Locator does not indicate our disapproval of any ECP.

YOU ARE SOLELY RESPONSIBLE FOR CHOOSING YOUR ECP AND OTHER HEALTHCARE PROFESSIONALS. YOUR USE OF THE ECP LOCATOR AND DIGITAL SERVICES IS AT YOUR OWN RISK. We shall not be liable to you or others for any decision made or action taken in reliance on the information obtained from the ECP Locator or the Digital Services.

 

LIMITATIONS OF LIABILITY

 

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOST BUSINESS OPPORTUNITIES AND/OR BUSINESS INTERRUPTION OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES, OR UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL SERVICES OR THE COMPANY’S SERVERS, OR ANY PERSONAL, FINANCIAL OR OTHER INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR THE COMPANY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of or interference with the operation of the Digital Services including any information or content you provide to us through the use of the Digital Services; (2) breach of these Terms of Use or any applicable laws, rules or regulations; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Digital Services with whom you connected via the Digital Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

USER DATA

 

We will maintain certain data that you transmit through the Digital Services for the purpose of managing the performance of the Digital Services, as well as data relating to your use of the Digital Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Digital Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Accessing the Digital Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Digital Services, satisfy any legal requirement that such communication be in writing.

 

CALIFORNIA USERS AND RESIDENTS

 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us through the Digital Services or in respect to the Digital Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Digital Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

CONTACT US 

 

In order to resolve a complaint regarding the Digital Services or to receive further information regarding use of the Digital Services, please contact us at webinfo@walman.com or by post to

 

The Walman Optical Company    

ATTN: Data Protection Officer

801 12th Avenue North

Minneapolis, MN 55411 

United States