Last updated February 15, 2022
AGREEMENT TO TERMS
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
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.
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.
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.
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
TERM AND TERMINATION
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.
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.
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.
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.
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.
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 firstname.lastname@example.org or by post to:
The Walman Optical Company
ATTN: Data Protection Officer
801 12th Avenue North
Minneapolis, MN 55411