Welcome to the 1-800 CONTACTS, INC. (“1-800 CONTACTS”) website. The following Terms of Service govern your use of this website (“Terms”). PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND 1-800 CONTACTS AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. By using, registering with or shopping at 1800contacts.com (the “Website”), you accept these Terms, including this arbitration provision and class action waiver, so please read them carefully
By using this Website, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not meet these requirements, you must not register for or purchase products from the Website.
If you do not agree to these Terms, then you may not use, register for or shop at this Website. If at any time you do not accept all of these Terms, you must immediately stop using the Website.
No Professional Advice
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.
When you visit 1800contacts.com or send e-mails to us, you are communicating with us electronically and are consenting to receive communications from us electronically regarding a purchase or response to a question or comment or because you have chosen to receive promotional, legal or reminder emails about your contact lenses. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND 1-800 CONTACTS TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM 1-800 CONTACTS.
(a) Arbitration Agreement. You and 1-800 Contacts agree that all claims and disputes relating in any way to your use of 1-800 Contacts’ Website, or to any products you purchase or purchased through 1-800 Contacts, shall be resolved by binding arbitration on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first assent to these Terms.
(b) Waiver of Jury Trial. YOU AND 1-800 CONTACTS WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and 1-800 Contacts are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
(c) No Class Arbitrations, Class Actions, or Representative Actions. YOU AND 1-800 CONTACTS AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND 1-800 CONTACTS 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) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER 1-800 CONTACTS’ USERS.
(d) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and 1-800 Contracts will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org or by calling AAA at 1-800-778-7879.
Unless otherwise noted, all information, account information, articles, data, images, passwords, customer numbers, screens, text, user names, web pages or other materials (collectively, the “Content”) appearing on the Website, the Website itself, and all features and functionality of the Website, are the exclusive property of 1-800 CONTACTS or its subsidiaries:
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 these Terms, your right to use the Website will stop 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 is a breach of these Terms and may violate copyright, trademark, and other laws.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations
We also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.
One or more patents may apply to this Web site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
Website License and Prohibited Uses
We grant you a limited license to access and make personal use of this Website only for lawful purposes and in accordance with these Terms, and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include the use of the Website to do any of the following, including but not limited to:
You further agree not to violate or attempt to violate the security of the Website, including, without limitation, actions such as:
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of 1-800 CONTACTS without express written consent. You may not use any meta tags or any other “hidden text” utilizing 1-800 CONTACTS’ name or Trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of 1-800 CONTACTS so long as the link does not portray 1-800 CONTACTS or our products or services in a false, misleading, derogatory or otherwise offensive matter, or suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission, or disable all or any social media features and any links, at any time without notice in our sole discretion. You may not use any 1-800 CONTACTS logo or other proprietary graphic or trademark as part of the link without our express written permission.
Reselling Products Prohibited
You are absolutely prohibited from reselling in any manner any products you purchase from 1-800 CONTACTS, whether you purchased the products through the Website or by any other means.
Reviews, Comments, Communications and Other Content
We welcome your comments regarding our products, services and Website. You may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content 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, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. We reserve the right (but not the obligation) to remove or edit such content for any or no reason in our sole discretion, but we do not regularly review posted content. Any content you submit to 1-800-CONTACTS will be considered non-confidential and non-proprietary. We reserve the right to 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.
If you do post content or submit material, and unless we indicate otherwise, you grant 1-800 CONTACTS a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant 1-800 CONTACTS and any of our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; that the content you submit does and will comply with these Terms of Service; and that you will indemnify 1-800 CONTACTS for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please notify us and provide the following information:
Our agent for notice claims of copyright infringement on the Website can be reached as follows:
1-800 CONTACTS, INC
261 Data Drive
Draper, Utah 84020
We attempt to be as accurate as possible in describing offered products. However, we do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current or error-free. If a product we offer is not as described, your sole remedy is to return it in unused condition.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations-including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from this Website to either a foreign national or a foreign destination in violation of such laws.
The owner of this Website is based in the state of Utah in the United States. 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.
We may elect to electronically monitor areas of this Website and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Website.
Without limitation to the foregoing, we further reserve the right to take appropriate legal action, including without limitation referral to law-enforcement, for any illegal or unauthorized use of the Website. 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 TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or these Terms of Service or is otherwise harmful to the interests of another user or us.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
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.
Links to Third Party Websites
Occasionally, we may make available a link to a third party’s website. These links will let you leave this Website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents.
Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED BY 1-800 CONTACTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. 1-800 CONTACTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, 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.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 1-800 CONTACTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 1-800 CONTACTS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM 1-800 CONTACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 1-800 CONTACTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting this Website, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between us.
Website Policies and Modification
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.
Notice to California Residents
If you are a California resident, under California Code § 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website you may contact 1-800 CONTACTS at: 261 W Data Drive, Draper, UT 84020. Or by telephone at (801) 924-9800 or email at firstname.lastname@example.org. You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or my telephone at (800) 952-5210 or (916) 445-1254.