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Terms and Conditions

WHAT EYES WANT LLC TERMS AND CONDITIONS

 

ENTERING THIS WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT OR CANNOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED TO ENTER OR OTHERWISE USE THIS WEBSITE.  BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS.

 

1.       ABOUT THE WEBSITE AND PRODUCTS

 

General

 

            The website – www.whateyeswant.com (the “Website”) is owned by What Eyes Want LLC, an Indiana limited liability company (“We”, “we”, “Our”, “our”, “us”, or “Company”).  Your access or use of this Website or its content, service, materials, information or systems, and/or purchase of its Products (as defined herein below) are subject to these terms and conditions (the “Terms”).  We reserve the right to revise these Terms at any time and from time to time without notice or liability.  As such, you should check these Terms periodically. If you violate any of these Terms you will have your access cancelled and you may be permanently banned from accessing, viewing, browsing and using the Website. Your accessing, viewing, browsing and/or using the Website after we post changes to these Terms constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them.

 

Website

 

            The Company operates the Website as a site where certain products, including, but not limited to, prescription and non-prescription eyewear (each individually a “Product” or, collectively, the “Products”) are advertised as well as offered for sale by the Company to the general public. The Company, in its sole discretion, reserves the right to alter, modify, change, suspend, or terminate the Website without prior notice or liability to you.  Except as otherwise expressly stated herein these Terms, the Company does not guarantee the quality or condition of the Products advertised for sale on the Website.

 

            The Website is owned by the Company and is protected under applicable copyrights, patents, trademarks, or other proprietary rights, and the copying, redistribution, use or publication by you of the Website and any material therein is strictly prohibited, unless otherwise authorized by the Company in writing. Under no circumstances shall you acquire any ownership rights or other interest by or through your use of the Website. These Terms do not grant you any rights to use the Company’s trademarks, service marks, trade names, logos, domain names, or other brand features or proprietary designations. 

 

            Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website solely for your own personal use. Your license to use the Website is automatically revoked if you violate these Terms. We reserve all rights not expressly granted in these Terms.

 

            Whenever you use this Website, you are warranting to the Company that you have the legal capacity and authority to enter into, accept, and be subject to the Terms and that you will use this Website in accordance with all the Terms.

 

Purchase of Products; Payment Process; Order Limitations

 

            All Products purchased by you on the Website shall be paid by you in accordance with the payment policies and acceptable forms of payment in place at the time of purchase.  If your payment is rejected, refunded, or otherwise not successfully transferred to the Company, your purchase shall be cancelled. We are required to collect the full cost of your purchase, including all taxes (as applicable). By entering your payment information and submitting your order on the Website, you authorize us and our third-party payment processors (such as Stripe) to charge the amount of the order to your selected payment method.

            Prepaid cards are limited to purchasing one (1) Product per order. Because of the high-risk nature of prepaid cards, we will only fulfill Products purchased with a prepaid card if you pay five (5) monthly payments for the Product up-front in accordance with this paragraph and the remaining seven (7) monthly payments for the Product on a monthly basis over the course of the next seven (7) months. At our discretion, we will either (i) charge the five (5) monthly up-front payments over the course of five (5) days (starting with the purchase date) or (ii) charge four (4) monthly up-front payments in one lump payment (assuming the first monthly payment was paid at checkout) (the “Up-Front Payments”). The sixth monthly payment will be charged one (1) month after the Up-Front Payments.

            Debit cards are limited to purchasing two (2) Products per order to qualify for payment of each Product on a monthly basis over the course of twelve (12) months. If you want to purchase three (3) or more Products, you must pay the Up-Front Payments for each Product purchased in excess of two (2) Products, and the sixth monthly payment will be charged one (1) month after the Up-Front Payments.

 

            Credit cards are limited to purchasing three (3) Products per order to qualify for payment of each Product on a monthly basis over the course of twelve (12) months. If you want to purchase four (4) or more Products, you must pay the Up-Front Payments for each Product purchased in excess of three (3) Products, and the sixth monthly payment will be charged one (1) month after the Up-Front Payments.

 

            After you pay the first monthly payment for a Product, you may pay your remaining balance for such Product at any time before your final monthly payment is due.

 

Third-Party Order and Payment Processor

 

            We use third-party order and payment processors (the “Third-Party Processors”), including Stripe, to process all orders and payments for Products. When you order a Product, you grant the Third-Party Processors permission to charge your payment method on file at checkout and for all automatically recurring monthly payments afterwards. By ordering a Product, you grant the Third-Party Processors the right to collect personal information about you, including your name, address, phone number, and credit card numbers. In no event shall we have any liability to you with respect to any and all claims at any and all times arising from or related to Third-Party Processors.

 

Coupons and Promotions

 

            From time to time, the we may offer coupons for use in connection with your purchase of Products. Coupons may be added on either the cart page or checkout page of the Website. Only one (1) coupon is permitted per order. Coupons offered by the Company may include: (i) a specific dollar amount off of the first monthly payment for a Product, (ii) a percentage off of the first monthly payment for a Product, (iii) a specific dollar amount off of all twelve (12) monthly payments for a Product, or (iv) a percentage off of all twelve (12) monthly payments for a Product. Coupons may be offered or removed by the Company at any time and without notice. We reserve the right to refuse your use of a coupon if we believe such coupon is being used by an individual other than the intended recipient of such coupon, we believe such coupon was procured by improper or illegal means, such coupon is not applicable to the Product(s) being purchased, such coupon is expired, such coupon contains an error, or such coupon is otherwise invalid. Some coupons are restricted to use on certain Products only, and some coupons are restricted to one (1) use per account.

 

 

Automatic Charges

 

            You are responsible for full payment of your order. Monthly payments for the Products you purchase will be automatically charged to your payment method on file with us. After twelve (12) successful payments for a Product, or if you pay off your remaining balance before the date of your twelfth payment, your payment method will stop being charged.

 

Failed Payments; Collections

 

            If any of your payments fail, we reserve the right to attempt to recharge your payment method on file at any time until you are up to date on your payments owed to us. In the case of a failed payment, we may contact you to either attempt to recharge your payment method on file or add a new payment method to your account to begin charging. If you fail to make a payment when due, we also reserve the right to commence actions for collection of such balance, including sale of your balance to a collection agency.

Denying Fulfillment of Orders

 

            Notwithstanding anything in these Terms to the contrary, we reserve the right, in our sole discretion, to deny fulfillment of any order at any time and for any reason or no reason, including (i) you failed to make a monthly payment on a previous order, (ii) you have not yet paid off your outstanding balance on a previous order, (iii) you did not provide sufficient information for us to process and fulfill your order, or (iv) you acted inappropriately towards the Company or its employees.

 

Availability of Products

 

            The Company does not guarantee the continued availability of any Product for sale. Production of some Products may cease at any time and such Products will no longer be available. Some Products may be out of stock and require ordering from a domestic or international manufacturer, which could result in significant delays in receipt of such Products. Due to potential manufacturer or delivery complications, we cannot guarantee that we will be able to acquire Products that are currently out of stock.

 

Order Delivery

 

            The risk of loss and title for all Products you order passes to you upon our delivery to the carrier (such as USPS). At this time, we only ship our Products within the United States. We cannot accept any orders or ship any orders to any country outside of the United States. Orders are usually shipped within seven (7) to twenty-one (21) days from the date of the order, depending on several factors, including prescription type, amount of the Product in stock, receipt of all necessary prescription information from you, and other factors. As with all medical devices, your order is subject to government inspection, shipping delays, strikes, and other unforeseeable events, which could delay or prevent delivery of your order. Therefore, timing of delivery might be significantly delayed or impaired, and orders may take longer than expected to receive. We do not guarantee a specific delivery date.

Return and Exchange Policies

 

            You will have thirty (30) days from the date of delivery of a Product (the “Return Period”) to return the Product for a refund or exchange the Product for another Product. To make a return or exchange, simply call us, live chat us, email us, or submit a contact form on the Website within the Return Period to purchase an electronic shipping label, which you must purchase from us for Five Dollars ($5.00) to proceed with your return or exchange. Once you have the label, ship the Product back to us with the lenses intact in the frames and inside of the case you received from us. Once we receive the Product back from you with the lenses intact in the frames and inside the case you received from us, we will ship you the exchange Product or issue your full refund for the purchase price of the Product back to the payment method used to place the order within a reasonable time thereafter, as applicable. In the case of an exchange, if there is a price difference in the original order and the exchange order, we will either reimburse you for the amount that your exchange order is less than the original order or we will divide the amount that your exchange order is greater than the original order across your remaining monthly payments. In the case of lenses that are replaced beyond the Return Period, we may remake the lenses for you in our discretion and spread the cost of the new lenses out over your remaining monthly payments.

 

            To receive a return or exchange for a Product, you must return the Product to us in its original, unused and unworn condition. Notwithstanding anything in the Terms to the contrary, we reserve the right to reject your return or exchange of a Product and not to issue any refund or exchange in our sole discretion in certain circumstances, including damage to the Product(s) caused by the wear and tear of everyday use, damage caused to the Product(s) during delivery, damage caused to the Product(s) by sudden force or impact, and your prior interactions with the Company.

 

Support

 

            We offer support via email at support@whateyeswant.com.

 

2.       ABOUT YOU

User Accounts

 

            In consideration of your use of the Website, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”) and (ii) maintain and promptly update the Account Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all of your current and future use of the Website.

 

Your Prescription

 

            You certify that you will renew your eyeglass prescription in agreement with your eye care provider’s suggestion. We have the right to refuse to fulfill your order if we do not receive or do not believe to have received a valid prescription from you. You represent and warrant the validity of any document or information you present to us that is purported to be your eyeglass prescription, and agree that we have no duty to confirm the validity of the prescription you gave us. You agree to provide a copy of your eyeglass prescription to us, and hereby consent to our contacting your eye care provider, if necessary and in our discretion, to verify your eyeglass prescription and any other necessary information that we need to fulfill your order.

            If you purchase prescription eyewear and we deem your prescription information as incomplete, we may need to take additional measures to obtain full, current information, such as a pupillary distance (“PD”) measurement, which could result in a delay in order fulfillment and delivery. If your prescription has expired, or is more than two (2) years old, we recommend that you confirm it with your eye care provider prior to submitting your order.

 

            If you submit a prescription to us without a pupillary distance (“PD”) measurement, we will require that measurement from you via one (1) of the following means: (i) sending us a photo with a standard size magnetic strip card held up to your mouth, (ii) measuring your PD yourself using a millimeter ruler, (iii) having your eye care provider measure your PD, or (iv) other methods that we deem accurate and safe to you. If you choose to send us a photo, we reserve the right to use the photo in order to measure your PD. We will not share your photo publicly, nor use any information gained from the magnetic strip card in your photo.

 

            Some Products do not support certain prescription strengths due to the construction of the Product frames. We reserve the right to reject an order, in our sole discretion, if we believe that the Product you ordered will not support your prescription.

 

            We cannot accept contact prescriptions for use with eyeglasses. Contacts prescriptions are different from eyeglass prescriptions. We are only able to utilize eyeglass prescriptions with eyeglasses.

 

User Caution

 

            You should exercise caution and discretion while browsing the Website and the internet.  Hyperlinks on the Website, if any, may not be under the control of the Company, and we do not make any representations or warranties concerning any such websites which you may access via a hyperlink from the Website.  Accordingly, we are not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of any material contained in such other websites which may be accessible via a hyperlink to or from the Website or for the hyperlink itself.  We are or may provide these hyperlinks to you only as a convenience and the inclusion of any hyperlink on the Website is not and should not imply any endorsement by us of such linked websites, the owners of such websites, or the products or services described on such websites. 

 

User Responsibilities

 

            You assume the responsibility to take adequate precautions against damages to your systems or operations which could be caused by defects or deficiencies in the Website, Products, any content therein, service, system, databases, or material, or parts thereof.  You acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while the Company will implement reasonable security precautions to attempt to prevent such occurrences, the Company does not guarantee or warrant that such events will not take place.  You are responsible for ensuring that any access made by or for you to this Website does not contain any viruses or other computer software code or routing designed to disable, erase, impair, or otherwise damage the Website or any system, software, or database of the Company or any other user of the Website.  You hereby agree to indemnify and hold the Company harmless from any liability, claim, cost, or damage arising out of your use of the Website or any claim or suit by any such user caused by such virus or code or subroutine.

 

Your Obligations and Conduct

 

            You agree not to misuse or attempt to misuse the Website and will use the Website only in a manner consistent with the Terms. By using the Website, you agree not to:

 

                    i.                        rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer your account or any of your rights granted under the Terms;

 

                  ii.                        impersonate any person or entity, falsely claim an affiliation with any person or entity, access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similarly fraudulent activity;

 

                iii.                        use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

 

                 iv.                        defame, harass, abuse, threaten, or defraud other users or third parties, or collect or store, or attempt to collect or store, personal information about users or third parties without their explicit consent;

 

                   v.                        post, upload, publish, submit, transmit, or grant the Company access to any text, graphics, images, music, audio, video, information, or other material that: (i) is defamatory, obscene, pornographic, vulgar, or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (iv) promotes illegal or harmful activities or substances;

 

                 vi.                        remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Website;

 

               vii.                        reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

 

             viii.                        modify, adapt, translate, or create derivative works based on the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

 

                 ix.                        attempt to access or search the Website through the use of any engine, software, tool, agent, device or mechanism including “robots,” “spiders,” “scrapers,” or “offline readers;”

 

                   x.                        introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment related to the Website;

 

                 xi.                        damage, disable, overburden, impair, interfere with, disrupt, or gain unauthorized access to the Website, including the Company’s or its agents’ servers, computer networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;

 

               xii.                        encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability;

 

             xiii.                        interfere with any other party’s use and enjoyment of the Website;

 

             xiv.                        intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; and/or

 

               xv.                        attempt to do any of the foregoing.

 

 

 

Termination of Usage

 

            We reserve the right, in our sole discretion and without liability to you, to review your status and compliance with the Terms hereof, to suspend or terminate your use of the Website or 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, is in breach of these Terms (including your user information) or is otherwise harmful to the interests of other users or us.

 

Usage by Those Under the Age of Majority

 

            This Website is intended to be used by persons having obtained the age of majority, as provided for by applicable law, and is not intended for or directed to persons who are under the age of majority.  We cannot prohibit those under the age of majority from accessing, viewing, browsing, visiting, or using the Website, we must rely on parents, guardians, and those responsible for supervising such minors to decide which materials are appropriate for viewing and/or purchasing.  By registering with this Website, purchasing Products from us or providing us with any information, you represent to us that you are of majority age and legally permitted to enter into a binding contract or, if you are under the age of majority, you have the express permission from your parent or guardian and that any information you provide to us is accurate and true in all respects.

 

3.       ABOUT ADDITIONAL TERMS AND CONDITIONS

 

Warranty

 

            We utilize commercially reasonable efforts to ensure the authenticity and quality of the frames, eyeglasses lenses, and coatings of our Products. If you believe a Product you purchased from us has a manufacturing defect within three hundred sixty-five (365) days of delivery of the Product to you (the “Manufacturing Defect Period”), simply contact us within the Manufacturing Defect Period via phone, live chat, email, or a contact form on the Website for an electronic return label to facilitate a refund or exchange of the Product. Notwithstanding the foregoing, we reserve the right to reject your return of a Product and not to issue any replacement, exchange, or refund in our sole discretion in certain circumstances, including damage caused by the wear and tear of everyday use, damage caused during delivery, or damage caused by sudden force or impact.

 

Product Authenticity

 

            We utilize commercially reasonable efforts to ensure all our Products are 100% authentic and purchased directly from the frame manufacturers or other authorized distributors. We do not guarantee that the actual color or pattern of a Product is exactly as displayed on the Website.

 

Disclaimer of Liability

 

            Except as otherwise expressly provided herein these Terms, we do not guarantee, represent, or endorse the accuracy or reliability of any of the information, content, or advertisements contained on, distributed through, or linked, downloaded, or accessed from this Website, nor the quality of any Products, information, or other materials or services displayed, obtained, or purchased by you as a result of your use of this Website. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. You agree to use the Products only for their designed purpose.

 

            EXCEPT AS EXPRESSLY PROVIDED HEREIN THESE TERMS, ALL PRODUCTS, INFORMATION OR CONTENT ON OR OBTAINED THROUGH THIS WEBSITE ARE PROVIDED “AS IS”, “WHERE IS” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES RELATING THERETO, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INTERFERENCE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN THE WEBSITE WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE WEBSITE OR THE PRODUCTS, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

 

            UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE OR THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATED TO THE WEBSITE SHALL BE TO CEASE ALL OF YOUR USE OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATED TO THE PRODUCTS SHALL BE THE APPLICABLE MANUFACTURING DEFECT WARRANTY, LENSES WARRANTY, PRODUCT RETURN POLICY, OR PRODUCT EXCHANGE POLICY, EACH AS SET FORTH IN THE TERMS.

 

            In the event the liability disclaimer set forth above is held to be invalid or ineffective, in whole or part, our liability shall be limited to the total amount of any monies received from you for Products.

 

Indemnity

 

            You agree to indemnify and hold the Company and its parents, owners, members, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, and the officers, directors, managers, members, employees, agents, and representatives of each of them harmless, including costs, liabilities, and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Website and/or Products or (ii) your violation of the Terms.  The Company reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company.  The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

Consent to Our Communication with You

 

            By providing your personal information to us when you set up your account, place an order, or otherwise, you grant the Company permission to contact you at the email address and/or phone number provided, including via text messages (a/k/a SMS messages) from us. To stop receiving marketing emails and/or text messages from us, you may follow the opt-out procedures in our marketing communications.

 

Contests and Giveaways

 

            We may offer contests or giveaways from time to time. Entry into such contests or giveaways is limited to one entry per person. No purchase is necessary to participate in such contests or giveaways, but a participant must be at least eighteen (18) years old and a U.S. resident. Winners and prizes for such contests or giveaways will be chosen at random.

 

Governing Law

 

            The Terms, your use of this Website, the purchase and/or use of Products, and all other matters between the Company and you related hereto, shall be governed by applicable United States federal law and the laws of the State of Indiana, without regard to the conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to the Terms, this Website, the Products, or all other matters between the Company and you related hereto. Any suit or proceeding arising out of or relating hereto must be commenced within one (1) year from the date the right, claim, demand, or cause of action being asserted first came into being. Venue for all disputes between you and the Company shall be exclusively in the state and federal courts situated in Marion County, Indiana. In addition, you and the Company agree to submit to the exclusive personal jurisdiction and venue of such courts.

 

Severability and Reformation

 

            If any part or parts of the Terms are held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provisions and the remaining parts will continue to be valid and enforceable.

 

Attorneys’ Fees

 

            In the event of any action arising out of or related to these Terms, the Website, or the Products, the Company shall be entitled to recover from you its reasonable attorneys’ fees, costs, and expenses incurred in such action. Attorneys’ fees incurred in enforcing any judgment in respect of these Terms are recoverable as a separate item. The preceding sentence is intended to be severable from the other provisions of these Terms and to survive any judgment and, to the maximum extent permitted by law, shall not be deemed merged into any such judgment. 

 

Waiver

 

            If the Company does not exercise or enforce any legal right or remedy which is contained in this Agreement, or which the Company has the benefit of under applicable law, that shall not act as a formal waiver and those rights shall still be available to the Company.

 

 

Survival of Terms

 

            Any provisions or obligations contained in the Terms which by their nature or effect are required or intended to be observed, kept, or performed after termination of the Terms shall survive the termination of the Terms and remain binding upon and for the benefit of the parties, their successors, and permitted assignees.

 

Assignment

 

            You may not assign this agreement without our express, written consent, which may be withheld for any reason or no reason.

 

 

Entire Agreement

 

            The Terms contain the entire agreement between you and the Company regarding the subject matter contained herein and supersede any prior agreement between you and the Company on such subject matter. The parties acknowledge that no reliance is placed on any representation made that is not expressly contained in these Terms. 

 

Infringement

 

            Our policy is to be compliant with all intellectual property laws. It is our policy to block or remove Products or such other material from the Website in violation of such laws and if necessary, disable access to any such infringing material. In accordance with the Digital Millennium Copyright Act, as amended, we are not liable for any infringement of any third-party property rights resulting from the placement or transmission on or through the Website of any content by independent third parties. If you believe that your rights under intellectual property laws are being violated by any Products and/or content placed or transmitted on or through the Website, please contact us promptly so that we may investigate the nature of your claim. In order for us to investigate your claim of infringement, you must provide us, in writing, with the following information:

 

                    i.                        A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

                  ii.                        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

 

                iii.                        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.

 

                 iv.                        Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 

                   v.                        A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

                 vi.                        A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

 

The foregoing information must be sent to:

 

By mail:

What Eyes Want LLC

2839 Lafayette Road Indianapolis, IN 46222

 

By phone:

(844) 393-9268

 

 

By email:

support@whateyeswant.com

 

The Terms were last updated March 7, 2018.

 

IF YOU DO NOT OR CANNOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, PLEASE EXIT THE WEBSITE AND DO NOT PURCHASE ANY PRODUCTS.