Dualens Terms of Service



Thank you for visiting the Dualens Site (defined below). Dualens Inc. (“Dualens” “we” or“us” or “our”) owns and operates the website, www.dualens.com, and the mobile application, App (collectively, the “Site”). Dualens Inc. provides an online retail store offering the widest selection of vision care products in the United States. Dualens , (“we”and “us”) want each visitor to the Site (“you”) to have a safe, pleasurable visit, so we have established the following general terms of service that we (we and you) know what to expect from each other. By accessing to and using of the Site that you have read, understand and agree to be bound by these Terms of Service, whether you are or are not a registered user of Dualens, and is subject to your compliance with these Terms of Service. If you do not agree to abide by these or any future Terms of Service, you cannot access or use the Site. Dualens reserves the right to change, add, or delete any portions of the Terms of Service at any time. We encourage you to review the Site and Terms of Service periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes. YOUR ACCOUNT OBLIGATIONS In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) 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 have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy. Please review our Privacy Policyto understand our privacy related practices. To register and become a member of our Site, use your valid email address and create a password to register your profile. You may also login or create an account using Facebook. If at any time you no longer want to access Dualens via Facebook, please go to your Facebook permissions in your personal profile and edit your preferences. Facebook is considered a third party site per the definition outlined in this agreement. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and Dualens has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION,FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. At the time of your first order, you will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service. As a member, you agree to receive emails promoting any special offer(s), including third party offers. We may also send you our monthly newsletter from time to time. You may unsubscribe at anytime. YOUR CONDUCT Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. SWEEPSTAKES AND CONTESTS From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site/ each of these activities shall be governed by specific rules accessible from the Site offering the promotion. SITE CONTENT You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any. VALID PRESCRIPTION REQUIRED You hereby certify that you have a valid prescription for the contact lenses or eyeglasses that you are ordering. You represent and warrant to Dualens by placing an order that your information you enter into the Site is valid and true and matches exactly your prescription as provided by your eye care provider. You further certify that you will renew your prescription in strict accordance with your eye care providers suggested regime. You understand that we will not fulfill your order unless you have a valid prescription. You hereby consent to our contacting your eye care provider, or providing a copy of your original prescription to us, if necessary, to verify your prescription information and any other necessary information. Keep in mind that eyeglasses prescription and contact lens prescription can be different, so you should ensure that you are ordering the parameters for your eyeglasses and not for your contact lenses. If your prescription has expired or is more than two years old, you need to confirm that your prescription is still valid with your eye care provider before ordering. COLOR AND PRODUCTS DESCRIPTION We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition. CUSTOMER SERVICE We strive to offer the best customer service for all of our users on Dualens. Please feel free to contact Dualens Support at support@dualens.com with any questions or concerns and we will be happy to help! DELIVERY Deliveries will be as soon as possible to the address on your order and “best effort” based / Subject to delays outside our control, the overall delivery period will not exceed 30 days. From time to time, we will send samples of product, including, but not limited to, contact lens solutions and accessories. REFUNDS & RETURNS You may return any products ordered by you and cancel the agreement without stating any reason for doing so, such within seven (7) working days following the confirmation of your order ("the Return Period"). If you return the products you are obliged to comply with the requirement of our Returns Policy (below). You must return all the products in the resalable packaging provided with them. Between the date of your election to withdraw and the date the product is returned by you to us you shall bear all risk in keeping the products safe, secure, and free from loss or damage. We will issue a full refund or replacement of goods in all instances where 1. prescription contact lenses or related products are supplied to the wrong specification as per your prescription; 2. contact lenses or related products are supplied damaged; and 3. the products you have ordered are returned to us as undeliverable by the postal service. 4. Product is returned within 30 days of purchase. You can initiate a return or a refund on items from your Order History page. Simply click on “Request a Return” and complete the return/refund process. You will be requested to upload the return shipping confirmation and original receipts. We aim to process all requests within 72 hours upon receiving. If your request is refused by any reason, you will be contacted by email. Refunds (excluding shipping) are issued back to the original form of payment used to purchase the order or you may choose a store credit refund (excluding shipping) to be used at Dualens. We reserve the right to proportionately reduce the level of the refund if only some of the original quantity of contact lenses or related products is returned, or if it is clear that some of the products have been sued. In the case of goods returned under the return portions above, there must be returned undamaged and unused to quality for a refund (no open packages). Should you have any questions about the status of your refund, your return or your account, please feel free to contact Dualens support at support@dualens.com. PRIVACY Registration data and certain other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see ourprivacy policy. COPYRIGHT The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Dualens and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Dualens Inc. ? 2016. Dualens Inc.. All rights reserved. TRADERMARKS All trademarks, service marks and trade names of the Dualens on the Site are trademarks or registered trademarks of Dualens. All other brands and names (including third-party product names) are the property of their respective owners. EXPORT 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 the Site to either a foreign national or a foreign destination in violation of such laws. OUR RIGHTS We may elect to electronically monitor areas of the Site 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 Site; 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 Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party 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. LINKING TO THIRD PARTY SITES The Site may make contain links to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents. APPLICABLE LAW We make no representation that the Content in the Site is appropriate or available for use in the other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the service provided through the Site or the Content (a “Claim”) shall be governed by internal laws of the state of California, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the state of California, U.S.A SUBMISSIONS We are pleased to hear from our customers and welcome your feedback and comments regarding our products and the Site. You may post or submit reviews of products or services, comments, suggestions, or other material ("Submissions") as long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). While you may omit your name from or use a “nickname” in your Submission, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. Dualens Inc. reserves the right (but not the obligation) to monitor, edit and remove any Submission at any time with or without notice. By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity. TERMINATION These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Serives, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. GENERAL INFORMATION These Terms of Service constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional Terms of service that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred. WARRANTY DISCLARIMER WE PROVIDE THE CONTENT CONTAINED IN THIS SITE AS A SERVICE TO OUR CUSTOMERS. THIS SITE DOES NOT CONTAIN INFORMATION ABOUT ALL EYE DISEASES, NOR DOES THE SITE CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT TO ALL YOUR VISION CARE NEEDS. ALL CONTENT PROVIDED ON THIS SITE IS ONLY GENERAL HEALTH INFORMATION AND IS ONLY INTENDED TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR EYE CARE PROVIDER. IT IS NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY PARTICULAR INDIVIDUAL AND ALSO NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. YOU MUST PRESENT TO YOUR PROFESSIONAL EYE CARE PROVIDER FOR ALL SPECIFIC MEDICAL QUESTIONS ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS. YOU SHALL NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THIS SITE. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, WE AND SUBSIDIARIES AND AFFILIATES DO NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION, OR SERVICE ON THE SITE. THE INFORMATION, PRODUCTS AND SERVICES CONTAINED IN THIS SITE ARE PROVIDED “AS IS “WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH ANY OF YOUR USE OF THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DUALENS INC. AND OUR MEDICAL ADVISORS, CONSULTANTS AND STAFF DISCLAIMS AND ALL EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES AND PRODUCTS CONTAINED IN THIS SITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE ALSO INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND USERS.FOR SUCH CONTENT, WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE NO MORE EDITORIAL CONTROL OVER SUCH CONTENT THAN DOES A PUBLIC LIBR ARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT US OR OUR AFFI LIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. THERE ARE NO WA RRANTIES MADE AS TO THE COMPLETENESS, ACCURACY, CURRENCY OR RELI ABILITY OF INFORMATION OR CONTENT PUBLISHED BY US. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR OTHER SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION PRODUCTS WITH REGARD TO THE CONTE NT CONTAINED ON THIS SITE. LIMITATION OF LIABILITY DUALENS SHALL NOT BE LIABLE TO YOU AND YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND PROVINCES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SITE, YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. 
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Any rights not expressly granted herein are reserved.