Welcome to the ReplaceMyContacts ("ReplaceMyContacts")
website. The following Terms of Service govern your use of this website.
If you visit or shop at ReplaceMyContacts.com, you accept these conditions,
so please read them carefully.
We may make changes to the website, and therefore these terms and
conditions may change over time without any advance notice to you. We
encourage you to review the site and the terms and conditions periodically
for any updates or changes. Your continued access or use of
the site shall be acceptance by you of these changes and the reasonableness
of these standards for notice of the changes. We try to make
ReplaceMyContacts.com available 24 hours a day, 7 days a week for
your convenience, but some technological complications may be encountered
from time to time.
Please review our Privacy Policy, which also governs your
visit to ReplaceMyContacts.com, to understand our privacy-related
practices.
Any information supplied through this website
or by any of our employees or agents, whether by telephone, e-mail,
letter, facsimile or other form of communication, is for informational
purposes or general guidance and does not constitute medical or
other professional advice. Health-related information provided through
this website is not a substitute for medical advice and it is important
that you not make medical decisions without first consulting your
personal physician or other healthcare professional. The receipt
of any questions or feedback you submit to us does not create a professional
relationship and does not create any privacy interests other than
those described in our Privacy Policy.
When you visit ReplaceMyContacts.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.
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 are the exclusive
property of ReplaceMyContacts or its parents, subsidiaries, agents,
representatives or owners:
- All information, products, services, text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations,
software and other Content contained on or used in the website is
protected by United States and international copyright laws. All
rights reserved. Please assume that everything you see or read on
the website is copyrighted to, or used with permission from ReplaceMyContacts
unless otherwise noted.
- The trademarks, logos, service marks and trade dress (collectively,
the "Trademarks") displayed on the website are registered
and unregistered Trademarks of ReplaceMyContacts or others. The
Trademarks may not be used in connection with any product or service
that is not ours, in any manner that is likely to cause confusion
among customers or in any manner that disparages or discredits ReplaceMyContacts.
All other trademarks not owned by ReplaceMyContacts or its subsidiaries
that appear on this website are the property of their respective
owners, who may or may not be affiliated with, connected to, or
sponsored by ReplaceMyContacts or its subsidiaries.
- Images of people, objects or places displayed on the website are
either the property of, or used with permission by, ReplaceMyContacts.
- We own or use by permission all software contained on the website,
including without limitation all HTML code. Copyright and other
laws and international treaty provisions protect this software.
The law expressly prohibits any modification, redistribution or
reproduction of the software, and such actions could result in severe
civil and criminal penalties. We will seek and support prosecuting
violators to the maximum extent possible.
- You may not copy, display, distribute, download, license, modify,
publish, re-post, reproduce, reuse, sell, transmit, use to create
a derivative work or otherwise use the Content of the website for
public or commercial purposes without ReplaceMyContacts' authorization.
Nothing on this website shall be construed to confer any grant or
license of any intellectual property rights, whether by estoppel,
by implication or otherwise.
All product names, service names and marks, company names, and logos
are the property of their respective owners.
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.
We grant you a limited license
to access and make personal use of this website 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:
- resell or commercially use this website or its contents;
- download or copy any account information for the benefit of another
merchant or other person or entity;
- use any false or inaccurate information for purposes of establishing
an account with us;
- provide any information or take any other action with the purpose
of establishing an account with us in order to place test orders;
- delete or revise any material or other information of ours or
any other user;
- harvest or otherwise collect information about others, including
e-mail addresses, without their consent;
- collect or otherwise use any data located on the website for litigation
or legislative purposes;
- take any action that imposes an unreasonable or disproportionately
large load on the website's infrastructure;
- use any device, software or routine to interfere or attempt to
interfere with the proper working of the website or any activity
being conducted on this website;
- use any engine, software, tool, agent or other mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search the website other than (i) the search
engine and search agents available from ReplaceMyContacts and (ii)
generally available third party web browsers
- allow any other person or entity to use your Customer Number or
other identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of
the Service; or
You further agree not to violate or attempt to violate the security
of the website, including, without limitation, actions such as:
- accessing data not intended for you or logging into a server or
account that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
proper authorization;
- attempting to interfere with service to any user, host or network,
including, without limitation, by way of submitting a virus to or
overloading, using any type of spyware or redirecting software, "flooding," "spamming," "mailbombing" or "crashing" the
website;
- forcing the placement of cookies;
- sending unsolicited e-mail, including promotions and/or advertising
of products or services; or
- forging any TCP/IP packet header or any part of the header information
in any e-mail or posting.
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 ReplaceMyContacts without express written consent.
You may not use any meta tags or any other "hidden text" utilizing
ReplaceMyContacts' 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 ReplaceMyContacts
so long as the link does not portray ReplaceMyContacts or our products
or services in a false, misleading, derogatory or otherwise offensive
matter. You may not use any ReplaceMyContacts logo or other proprietary
graphic or trademark as part of the link without our express written
permission.
You are absolutely prohibited from
reselling in any manner any products you purchase from ReplaceMyContacts,
whether you purchased the products through the website or by any
other means.
If you use this website, you are responsible for maintaining
the confidentiality of your account, Customer Number and other
related login and account information and for restricting access to
your computer, and you agree to accept responsibility for all activities
that occur under your account or password. You agree to immediately
notify us of any unauthorized use of your Customer Number or account
or any other breach of security.
In consideration of your use of this
website, you agree to (a) provide true, accurate, current and complete
information about yourself as prompted by the forms for your account,
prescription and order 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 this website. Account
Information and certain other information about you are also subject
to our
We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders at our sole
discretion.
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, but we do not regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant ReplaceMyContacts 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
ReplaceMyContacts 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; and that
you will indemnify ReplaceMyContacts 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:
- a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the website
where the material that you claim is infringing is located;
- your name, address, telephone number and email address;
- a statement that you have a good faith belief that the use of
the copyrighted work is not authorized by the copyright owner, its
agent or the law;
- a statement that the information in the notification is accurate,
and under penalty of perjury, that the signatory is either the owner,
or is authorized to act on behalf of the owner, of an exclusive
copyright right that is allegedly infringed; and
- an electronic or physical signature of the owner or of the person
authorized to act on behalf of the owner of the copyright interest.
Legal Department
ReplaceMyContacts
Telephone 888-727-LENSES (1-888-727-5367)
email: legal@ReplaceMyContacts.com
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. All product
names, service names and marks, company names, and logos are the property
of their respective owners.
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.
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.
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 is 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 verify the authenticity of any prescription submitted
to ReplaceMyContacts, and may reject the prescription if, in our sole
discretion, we conclude that it may be invalid. We reserve the
right to reject orders based on prescriptions written by professional
not operating in the United States or which are to be shipped out
of the United States.
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.
THIS WEBSITE
IS PROVIDED BY ReplaceMyContacts ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ReplaceMyContacts 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.
THE CONTENT CONTAINED IN THIS WEB SITE IS PROVIDED BY REPLACEMYCONTACTS
AS A SERVICE TO ITS CUSTOMERS. THIS WEB SITE DOES NOT CONTAIN INFORMATION
ABOUT ALL DISEASES, NOR DOES THIS WEB SITE CONTAIN ALL MEDICAL INFORMATION
THAT MAY BE RELEVANT. ALL CONTENT PROVIDED IN THIS WEB SITE IS ONLY
GENERAL HEALTH INFORMATION AND IS ONLY INTENDED TO FACILITATE COMMUNICATION
BETWEEN YOU AND YOUR HEALTHCARE PROVIDER. IT IS NOT INTENDED
FOR DIAGNOSIS AND CANNOT PROVIDE A DIAGNOSIS FOR ANY PARTICULAR INDIVIDUAL
AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL
ADVICE, DIAGNOSIS, TREATMENT, OR CARE. ALL SPECIFIC MEDICAL QUESTIONS
YOU HAVE ABOUT YOUR MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS
SHOULD BE PRESENTED TO YOUR OWN PROFESSIONAL HEALTHCARE PROVIDER.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE
OF SOMETHING YOU HAVE READ IN THIS WEB SITE. EXCEPT AS EXPRESSLY AND
UNAMBIGUOUSLY STATED OTHERWISE, REPLACEMYCONTACTS DOES NOT ENDORSE,
OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND,
METHOD, TREATMENT, INFORMATION, OR SERVICES ON THE WEB SITE, IN ANY
WAY. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB
SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE,
THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK AND THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH ANY OF YOUR USE OF
THIS WEB SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REPLACEMYCONTACTSAND
ITS CONSULTANTS, AGENTS, REPRESENTATIVES AND STAFF (COLLECTIVELY " REPLACEMYCONTACTS")
DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION,
SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.YOU SPECIFICALLY ACKNOWLEDGE
THAT ReplaceMyCOntacts HAS NOT PROVIDED ANY MEDICAL OR PROFESSIONAL
DIAGNOSIS OR ADVICE, AND THAT YOU HAVE NOT RELIED ON ReplaceMyContacts
FOR ANY MEDICAL SERVICES. ReplaceMyContacts DOES NOT WARRANT
THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM ReplaceMyContacts
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ReplaceMyContacts
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 Commonwealth of Pennsylvania, 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.
Any dispute relating in any way to your visit to this website
or to products you purchase through us shall be submitted to confidential
arbitration in Philadelphia, Pennsylvania, except that, to the
extent you have in any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or other appropriate
relief in any state or federal court in the Commonwealth of Pennsylvania,
and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules
then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under these Terms of Service shall
be joined to an arbitration involving any other party subject to these
Terms of Use, whether through class arbitration proceedings or otherwise.
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 website
or the Terms of Use must be filed within one year after such claim
or cause of action arose or be forever barred.
Please review our other policies,
such as our Privacy
Policy, posted on this website. We reserve the right to make
changes to our website, policies and these Terms of Service at any
time.
These Terms of Service constitute the entire
agreement and govern the use of the website. You also may be subject
to additional terms and conditions that may apply when you use
third-party content or third-party software. Our failure to exercise
or enforce any right or provision of the Terms of Use shall not constitute
a waiver of such right or provision. If any provision of the Terms
of Use 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 Use remain in full force
and effect.