TERMS OF USE
GENERAL

This website (the “Website”) is owned, operated and distributed by Eyefly LLC, a Delaware limited liability company (“Eyefly”).BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE “TERMS OF USE”) AND THE TERMS AND CONDITIONS OF THE EYEFLY PRIVACY POLICY (THE “POLICY”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. These Terms of Use apply to all users, including both users who are simply viewing the Website and users who are purchasing goods through the Website.

You acknowledge that Eyefly may terminate your account, remove any data or content that you have provided and/or disable your access to the Website, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind. In addition, Eyefly may modify or remove any service or functionality included in the Website at any time, with or without notice and with no liability of any kind.

These Terms of Use, and any rights and licenses granted hereunder, may not betransferred or assigned by you, but may be assigned by Eyefly without restriction. Use of the Web Site is only available only to individuals who are at least 13 years old. If you are not 13 years old, you are not authorized to use the Website. Eyefly may, at its sole discretion, modify this Privacy Policy at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. This Privacy Policy was last modified as of April 7, 2011.

TRANSACTIONS ON WEBSITE

Eyefly reserves the right to refuse any order placed on the Website, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Eyefly makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Eyefly reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.

RETURNS

Eyefly has a 30 day return policy. Please follow these steps to return an item(s):

1. Customers with Eyefly account should login to “My Account.” Then, on the left side navigation, locate “Return an Item,” locate the order for which you want to return and click “Return an Item”

2. Fill out the form to receive a return authorization number and a pre-paid UPS domestic return shipping label.

3. Click the “Print Confirmation” button to immediately print your return confirmation and UPS domestic return shipping label. We will also send you a return confirmation email so that you can access your return confirmation and domestic return shipping label to print later.

4. Be sure to pack the return with the original packaging to protect the product from any damage. Pack the return and the return confirmation page in the original package, if possible. The return confirmation page is required for accurate return processing.

5. Take your package to any UPS location or give your package to any UPS driver making a regular pickup or delivery at your residence or place of business. Find your nearest UPS

Note: Returns that are received without the return confirmation form included will be processed back to the original payment method.

PRODUCT INFORMATION AND OTHER CONTENT

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Eyefly reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). Eyefly has made every effort to display as accurately as possible the colors of the products that appear on the Website. However, Eyefly cannot guarantee that your computer monitor’s display of any color will be accurate.

The content contained in the Website is provided by Eyefly as a service to its customers. The Website does not contain all medical information that may be relevant. Any health-related content provided in the Website should be considered 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 on this Website.

LINKS TO OTHER WEB SITES AND SERVICES

The Website may contain links to other Web sites that are not under the control of Eyefly. Eyefly has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Websites’ users.

USER SUBMISSIONS

Content submitted by users of the Web Site for public view is referred to in these Terms of Use as “User Submissions.” You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize Eyefly to use the User Submissions in the manner contemplated by the Web Site and these Terms of Use.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant Eyefly an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Web Site and under these Terms of Use.

Eyefly does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Eyefly reserves the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Website for any reason.

INTELLECTUAL PROPERTY RIGHTS

Eyefly is a provider of an interactive computer service for purposes of 47 U.S.C. section 230. As such, its liability for others’ conduct and information is limited as described therein. Further, Eyefly is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act. If you are a copyright owner and believe that any content on Web Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Eyefly notice of an infringement, you must provide a written communication to Eyefly LLC, DMCA Infringement Notification Dept., 927 Broadway, 2nd Floor, New York, NY 10010 or to dmca@eyefly.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

One or more patents may apply to this web site, including without limitation U.S. Patent

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEB SITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, EYEFLY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY. EYEFLY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE THE WEB SITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF EYEFLY’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL EYEFLY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION

MISCELLANEOUS

You agree that the Web Site shall be deemed a passive service based solely based in New York and shall not give rise to personal jurisdiction over Eyefly, either specific or general, in jurisdictions other than New York. Products are deemed to have been delivered to you when we deliver them to a common carrier at our laboratory. Accordingly, title, and risk of loss, passes to you at such time and the sale shall be deemed to have occurred in the State in which the laboratory is located. These Terms of Use shall be governed by the internal laws of the State of New York, without regard to its conflict of laws principles. Any claim or dispute between you and Eyefly that arises in whole or in part from the Web Site shall be subject to the exclusive jurisdiction of the federal and State courts located in New York, New York. These Terms of Use, together with the Privacy Policy and any other legal notices published by Eyefly on the Web Site, constitute the entire agreement between you and Eyefly concerning the Web Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Eyefly’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.

Most communications between Eyefly and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and Eyefly shall satisfy any legal requirements that such communications be in writing.

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