Effective Date of Current Policy: October 1, 2016
Thank you for coming to www.lensabl.com (the “Site”). Lensabl, Inc., which does business as Lensabl, operates the Site and provides services through the Site, but we’ll just go by “we”, or “us” to keep it simple. We know these types of documents can get pretty long, but we want you to read this, so we’ll do our best to keep it easy to read. We will also just refer to both the Site and the services available through the Site as the “Services” to try to keep things short—shorter at least.
Things happen quickly, both inside and outside of Lensabl, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. However, even non-adults deserve fantastic eyewear, so if you are under 18 years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.
Also, you can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.
We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
We don’t believe in putting unnecessary roadblocks in your way throughout our Services. You can maneuver most of the Services without creating a user account (”Account”). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You can share a good book, a nice walk, or even an old pair of (non-prescription) glasses. You should not, however, share your Account information. You may never use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
You can always delete your Account by emailing us at firstname.lastname@example.org.
Provide Your Prescription: You can provide your prescription information by one of the following methods:
uploading a picture of your prescription from your computer;
Select your prescription strength for each category using the dropdowns on the Site
Please note that your prescription must be valid on the date you place your order. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements or within two years of the date of the prescription. If your prescription or order information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your glasses.
Pupillary Distance Measurement: We will also need your Pupillary Distance (”PD”) to fill your order. If your PD is not on your prescription, there are a few ways to get it:
Request it from your doctor. Your doctor should have measured this during your most recent eye exam, so give them a call and ask for it.
We also provide a self-measurement tool on the Site, but there is always a risk that your measurement is not as accurate as one performed by a trained eye care professional. By using our tool, you acknowledge that risk and agree that we will not be responsible for any inaccuracies in your PD.
We can measure it off the lenses you send in, but there is a risk that your PD has changed since your last eye exam. By allowing us to measure it off your previous lenses, you acknowledge that risk and agree that we will not be responsible for any inaccuracies in your PD.
Thin/Ultra-Thin Lensabl Lenses: These lenses are even thinner and lighter than our standard lenses and are great for users with strong prescriptions. These lenses may not, however, be appropriate for our younger or more active customers because they are less impact-resistant than most of the lenses we sell.
Your Lenses: Lensabl exists to make you brand new custom lenses to your specs. With that said, we understand your frames may already have lenses that are usable. If you send us glasses with lenses, we will do our best to send the original lenses back to you in the same condition we received them. There are instances where your original lenses may break during the replacement process. By sending us your frames with lenses in them, you acknowledge the risk that your lenses may break and agree that we will not return them to you if that happens.
Delivery Information: We’ll need your name, address, and telephone number to send you your Lensabl purchase. Please see below for delivery estimates for both Standard and Expedited Shipping. Estimates are based on a customer sending their frames back to Lensabl the following business day after receiving the first Lensabl box. Please note that expedited shipping costs an additional $20 and can be added during checkout.
Standard shipping is included with all orders. Expedited is an addtional $20 and can be selected during checkout.
Standard Expedited West Coast Up to 14 days Up to 8 days East Coast Up to 14 days Up to 9 days
Payment: After you have made your lens selection and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.
Checking Order Status: You will be able to check the status of your order in the My Account section of the Site at any time. If you do not see the information you are looking for, or have additional questions, please email us at email@example.com
Changing or Cancelling an Order: Our team works hard to process orders quickly so that you don’t have to wait. However, this also means that although we will try our best to accommodate order modifications, we cannot guarantee them. If you would like to change an order, email us at firstname.lastname@example.org with the subject line “Change Order.” We can change an order up until your glasses have arrived at the lab. We can also cancel an order, but only if your glasses have not yet arrived at the lab. Once they arrive at the lab, we can no longer cancel and refund your order. If we have not yet shipped the first box to you, we will cancel your order and refund your purchase. If we have already shipped the first box to you, but the glasses have not yet arrived at the lab and you still want to cancel, we will refund your purchase and deduct a $10 cancellation fee.
Risk of Loss: The risk of loss and title for all packages passes to you upon our or your delivery to the carrier (such as FedEx, UPS, or USPS).
Returns and Re-Makes: Since we are making these lenses just for you, we are unable to sell them to someone else if you change your mind. If you decide you wanted a different option or coating, we have to remake the entire pair of lenses from scratch. Therefore we cannot accept any returns.
If the lenses match the prescription and specs we received from you and they are edged correctly, you should love them. If we make a mistake, or there is something you are unhappy about, we will do our best to make it right.
Re-makes: If we did anything incorrectly, we will happily re-make your lenses to your correct specs. You have 30 days from the day you receive your new lenses to notify us if anything is wrong. If it was our mistake, we will happily pay for shipping back to our lab.
Access to your Prescription: If you have ever ordered prescription lenses from us, your prescription will automatically be saved to your user account. You can access it by logging into your account at any time. You have the ability to edit your prescription as often as you’d like or need be.
Insurance: At this time, we do not accept insurance as payment for lens purchases.
Breakage: Lensabl is not liable for your frames breaking or getting damaged when they are in Lensabl’s possession. Lensabl reserves the right to deny an order once received at the lab if the frames you send in are at risk of breaking or getting damaged and in that case would refund your purchase and return your frames
Lensabl reserves the right to cancel any suspected fraudulent orders (if your order is cancelled you will receive a full refund)
Lensabl reserves the right to alter pricing on any order if your order ends up costing more than expected (our CS team will reach out for consent on additional payment or give you the chance to cancel your order for a full refund).
Language: Presently, our order process only supports the English language.
Additional Operational Policies:
A )If you lose the first box we send you (the box you are supposed to put your frames in and send back) and request a new one, there will be a $10 fee (this fee covers shipping and materials)
B) If you forget to send your glasses to us within 90 days of your original order, we will cancel your order and refund your money
Tip: If you use the Services, you get new high-quality lenses. You do not get any of our intellectual property.
Imitation may be the sincerest form of flattery, but that doesn’t mean you can take any of our intellectual property. All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Lensabl or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site and Services (collectively the “Marks”) are proprietary to Lensabl, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at help@Lensabl.com.
After all of the restrictions above, we don’t want it to sound like you can’t even use the Services, so we’ll give you permission right here: we give you a limited, non-exclusive, non-sublicensable and non-transferable license to use (i.e., display locally) the Services solely for personal, non-commercial, use. This license will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. We don’t think you would need to do much else, so this license only gives you the rights we expressly stated in this section. Just so we’re clear, however, this license does not allow you to do any of the following:
resell or make any commercial use of the Services or any of the Service content;
modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser;
copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including without limitation any Marks, in any form or by any means, including—but not limited to—electronic, mechanical, photocopying, recording or otherwise;
use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services; or harvest or scrape any content from the Services.
Please don’t do anything that would harm the Services we offer. You may not do any of the following while accessing or using the Services:
take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
run any form of auto-responder or “spam” on the Services; or
We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or otherusers. We hope you will use these tools to meet the rest of our community and give us your feedback.
These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postingssections or similar communications facilities.
Most importantly, we want you to know that you will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, we need to be able to do certain thingswith it as described below.
We do not own any of your content, although by providing content to us, you may grant us a license to use it, as we’ll discuss here.
When you submit, distribute, transmit, or post any communications or any other material to Lensabl (either through the Services; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores, such as when you take pictures in our store photo booths. This is collectively “User Content”), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Lensabl to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we useUser Content for advertising or promotional purposes. Be assured you have our thanks. Lots of it.
You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything itcontains for any purpose including, but not limited to, developing, manufacturing, and marketing products.
In addition to giving Lensabl a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, includingafter any termination of your Account.
The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide thematerials to us.
We need you to promise us certain things about your submissions so that you don’t get us into trouble. (We really appreciate it.) When yousubmit User Content, you represent and warrant (archaic lawyer words for “pinky promise”) that
you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us);
that your submission of such materials to Lensabl does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property orproprietary rights (you didn’t take it from someone else without permission); and
all User Content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying).
In addition, any User Content must not include any profanity or obscene, indecent, or pornographic material;
contain any unauthorized or unsolicited advertising, such as spam (no one likes spam);
contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
impersonate any person or entity (we like you just the way you are!); or
include anyone’s identification documents or sensitive financial information.
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If webelieve someone is repeatedly infringing, we will terminate that person’s access rights.
If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice ofcopyright infringement containing the following to our Designated Agent (whose contact information is below):
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
identification of works or materials being infringed;
identification of the material that is claimed to be infringing including information regarding the location of the infringing materialsthat the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
your contact information, including address, telephone number and, if available, e-mail address;
a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalfof the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company by emailing email@example.com
You may see a lot of different content on the Services (especially with your new eyewear). Some of this content will come from other users or sources outside of Lensabl. All content, including User Content and third-party content, is the responsibility of the party that creates it. Lensabl does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any moderators, forum managers, or hosts on the Services are not authorized as ourspokespersons, and their views do not necessarily reflect those of Lensabl.
If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resourceson the Internet, you do so at your own risk.
Disrupting traditional models in the eyewear industry keeps us pretty busy around Lensabl, but we still try to stay on top of things happening around the Services. We may review content on the Services, but we do not have an obligation to do so. We reserve the right toreview, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Lensabl will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through theServices, regardless of whether Lensabl or another party provides it.
We like you and want you to be a long time customer, but we trust you to be adults (see: eligibility section) and have no specialrelationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:
which users access the Services;
what content you access via the Services;
what effects the content may have on you;
how you may interpret or use the content; or
what actions you may take as a result of your exposure to the content.
You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, orrepresentations associated with such dealings, are solely between you and such organizations and/or individuals.
(Sorry about this, but the below gets a little dense. All-caps doesn’t mean we’re yelling; it’s just what’s legally required.)
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Lensabl DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY Lensabl OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, Lensabl DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICESWILL MEET YOUR REQUIREMENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Lensabl OR ANYONE REPRESENTING Lensabl BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR Lensabl’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS;OR (II) $500.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANYOTHER LEGAL THEORY, AND WHETHER OR NOT Lensabl WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We really hope we won’t ever have to do this, but we do reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Termswill still continue.
No matter where you’re located, the laws of the State of New York will govern these Terms and the relationship between you and Lensabl as if you signed these Terms in New York, without regard to New York state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of anydispute arising out of or related to your use of the Services or your breach of these Terms.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable andlimited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms constitute the entire agreement between you and Lensabl and supersede all prior or contemporaneous communications andproposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from acause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, andneither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one ofour authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
You did it; you made it to the end! We know it wasn’t easy (or especially interesting). Thank you for reading.