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Terms and conditions

Terms and Conditions

Agreement between User and opticalnearme.com
Welcome to opticalnearme.com. The opticalnearme.com website (the “Site”) is comprised of
various web pages operated by Optical Near ME (“Optical Near ME”). opticalnearme.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the “Terms”). Your use of opticalnearme.com constitutes your agreement
to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

opticalnearme.com is an E-Commerce Site.

Optical Near ME provides ophthalmic frames and lenses. We work with local optometrists to
ensure you are getting the right care from beginning to end with your eyewear including ensuring
that your fit is perfect and you have every opportunity to get your frames adjusted and your lenses
verified.

Privacy
Your use of opticalnearme.com is subject to Optical Near ME’s Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting opticalnearme.com or sending emails to Optical Near ME constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Optical Near ME is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Optical Near ME and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
Optical Near ME does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use opticalnearme.com only with
permission of a parent or guardian.

Cancellation/Refund Policy
Orders can be cancelled within 24 hours. We accept returns for full credit under manufacturer’s
defect or manufacturer’s error including error in processing, back orders exceeding 4 weeks or
greater and unavailability of product.

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Links to Third Party Sites/Third Party Services
opticalnearme.com may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of Optical Near ME and Optical Near ME is not responsible for the contents of
any Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Optical Near ME is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Optical Near ME of the site or any
association with its operators.

Certain services made available via opticalnearme.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the opticalnearme.com
domain, you hereby acknowledge and consent that Optical Near ME may share such information
and data with any third party with whom Optical Near ME has a contractual relationship to
provide the requested product, service or functionality on behalf of opticalnearme.com users and
customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
opticalnearme.com strictly in accordance with these terms of use. As a condition of your use of the
Site, you warrant to Optical Near ME that you will not use the Site for any purpose that is unlawful
or prohibited by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Optical Near ME or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Optical Near ME content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Optical Near ME and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Optical Near ME or our licensors except as expressly authorized by
these Terms.

International Users
The Service is controlled, operated and administered by Optical Near ME from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
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compliance with all local laws. You agree that you will not use the Optical Near ME Content
accessed through opticalnearme.com in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Optical Near ME, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Optical Near ME reserves the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will fully cooperate
with Optical Near ME in asserting any available defenses.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. OPTICAL NEAR ME AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

OPTICAL NEAR ME AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
OPTICAL NEAR ME AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL OPTICAL NEAR ME AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
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OPTICAL NEAR ME OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.

Termination/Access Restriction
Optical Near ME reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of New York and you
hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising
out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Optical Near ME as a result of this agreement or use of the Site. Optical Near ME’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Optical Near ME’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Optical Near ME with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Optical Near ME with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Optical
Near ME with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.

Changes to Terms
Optical Near ME reserves the right, in its sole discretion, to change the Terms under which
opticalnearme.com is offered. The most current version of the Terms will supersede all previous
versions. Optical Near ME encourages you to periodically review the Terms to stay informed of
our updates.

Contact Us
Optical Near ME welcomes your questions or comments regarding the Terms:

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Optical Near ME
156 Hawkins Rd NY
Centereach, New York 11720

Email Address:
info@opticalnearme.com

Telephone number:
1 (888) 410-6784

Effective as of October 26, 2020

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