These Terms are originally written in the English language. We take commercially reasonable measures to translate these Terms, however translation of legal documents (such as these Terms) can involve difficult translation issues regarding terms of art and nuance where even the best translations can sometimes be imperfect or fail to completely and correctly capture the intended legal meaning in English. Thus, we also provide an English-language translation along with any locally translated versions, and to the extent any translated versions of these Terms conflict with the original English language version, the original English language version of these Terms would control in any interpretation of the Terms. If you have any questions regarding the translation or meaning of anything contained in these Terms, please contact us at firstname.lastname@example.org.
These Terms may be changed from time to time, and your use of VTO following any such changes shall confirm your agreement to be bound by the Terms as modified.
No Medical Advice or Treatment
VTO is not intended to diagnose health problems and does not replace the advice, diagnosis, or treatment of an eye doctor or medical professional. No warranties or representations are made in relation to, and no responsibility is assumed, for the information contained in or related to VTO. Contact your eye doctor or a medical professional directly if you have any questions concerning your health or vision.
Links to Third Party Websites
VTO may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FGX and FGX is not responsible for the contents of any Linked Site, including without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. FGX is not responsible for webcasting or any other form of transmission received from any Linked Site. FGX provides Linked Sites only as a convenience, and the inclusion of any link does not imply endorsement by FGX of the Linked Sites or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of VTO, you warrant to FGX that you will not use VTO for any purpose that is prohibited by these Terms or unlawful. You may not use VTO in any manner which could damage, disable, overburden, or impair VTO or interfere with any other party’s use or enjoyment of VTO. You may not obtain or attempt to obtain any materials not intentionally made available or provided via VTO.
Materials Provided to FGX
Any feedback or suggestions you provide to FGX, or post, upload, input or submit associated with VTO (collectively “Submissions”) shall be and remain the property of FGX. FGX is under no obligation to pay for or respond to Submissions. You hereby grant, and you represent and warrant that you have the right to grant, to FGX an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, and prepare derivative works of, incorporate into other works, and otherwise use, your Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your Submissions. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution concerning your Submissions.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.
You are solely responsible for your Submissions. You assume all risks associated with use of your Submissions, including any reliance on their accuracy, completeness, or usefulness by others, or any disclosure of your Submissions that makes you or any third party personally identifiable. You hereby represent and warrant that your Submissions do not violate these Terms. You may not state or imply that your Submissions are in any way provided, sponsored or endorsed by FGX. Because you alone are responsible for your Submissions, you may expose yourself to liability if, for example, your Submissions violate the Terms. FGX is not obligated to backup any Submissions and Submissions may be deleted at any time.
VTO Revisions & Accuracy
FGX or its service provider may, from time to time, revise VTO and reserve the right to do so without recourse from you or any other user. You also agree that VTO may contain inaccurate content — including potentially inaccurate pricing information associated with clerical or scriveners’ errors — and FGX reserves the right to change or alter all content, including but not limited to pricing, present on the VTO. VTO is intended to provide you with an illustrative demonstration of our eyewear only. Although we have made every effort to make the eyewear and their colors look realistic, we cannot guarantee a device’s display of the eyewear and the colors accurately reflects the true size and color of the eyewear. Accordingly, the eyewear you purchase from us may vary from the eyewear displayed on the VTO.
While every care has been taken to ensure that VTO and related product information on our website is correct, actual product, packaging and materials may contain more or different information than shown via VTO or on our website. All product measurements for our eyewear shown on VTO are approximate only. You should always read the labels, warnings and instructions provided on or with any products you purchase from us before using them and not rely solely on the information shown via the VTO and on our website. This does not affect your legal rights.
OTHER THAN ANY EXPRESS WARRANTIES PROVIDED TO YOU IN WRITING ASSOCIATED WITH YOUR PURCHASE OF GOODS FROM FGX, VTO AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH VTO ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO VTO AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE VTO, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT VTO (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH VTO, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE VTO AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH VTO. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU SOLELY BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE VTO, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH VTO, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF VTO, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE VTO OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH VTO IS TO STOP USING VTO. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE VTO.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. FOR THE AVOIDANCE OF DOUBT, WHERE APPLICABLE LAWS (INCLUDING APPLICABLE LAWS IN RESPECT OF CUSTOMERS IN THE UK AND/OR THE EU) PROHIBIT THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
FOR AUSTRALIAN CUSTOMERS: IF APPLICABLE LAW STATES THAT THERE IS A GUARANTEE IN RELATION TO ANY GOOD OR SERVICE SUPPLIED BY FGX IN CONNECTION WITH VTO OR THESE TERMS, AND FGX’S LIABILITY FOR FAILING TO COMPLY WITH THAT GUARANTEE CANNOT BE EXCLUDED BUT MAY BE LIMITED, THE LIMITATIONS IN THESE TERMS DO NOT APPLY TO THAT LIABILITY. INSTEAD, FGX’S LIABILITY FOR THAT FAILURE IS LIMITED TO (AT ITS ELECTION) SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold FGX harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of your use of, or activities in connection with, VTO or your violation of the Terms.
Notwithstanding any other provision within these Terms and for the avoidance of doubt, with respect to customers based in the UK, EU or Australia, the indemnity provided hereunder by you to FGX shall be limited to all reasonable claims, losses, costs, and expenses (including reasonable attorneys’ fees) arising from your violation of the Terms only.
FGX reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or any other indemnitee hereunder and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FGX. FGX will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. If you are a California resident or resident of a state with a similar applicable law, you hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
FGX may reject your use of VTO at any time and for any reason in FGX’s sole discretion.
Agreement to Arbitrate All Claims on Individualized Basis:
You and FGX agree that any and all disputes or claims that have arisen or may arise between you and FGX that relate in any way to your use or access of VTO, the actions of FGX or its agents, your participation in the Rewards Program (“Program”), or any products or services sold, offered, or purchased shall be resolved through confidential, final and binding arbitration rather than in court, with the exception of any dispute relating to the enforcement or validity of intellectual property rights. The United States Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Agreement to Arbitrate.
If a dispute arises between you and FGX, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact us regarding disputes between you and FGX related to VTO, including, without limitation, FGX’s products and services.
UNLESS YOU AND FGX AGREE OTHERWISE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF. If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the arbitration and may be brought in court, subject to your and FGX’s right to appeal the court’s decision. All other claims shall be arbitrated.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.
The arbitration shall be held in Providence County, Rhode Island or at another mutually agreed location.
The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and FGX, except as otherwise stated in these Terms.
Claims and Disputes Must Be Filed Within One Year.
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the VTO must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors and assigns.
If any part of these Terms 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 these Terms shall continue in effect.
Entire Agreement & Assignment
Content & DMCA Policy
All of the content on VTO including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and audio materials are copyrights, trademarks, and other intellectual property owned, controlled or licensed by FGX. You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on VTO without express written authorization to do so. You agree not to alter, delete, obscure, or change any proprietary rights affiliated with VTO. FGX shall retain all rights in and to its copyrights, trademarks, trade names, brand names, and trade dress depicted on this site.
This Digital Millennium Copyright Act (“DMCA”) Policy (hereinafter, the “Policy”) applies to all users of VTO. FGX respects the intellectual property rights of others, and we require that others, including our advertising partners, do the same.
FGX complies with the notice-and-takedown procedures set out in the United States DMCA, which applies to content reported and removed for violating U.S. copyrights. If your content is removed under the DMCA takedown process as a result of a takedown notice, you will have an opportunity to file a counter-notification. When FGX receives an effective DMCA counter-notification, FGX forwards it to the party that reported the content. The information they receive includes your contact information.
DMCA Takedown Notices
Content owners of copyrighted material and their representing agents may submit a DMCA notice to FGX’s registered Copyright Agent if they believe that infringing activity has taken place on VTO. The abuse team will only consider valid reports of infringement.
You may submit a complete DMCA notice that features all the points described below only if the representing party sending the request is the content owner or the authorized agent acting on the behalf of the copyright owner. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for FGX to determine the legitimacy of the signature and the identity of the signatory;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, including citation to the application copyright registrations where available;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FGX to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact;
(iv) Information reasonably sufficient to permit FGX to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any such notifications of claimed infringement must be sent to:
FGX Copyright Agent
Attn: General Counsel
Address: 500 George Washington Highway,
Smithfield, Rhode Island 02917 USA
Please note that if any notification of claimed infringement does not meet the above requirements, FGX has no responsibility to respond to or act on any such defective notification of claimed infringement. It is also the policy of FGX, in appropriate circumstances and in our sole discretion, to suspend or terminate accounts or access to individuals who are repeat copyright infringers.
DMCA Counter Notification
If you receive a notification of claimed infringement, you may submit a counter notification to us pursuant to the DMCA. It must include the following, which includes a certification made under penalty of perjury:
(i) Your physical or electronic signature, as well as information sufficient for FGX to determine the legitimacy of the signature and the identity of the signatory;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that you consent to the exclusive jurisdiction of any state or federal court located in Providence County, Rhode Island, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person.
Any such counter notification must be sent to:
FGX Copyright Agent
Attn: General Counsel
Address: 500 George Washington Highway,
Smithfield, Rhode Island 02917 USA
Effective as of November 24, 2021