TERMS OF USE

Effective Date: 4/20/2017

Introduction

These terms of use ("Terms") constitute a legal contract between Liingo Eyewear (“we” or “us”) and visitors to the Liingo Eyewear website and/or users of the Liingo Eyewear services (“you” or “your”). Please read these Terms carefully. Your use of the website and/or services indicates to us that you have read and accept these Terms. If you do not agree to be bound by these Terms, please do not access or use the website or our services.

The Liingo Eyewear website and services may change from time to time that require Liingo Eyewear to update these Terms. Liingo Eyewear reserves the right to update or modify the Terms at any time. We will notify you of any updates to the Terms by posting the amended Terms here. Once the Terms have been updated, your continued use of Liingo Eyewear indicates your agreement to the Terms. If you disagree with the Terms, please discontinue your use of Liingo Eyewear. If you have a question about the Terms, you can contact hello@liingoeyewear.com.

The Terms are in addition to any other terms and conditions that may apply to specific services that you use. Where appropriate, please review those separate terms and conditions. In the event of a conflict between the Terms and the terms and conditions of specific services that you may be using, the terms and conditions of the specific Liingo Eyewear service will govern.

Table of Contents Eligibility

Liingo Eyewear is not intended for use by anyone under the age of 18 without explicit permission from and under the supervision of a parent/guardian who assumes full responsibility for use by the minor.

Liingo Eyewear is not intended for, and should not be used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.

Privacy

Liingo Eyewear has made a commitment to protecting the privacy of those who access and use the website and services. The Privacy Policy is incorporated by reference in these Terms, and by using the website or services, you are consenting to the Privacy Policy.

User and Accountholder Responsibilities

Some areas of the Liingo Eyewear website and some services are accessible only to registered users and accountholders. In order to access those areas of the website or services, you will need to register, which includes providing us with your access credentials, such as an email address and password. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers, and symbols.

You are solely responsible for (1) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials, (2) not allowing another person to use your access credentials, and (3) any damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials. Liingo Eyewear is not liable for any harm related to your disclosure of access credentials, or your decision (in violation of the Terms) to allow another person or entity to access and use the website or services using your access credentials. You must immediately notify Liingo Eyewear if you become aware of any unauthorized use of your access credentials or any other concerns that you have about the misuse or security of your account by using the contact information listed below.

Your License

Subject to the Terms, Liingo Eyewear grants you a non-exclusive, non-transferable, limited, and revocable license to access the website and services for your personal use only (“Your License”).

Intellectual Property

The website, services, and any content, materials downloaded, and intellectual property pertaining to or contained on the website or services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Liingo Eyewear or third parties; all rights, title, and interest therein shall remain the property of Liingo Eyewear and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

You are authorized solely to view and retain a copy of pages related to the website or services, as well as relevant documents, images, or other materials on the website or services, for your own personal use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the website or services, or any portion thereof, for any public or commercial use, without the express written consent of Liingo Eyewear. Additionally, you agree that you (i) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the website or services (or printed pages produced from the website or services), and (ii) will not make any other modifications to any documents obtained from the website or services other than in connection with completing information required to use the website or services for their intended purposes.

Use of Information and Materials

The information and materials contained on the website and the Terms, policies, and descriptions that appear on the website are subject to change. You accept sole responsibility for your use of the website and services. Your use of the website and services is limited to the intended functions of the website and services. Unauthorized use of the website, services, or systems, including but not limited to unauthorized entry into Liingo Eyewear’s systems or misuse of any information posted on the website, is strictly prohibited. You may not use the website or services in a manner that:

  1. (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
  2. (b) is unlawful, fraudulent, or deceptive;
  3. (c) uses technology or other means to access content or systems of Liingo Eyewear in a manner that is not authorized by Liingo Eyewear;
  4. (d) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access content or systems of Liingo Eyewear;
  5. (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  6. (f) attempts to gain unauthorized access to Liingo Eyewear’s computer network or user accounts;
  7. (g) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  8. (h) violates these Terms or any other Liingo Eyewear policies;
  9. (i) attempts to damage, disable, overburden, or impair Liingo Eyewear’s servers or networks; or
  10. (j) fails to comply with applicable third-party terms.
Prescription

You hereby represent and warrant that any prescription and/or prescription information you submit in conjunction with an order to Liingo Eyewear is valid on the date you place your order. By placing an order with Liingo Eyewear, you are certifying that the information you provide is correct, true, and accurately matches the prescription you were issued by an eye care professional authorized to write such prescription. You understand that Liingo Eyewear will be unable to fulfill an order for prescription lenses if you do not have a valid prescription. You hereby agree that we and our representatives may contact you or your eye care provider with any questions, concerns, or verification needed with respect to your prescription. It is recommended that you provide a copy of your valid prescription to Liingo Eyewear within 24 hours of placing an order. Note that contact lens and glasses prescriptions differ – please ensure that the prescription information you provide is specific to the appropriate product you are purchasing from Liingo Eyewear.

When you order prescription eyeglasses, pupillary distance, or PD, is required. If it is provided on your prescription or as part of your prescription information, we will use the PD provided. In the event your eye care provider did not include PD on your prescription, we will use an average PD or attempt to help you measure your PD. You agree that you forfeit all right for any claim against us in such case, however, you will be able to return or exchange the product according to the return policy outlined on the website.

Third-Party Links

The website may contain links to other websites not operated or controlled by Liingo Eyewear ("Third-Party Websites"). The Liingo Eyewear Terms and Privacy Policy do not apply to Third-Party Websites. Please review the terms of use and privacy policy for any Third-Party Website that you may visit through a link on our website. Such Third-Party Websites may have terms and conditions and/or privacy policies that differ from that of Liingo Eyewear, and the Third-Party Website may provide less security than our website.

By creating a link to a Third-Party Website, Liingo Eyewear neither endorses nor recommends any products or services offered or information contained at the Third-Party Website. Liingo Eyewear disclaims liability for any information, materials, products, or services posted or offered at any of the Third-Party Websites linked to the Liingo Eyewear website. Liingo Eyewear also disclaims liability for any failure of any products or services offered or advertised at such Third-Party Websites.

Termination

Liingo Eyewear reserves the right, in its sole discretion, to terminate Your License or any services provided to you and to assert legal action with respect to your use of the website or services that Liingo Eyewear reasonably believes is or might be in violation of the Terms, additional terms and conditions, or other Liingo Eyewear policies.

NO WARRANTY

THE WEBSITE AND SERVICES, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY LIINGO EYEWEAR OR BY THIRD PARTIES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LIINGO EYEWEAR DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE WEBSITE OR SERVICES AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE, SERVICES, OR CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY LIINGO EYEWEAR OR BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE TO USE THE WEBSITE AND SERVICES AT YOUR SOLE RISK AND THAT LIINGO EYEWEAR CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE WEBSITE AND SERVICES WILL BE FREE OF COMPUTER VIRUSES.

LIMITATION OF LIABILITY

IN NO EVENT WILL LIINGO EYEWEAR BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR YOUR USE THEREOF OR INABILITY TO USE BY ANY PARTY OR DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE WEBSITE OR SERVICES, EVEN IF LIINGO EYEWEAR OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES.

Indemnification

You agree to indemnify, defend, and hold harmless Liingo Eyewear, its officers, directors, employees, agents, partners, representatives, and licensors (the "Indemnified Parties" and each an "Indemnified Party") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms (including negligent or wrongful conduct) by you, (ii) your use of the website or services, or (iii) information provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

Submissions

Unless otherwise indicated, any content submitted to Liingo Eyewear via the website shall be deemed and remain the property of Liingo Eyewear. Liingo Eyewear shall be free to reproduce, use, disclose, and distribute, for any purpose, any information, idea, concept, know-how, or technique contained in the content provided to Liingo Eyewear through the website. Liingo Eyewear shall not be subject to any obligations of confidentiality regarding information submitted, except as may be expressly agreed in writing by Liingo Eyewear, or as otherwise, specifically required by law.

System Outages, Slowdowns, and Capacity Limitations

At times you may experience difficulty accessing the website or communicating with Liingo Eyewear through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Liingo Eyewear's, can experience unanticipated outages or slowdowns or have capacity limitations. Liingo Eyewear makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service on your device.

Protecting Your Devices and Account

Liingo Eyewear makes no warranty whatsoever to you, express or implied, regarding the security of the website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the website. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Liingo Eyewear is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.

Governing Law and Disputes

The Terms are governed by and construed in accordance with the laws of the State of Utah without regard to principles of conflicts of law, which would result in the application of the laws of another jurisdiction. The federal district court for the Utah has general jurisdiction and will be the exclusive venue for litigating any claims, actions, or proceedings related to the website, Terms, or any other Liingo Eyewear policies or terms and conditions. Any such cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.

Severability/No Waiver

If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Liingo Eyewear’s failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms.

Contact Us

If you have any questions about Liingo Eyewear or the Terms, please contact us at hello@liingoeyewear.com.