GENERAL TERMS AND CONDITIONS OF USE

GENERAL TERMS AND CONDITIONS OF USE

Last Updated: August 2021

 

Thank you for visiting KRNglasses.com. Please read these Terms and Conditions of Use (“Terms”) carefully. They contain the legal terms and conditions that govern the use of and access to our website www.KRNglasses.com as well as our provision of products and services provided or made available by KRNglasses.com. Certain offline or online services, promotions, events, and features may have additional terms and conditions specific to them as communicated at the point of purchase, in advertising, or in person, and those additional terms and conditions are incorporated herein by reference.

 

Acceptance of This Agreement, Modification & Severability

By visiting any of our Sites that link to these Terms, you are acknowledging that you have read these Terms and our Privacy Policy , which is incorporated by reference herein, and you expressly acknowledge and agree that you are entering into a legal agreement with KRNglasses.com (or any of its affiliates) and have understood and agree to comply with, and be legally bound by, these Terms. Please review our Privacy Policy which also governs your use of our Sites, to understand our practices. Any products ordered or services used through any of our Sites are also governed by these Terms. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms and Conditions, please do not access our Sites or make any purchases through our Sites.

 

You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms and Conditions, please do not access our Sites or make any purchases through our Sites.

 

We may make changes to these Terms from time to time. If KRNglasses.com makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice through our Sites, or updating the date at the top of these Terms. Unless KRNglasses.com says otherwise in its notice, the amended Terms will be effective immediately and your continued access to and use of the Sites after KRNglasses.com provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Sites. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that Term shell be deemed severable and shall not affect the validity and enforceability of any remaining Term.

 

YOUR CONTINUED USE OF ANY OF THE SITES AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY, AND YOU AGREE THAT THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.

 

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “ARBITRATION AGREEMENT” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND KRNGLASSES.COM. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND OPTIMAX THAT IN ANY WAY RELATE TO THESE TERMS OF USE OR YOUR USE OF OUR SITES WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.

 

No professional advice

Any information supplied through our Sites, by any form of e-mail communication or by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Health-related information provided through our Sites is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician, optometrist, ophthalmologist or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

 

The information presented on or through our Sites or by any form of e-mail communication is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Sites, or by anyone who may be informed of any of its contents.

 

General information

These Terms and Privacy Policy govern the use of the Sites. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

 

DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER PROVISION ARBITRATION AGREEMENT

 

Please read this section carefully. It affects your rights. It requires you to arbitrate disputes with KRNglasses.com and limits the manner in which you can seek relief. It further provides that you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. This section of the Terms shall be referred to as the “Arbitration Agreement.”

 

We will try work in good faith to resolve any issue you have with our Sites including products and services ordered or purchased through our Sites, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

 

You and KRNglasses.com agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of our Site, including products and services ordered or purchased through our Site and/or any third parties embedded therein shall be determined by binding arbitration on an individual basis rather than court, except that you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

 

Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and KRNglasses.com are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and KRNglasses.com.

 

BY AGREEING TO ARBITRATION WITH KRNGLASSES.COM (INCLUDING, WITHOUT LIMITATIONS, THE SITES), YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING CLAIMS AGAINST KRNGLASSES.COM (INCLUDING, WITHOUT LIMITATION, THE SITES) ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING.

 

If you desire to assert a claim against KRNglasses.com, and you therefore elect to seek arbitration, you must first send to Company, by e-mail, a notice of your claim ("Notice"). The Notice to Company should be addressed to contact@KRNglasses.com ("Notice Address") and should state in the “subject line” of the e-mail “LEGAL NOTICE” in all capital letters. If KRNglasses.com desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by KRNglasses.com, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If KRNglasses.com and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or KRNglasses.com may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by KRNglasses.com or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless KRNglasses.com and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of KRNglasses.com’ s last written settlement offer made before an arbitrator was selected (or if KRNglasses.com did not make a settlement offer before an arbitrator was selected), then KRNglasses.com will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

 

YOU AND KRNGLASSES.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and KRNglasses.com agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

 

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for the state of Delaware.

 

1. ABOUT US

KRNglasses.com in an independent online retailer that focuses on selling quality eyewear from Indie Brands, independently owned companies that are progressive, creative and not afraid to rewrite the rules of traditional business.

 

2. ELIGIBILITY

Our Sites are not structured or intended to attract children under the age of 13 years. If you are under 13 years please do not visit or use the Sites. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using our Sites to make sure that you and your parent or guardian understand these Terms and agree to them.

 

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria.

 

3. No Medical Advice or Services

KRNglasses.com is not a medical or vision group or a health care provider. KRNglasses.com may provide its users with the ability to obtain a virtual consultation provided by independent health care practitioners. Any consultations provided to you will be provided by licensed optometrist, ophthalmologist, and/or other health care professional appropriately licensed and qualified to provide you health care services. If you experience any pain, symptoms, blurred vision, “seeing floaters” or other maladies of the eye, consult your physician immediately or call 911. The content of the Sites, including without limitation any content accessed, sent or made available for use or download through this Site (inclusive of any information transmitted by third parties and/or healthcare providers and eyeglass or contact lens prescriptions) does not constitute professional medical advice, diagnosis, or treatment by KRNglasses.com of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. We do not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Sites.

 

4. CUSTOMER ACCOUNT

During your use of our Sites and in order to use our Sites' services, you may choose to or may be required to create an account (the “Account”), and by doing so you agree to provide accurate and complete information as required by the relevant Site page (the “Account Information”), and to keep the Account Information current, accurate and complete. If you choose to register to our website, we may offer different options to create an Account, including:

 

(a) Online Registration Form: You may choose to complete and submit an online registration form. You will be asked to provide us with certain mandatory information such as your name and email address, and also a password that you will use to access your Account.

 

(b) Third Party Accounts: We may also provide you the ability to register or otherwise link to, or integrate with the Sites, certain social media, such as Facebook, Google, and others, as part of the Sites. Please note that in any instance with which you provide us with your login credential for such platforms, we will have access to all information related to such account(s) – as permitted by the policies of such platforms and your then current privacy settings, if applicable. By opting to provide us with your login credentials, you hereby assent to any such access and use that we may have, in accordance with our Privacy Policy. If you have any questions or concerns about such access, then we suggest you review the applicable social media platform’s policies and your privacy settings prior to providing us with any such information.

 

You agree not to create an Account for anyone else or use the Account of another without their permission. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to us at contact@KRNglasses.com. If you provide information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicions that such information is inaccurate, incomplete or untrue, we reserve the right to suspend or terminate your Account and refuse your use of the Sites, including, but not limited to, sales resulting from the Sites.

 

5. PRIVACY

We will use the Account Information and any additional information we may collect or obtain in connection with your use of our Sites in accordance with our privacy policy which is available at www.KRNglasses.com/privacy-policy (the “Privacy Policy”). You agree that we may use information that you provide or make available to us in accordance with our Privacy Policy.

 

6. THIRD PARTY SOURCES AND CONTENT

Our Site enables you to view, access, link to, and use content from third parties (the “Third Party Sources”) (such content referred herein as “Third Party Content”) that are not owned or controlled by us. Third Party Source may be a third party website or service provider.

 

We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.

 

We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that is communicated to you from a Third Party Source.

 

By using our Site you may be exposed to Third Party Content that you may consider as inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.

 

You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us, and release us from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.

 

7.USER SUBMISSIONS

Our Sites permits the hosting, sharing, posting, and publishing of content provided by you and other users (collectively, "User Submissions"). Your User Submissions may be posted to our Sites, used to send commercial marketing materials to you, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.

 

You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights (as defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by these Terms. Intellectual Property Rights means any and all rights, titles and interests, whether foreign or domestic, in, under, and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and/or similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.

 

We do not regularly review posted User Submissions, but do reserve the right (but not the obligation) to monitor and edit or remove any User Submissions submitted to the Sites. Subject to these Terms and to our Privacy Policy, by submitting User Submissions, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions only in connection with our Sites, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user and Third Party Source a non-exclusive right to use, copy, reproduce, distribute, disclose, prepare derivative works of, display and perform such User Submissions in accordance with these Terms.

 

You understand and acknowledge that when accessing and using our Sites: (1) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, correctness, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (2) you may be exposed to User Submissions that are inaccurate, or that you may consider as offensive, indecent, or objectionable. You hereby waive, any legal or equitable rights or remedies you may have against us with respect to the foregoing subsection (1) and (2) above.

 

We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the Sites as we reasonably believe is necessary to: (1) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (2) enforce these Terms, including investigation of potential violations of it, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to your user support requests, or (5) protect the rights, property or safety of us, our users or the public.

 

You agree that you will not send, display, post, submit, publish or transmit a User Submission that: (1) is unfair or deceptive under the consumer protection laws of any jurisdiction; (2) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (3) creates a risk to a person’s safety, health, or property, creates a risk to public safety, health, or property, compromises national security, or interferes with an investigation by law enforcement; (4) impersonates another person; (5) promotes or involves illegal activities, terrorism, drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (6) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (7) constitutes an unauthorized commercial communication; (8) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (9) breaches these Terms.

 

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Sites. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

 

We respects the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below.

 

Notices of Alleged Infringement for Content Made Available on the Sites

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice ("Notice") complying with the following requirements.

 

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:

• "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
• "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent at contact@KRNglasses.com.

 

8. CUSTOMER PURCHASES

Product purchases may be executed via PayPal (or other third party payment service provider that we make available for you to use via our Sites). If you choose to proceed with a purchase via PayPal or other third party payment service provider then you: (1) agree to review and be bound by PayPal's or such other third party payment service providers’ terms of use and privacy policy; and (2) you acknowledge that you may need to hold, or register, an active PayPal account in order to complete a product purchase. We are not responsible or liable for any activities or conduct of PayPal (or such other third party payment service provider), and you agree to hold us harmless, and expressly release us, from any and all liability arising from or in connection with any products that are offered for sale and purchased via the Site.

 

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

 

If you choose to utilize your insurance plan to purchase or cover a portion of the purchase of your order, KRNglasses.com does not guarantee that your insurance coverage will be honored by your insurance plan for purchases made on the Sites. Any questions related to your insurance should be directed to the company offering your insurance plan.

 

9. CUSTOMER CONDUCT; OWNERSHIP

The (1) content on our Sites, including without limitation, the text, documents, articles, brochures, descriptions, products, software, technology, graphics, photos, sounds, videos, interactive features, and services and any output thereof (or collectively, the Materials), (2) and User Submissions (or together with the Materials, the “Content”), and (3) the trademarks, service marks and logos contained therein (or the Marks), are our property and/or our licensors’ property and may be protected by applicable copyright or other intellectual property laws and treaties. All other brands and names (including third-party product names) are the property of their respective owners. You may not use the name KRNglasses.com, KRNglasses.com, the KRNglasses.com logo or any other graphics or services terms or names that are our Marks or our affiliates' Marks on any site without our express prior written consent.

 

You acknowledge that all Content is copyrighted as a collective work under applicable law, including, without limitation, the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

 

It is forbidden under these Terms and Conditions to engage in any activity that will restrict or inhibit other users from using our Sites. You shall not: (1) copy, distribute or modify any part of our Sites or services without our express prior written authorization; (2) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content; (3) disrupt servers or networks connected to our Sites; (4) use or launch any automated system (including without limitation, "robots", "spiders", or otherwise) to access our Sites; (5) parse any content within our Sites or copying any source code for the purpose of mimicking the look and feel of our Sites; (6) circumvent, disable or otherwise interfere with security-related features of our Sites or features that prevent or restrict use or copying of any content or that enforce limitations on use of our Sites, and/or (7) sell, license, or exploit for any commercial or non-private purpose, any use or access to the Sites and Services or any Content related thereto.

 

10. PRODUCT DESCRIPTIONS

KRNglasses.com attempts to ensure the integrity and accuracy of the Sites, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Sites and content thereon. It is possible that the Sites could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Sites by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. KRNglasses.com reserves the right to unilaterally correct any inaccuracies on the Sites without notice. Information contained on the Sites may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Sites from any non-KRNglasses.com affiliated third party.

 

In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. If a product offered by our Sites is not as described, your sole remedy is to return it unused and with the full contents in accordance with our return policy (see “Return Policy” below for additional information).

 

 

11. GOODS NOT FOR RESALE OR EXPORT

You represent and warrant that you are buying products or services from the Sites for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within your home country.

 

12. LIMITATION OF LIABILITY

YOUR USE OF THE SITES IS AT YOUR OWN RISK. YOU AGREE THAT OUR SOLE OBLIGATION TO YOU IS TO PROVIDE THE SITES “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER OUR SITES NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AFFILIATES ( COLLECTIVELY, THE “KRNGLASSES.COM PARTIES”), NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES AND APPS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR YOUR USE OF, OR THE INABILITY TO USE, THE SITES AND APPS, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, MOVING IMAGES, SOUND, AND ILLUSTRATIONS (“CONTENT”), EXCEPT IN CASES OF: (A) GROSS NEGLIGENCE, RECKLESSNESS, OR AN ACT OF KNOWING OR INTENTIONAL WILLFUL MISCONDUCT; OR (B) A VIOLATION OF A CONSUMER PROTECTION STATUTE IN CONNECTION WITH THE SITES.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE KRNGLASSES.COM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, REPUTATION, REVENUES, PROFITS, USE, OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, EVEN IF THE KRNGLASSES.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER THESE TERMS AND CONDITIONS OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, OR OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITES, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES OR LOSSES.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT THE KRNGLASSES.COM PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE KRNGLASSES.COM PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED OR ANY THIRD-PARTY COOKIES (INCLUDING, WITHOUT LIMITATIONS, PIXELS TAGS, WEB BEACONS AND OTHER TRACKING TECHNOLOGIES).

 

IN THE EVENT OF ANY PROBLEM WITH THE SITES, CONTENT, OR ANY COOKIE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH THE MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES OF KRNGLASSES.COM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH KRNGLASSES.COM PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH KRNGLASSES.COM SERVICES IS TO STOP USING THE SERVICES.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY TO THE KRNGLASSES.COM PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR YOUR USE OF SUCH PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

 

THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL APPLY ALSO TO OUR LICENSORS AND SERVICES PROVIDERS WITH RESPECT TO THEIR LICENSED ARTICLES AND PROVIDED SERVICES, WHICH ARE INCORPORATED IN OUR SITES.

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND KRNGLASSES.COM. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KRNGLASSES.COM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

 

 

13. OTHER RIGHTS

We reserve the right to monitor areas of our Sites electronically and may at our sole discretion use and/or disclose any data or communication of any kind.

 

We may terminate or suspend your account and your accessibility to all or part of our Sites, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.

 

As customer service is the most important aspect of our business, we reserve the right to deny your purchase of any product or service if it is apparent that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer to protect us to these ends.

 

14. TERMINATION OF ACCESS

You agree that KRNglasses.com may terminate your access to the Sites without prior notice and for any reason, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Sites. Further, you agree that we shall not be liable to you or any third party for any termination of your access to our Sites and/or deactivation or deletion of your account. These Terms remain in effect even after your access or account is terminated. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to KRNglasses.com, for which monetary damages would be inadequate, and you consent to KRNglasses.com obtaining any injunctive or equitable relief that KRNglasses.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies KRNglasses.com may have at law or in equity.

 

15. WARRANTY DISCLAIMERS

OUR SITES, SERVICES, AND ANY CONTENT OR DATA RELATED THERETO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATIONS OR WARRANTIES ARE MADE HEREUNDER AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY SERVICES OR CONTENT, DATA, RESULTS OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SITES OR SERVICES. WE DO NOT GUARANTEE THAT OUR SITES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. OUR SITES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON OUR SITES BY A THIRD PARTY.

 

WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

 

WE DO NOT AND WILL NOT ACCEPT LIABILITY IN CASES WHERE CUSTOMERS PROVIDE US WITH PRESCRIPTIONS NOT SUITED TO THEIR PERSONAL CONDITION OR PRESCRIPTIONS WHICH ARE NO LONGER VALID IN ANY APPLICABLE JURISDICTION. WE ALSO RESERVE THE RIGHT TO NOT ACCEPT PRESCRIPTIONS THAT HAVE BEEN ISSUED MORE THAN TWO YEARS PRIOR TO THEIR SUBMISSION TO THE SITES. WE HIGHLY DISCOURAGE CUSTOMERS FROM USING EYEGLASSES OR CONTACT LENSES THAT ARE NOT SUITED TO THEIR PRESCRIPTION AND ENCOURAGE YOU TO VISIT YOUR EYE DOCTOR AND OPTOMETRIST PERIODICALLY.

 

EXCEPT AS EXPRESSLY STATED HEREIN AND IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF OUR SITES.

 

THE SITES MAY INCLUDE A CHAT BOT FUNCTIONALITY INTENDED TO PROVIDE GENERAL FAQ DATA IN A CHAT-LIKE COMMUNICATIVE MANNER. IT IS AGREED AND ACKNOWLEDGED THAT ANY COMMUNICATION OR INFORMATION PROVIDED THROUGH SUCH FUNCTIONALITY IS PROVIDED AS GENERAL ASSISTANCE ONLY AND THAT THESE TERMS OF USE SHALL PRECEDE AND GOVERN ANY CONFLICTING INFORMATION PROVIDED THROUGH SUCH CHAT-BOT FUNCTIONALITY.

 

16. APPLICABLE LAW

We make no representation that the Content on our Sites is appropriate or available for use outside of the United States and Canada. Access to our Sites and the services may not be legal by certain persons or in certain countries. Those who choose to access our Sites from other locations do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Except as otherwise set forth in the Arbitration Agreement, any claim relating to our Sites, the services provided through our Sites or the Content (or a Claim) shall be governed by the internal laws of the State of Delaware and the laws the United States of America applicable therein, without reference to any choice of law provisions. Subject further to the Arbitration Agreement, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the state of Delaware and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

 

17. INDEMNITY

You agree to defend, indemnify, and hold the KRNglasses.com Parties harmless from any and all claims, damages, judgements, awards, losses, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to any violation of these Terms by you or your authorized users, or in connection with your use of, or inability to use, our Sites or your purchases or placement or transmission of any message or information on our Sites by you or your authorized users or your violation of any law or the rights of a third party or your User Submissions.

 

18. SUBMITTED FEEDBACK

It is our desire and pleasure to hear from our customers and welcome your comments regarding our products, including our Sites. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as Feedback), the Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on our Sites or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.

 

19. Notice to California residents

If you are a California resident, under California Code § 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website you may contact us at contact@KRNglasses.com. You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or my telephone at (800) 952-5210 or (916) 445-1254.

 

20. Revisions; General

KRNglasses.com reserves the right, in its sole discretion, to terminate your access to all or part of our Sites, with or without cause, and with or without notice. KRNglasses.com reserves the right to modify these Terms at any time, effective upon posting. Any use of our Sites after such changes will be deemed an acceptance of those changes. You agree to review the Terms each time you access our Sites so that you may be aware of any changes to these Terms. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitute the entire agreement between KRNglasses.com and you pertaining to the subject matter hereof. In its sole discretion, KRNglasses.com may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within our Sites.

 

If you have any questions regarding our General Terms and Conditions of Use, please feel free to contact us via email: contact@KRNglasses.com

 

 

PURCHASE POLICY

 

1. SHIPMENT AND DELIVERY

Orders will be delivered to the address that appears on your order within reasonable time from the completion of the production and the quality checks. Orders are usually shipped within 10 days from the date of confirmation of payment; however, there may be delays due to external factors. The time of delivery can vary depending on the destination. Please note that additional local taxes may be applied to shipments to locations outside of the United States.

 

We shall not be liable for delays in shipment due to faults of the carrier, and therefore these delays will not result in refund of shipment cost, however, we will make reasonable efforts to assist you with respect to such delays in a timely manner.

 

Please be advised: all international shipments may be subject to customs regulation. Any related charges will be your responsibility. We can’t be held liable for incurred charges.

 

When you place your order, you must choose shipping and delivery options. Standard shipping can take up to approximately 14 (fourteen) business days from the date of shipment. If you need your Product faster, you can upgrade to the Expedited or Express shipping option. Once the package is shipped from a KRNglasses.com facility, it is no longer the responsibility of KRNglasses.com but the responsibility of carrier.

 

Upgrading your shipment does not infer overnight delivery. Delivery times are based on estimation only and exclude the production and verification stages.

 

It is important that you enter your address correctly. If the shipment is addressed to a commercial entity (e.g., an office or a hotel), please make sure to indicate that your order is to be delivered to the commercial entity that is located at such address. Failure to input any part of your address will cause delays in shipments and increase the costs of the purchased Products. We will not refund or exchange products that were shipped to an inaccurate address as a result of missing details. Shipping claims should be addressed within 30 days from the date of the shipping.

 

 

2. PREMIUM GLASSES PRICE MATCH GUARANTEE OR LOWEST PRICE GUARANTEE

If you find a lower price offered in the United States by another authorized online retailer (“the Competitor”), compared to your payment amount, for an identical item (including all lenses and coating) of any Premium frame (Eyeglasses or Sunglasses) post purchase, we will match that price (“Price Match Guarantee”) or beat that Competitor's price by an amount to be solely determined by us.

 

In order to receive the Price Match Guarantee, please follow the following steps:

1. Contact our Customer Service within 3 calendar days of your purchase. The frame in question must have been purchased from us.
2. Provide our Customer Service with a link to the Competitor’s webpage offering the exact same frame at a lower price. The frame must currently be in stock on the Competitor’s website offering the lower price and the price must be the current price at the Competitor's website.

 

Note that all the following criteria must be met: (1) Applies on Premium frames only (excluding “buy one – get one free”) (2) The Competitor's glasses must be new and match exactly to the ones purchased from us (Frame, Color, Model, Style, Lenses, Lenses coating, Lenses index, Brand name and other parameters), (3) Currently in-stock at the Competitor's website with the lower price currently listed, (4) Claims must be made within 3 calendar days from purchase, (5) Competitor’s lower price must be aligned with the frame’s manufacturer price restrictions and include all shipping charges, handling fees and other charges which may apply, (6) Applies only on formal prices, listed in US dollars, offered in the United States from an authorized online retailer, excluding discounts, coupons, rebates, promotion codes or other special discounts (such as "buy one - get one free", Google Ads), and (7) Excluding membership clubs, marketplaces, and closeouts.

 

We reserve the right to reject claims of Price Match Guarantee in the event of fraud or abuse of the program. Decisions that have been taken by us are absolute and final. If there is any evidence of fraudulent activity found, we reserve the right to reject the claim.

 

We reserve the right to amend or cease the Price Match Guarantee program without prior notice.