| ||LenStock.com(tm) SOFTWARE IS USED TO PROVIDE
SERVICES TO YOU ON THIS SITE ("SERVICES") AND INCLUDES PROPRIETARY
MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS
END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM
WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR
THE SERVICE. BY USING THE LenStock.com(tm) WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE
CAREFULLY READ THE TERMS AND CONDITIONS OF USE CONTAINED HEREIN AND THAT YOU
ACCEPT THE TERMS OF THIS AGREEMENT. PROCEEDING WITH THE USE OF THE SERVICES, OR
THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES,
CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT AND ALL
ITS AMENDMENTS. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU ARE FORBIDDEN TO USE
THE SERVICES! |
END-USER SERVICES AGREEMENT
This End-User Services Agreement ("Agreement") is an agreement between
you, an individual or an individual acting on behalf of your employer, a
corporation, partnership, or other legal entity that will be using LenStock.com(tm)'s
services ("User"), and e.lens, Inc., an Oklahoma
corporation located at 4142 S 88th E Ave., Tulsa, OK 74145 ("Company"),
the owner of the site ("Owner"), and the warehouse,
("Partner") through which you have requested products. LenStock.com(tm)'s
services (the "Services") include proprietary materials, the use of
which is subject to the terms and conditions of this Agreement.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Company on behalf of Partner, are provided to User
under the terms and conditions of this Agreement, and any amendments thereto,
and any operating rules or policies that may be published from time to time by
Company and Partner, all of which are hereby incorporated by reference. This
Agreement comprises the entire agreement between User and Company and supersedes
any prior agreements pertaining to the subject matter contained herein.
2. DESCRIPTION OF SERVICES
Company, on behalf of Partner, is providing User with any or all of the
following services: (a) product ordering; (b) order history; (c) optical
information; and (d) any other services which Company may elect to provide on
behalf of Partner in the future. These Services are provided to User at the
discretion of Partner and Company has no obligation to provide the Services
directly to User. Company does not charge User for the Services (though Company
may do so at any time in the future), but may charge for enhancements which User
may elect to obtain. Company reserves the right to discontinue any User's
account if such User does not place orders on such account for a period of sixty
(60) consecutive days. Company and Partner reserve the right to modify or
discontinue, temporarily or permanently, the Services with or without notice to
User. User agrees that Company, Partner, and their third party service providers
shall not be liable to User or any third party for any modification or
discontinuance of the Services. LenStock.com(tm) IS NOT RESPONSIBLE FOR THE
COLLECTION OF ANY TAXES INCURRED AS A RESULT OF THE PURCHASE OF PRODUCTS OR
OTHERWISE RESULTING THROUGH THE USE OF THIS WEB SITE.
3. USER'S REGISTRATION OBLIGATIONS
User must be at least eighteen (18) years old to register for the Services. In
consideration of use of the Services, User agrees to: (a) provide true,
accurate, current, and complete information about User to Partner for the purpose
of setting up users account information; and (b) to maintain and update Partner to keep
information true, accurate, current, and complete. If any information provided by User
("Registration Data") is untrue, inaccurate, not current, or
incomplete, Company and Partner have the right to terminate User's account and
refuse any and all current or future use of the Services.
4. USE OF REGISTRATION DATA
User agrees that Registration Data will be shared with Partner. Company and
Partner agree not to contact User, unless referencing an order placed by User or direct
request to Company. However, Company shall not be responsible or liable if a Partner contacts
User, permits a third party to contact User, or provides or discloses User's Registration
Data to any third party.
User agrees that Company or designee of Company may disclose Registration Data about User
to lens Vendors if such information is necessary for Vendors to satisfy a Vendor's
Promotion liability to User.
User agrees that Company, Partner, or a designee of Company or Partner may
disclose additional Registration Data about User and information about
User's use of the Services, provided that such disclosures do not include User's
name, mailing address, email address, telephone or facsimile number, or account
number, unless: (a) such disclosure is required by law or legal process; or (b)
User violates any of the terms set forth in Section 6 below.
Returns Policy, copies which are located at http://www.LenStock.com/privacy.aspx, and
and which are hereby incorporated by reference. In the event that there exists any inconsistency
5. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User will be asked to choose their own user name and password. User agrees to
choose a user name and password which is unique, not obscene, unlawful, or
otherwise objectionable, in Company's sole discretion. User is responsible for
maintaining the confidentiality of the password and account, and is fully responsible for all
activities that occur under User's account. User agrees to immediately notify
Company of any unauthorized use of User's password or account or of any other
breach of security.
You acknowledge that transmissions over the internet can never be totally secure and because of
your transmissions to company are not deemed confidential. You also acknowledge that your
could be lawful or unlawfully read or intercepted by others. You acknowledge that by submitting
to Company, no confidential, fiduciary, contractually implied or other relationship is created between
and Company other than pursuant to this Agreement.
6. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international
laws and regulations during use of the Services, and agrees not to interfere
with the use and enjoyment of the Services by other users. User agrees to be
solely responsible for the contents of User's private and public communications,
whether uploaded, posted, emerald, or otherwise transmitted through the
User agrees: (a) not to use the Services for illegal purposes; (b) not to
interfere with or disrupt the Services or servers or networks connected to the
Services; (c) to comply with all requirements, procedures, policies, and
regulations of networks connected to the Services; (d) not to resell the
Services or use of or access to the Services; and (e) to comply with all
applicable laws regarding the transmission of technical data exported from the
User agrees not to upload, post, email, or otherwise transmit through the
Services: (a) any unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise
objectionable material of any kind; (b) any material that violates the rights of
another, including, but not limited to, the intellectual property rights of
another; (c) any material that violates any applicable local, state, national,
or international law or regulation; (d) unsolicited or unauthorized
advertisements, promotional materials, "junk mail," "spam,"
"chain letters," or other forms of solicitation; (e) any materials
which restrict or inhibit any other user from using and enjoying the Company Web
Site; (f) materials which constitute or encourage conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate law; (g)
contain a virus or other harmful component; (h) contain any information,
software or other material of a commercial nature; (i) contain advertising of
any kind; or (j) constitute or contain false or misleading indications of origin
or statements of fact. User agrees not to attempt to gain unauthorized access to
other computer systems or networks connected to the Services. User acknowledges
and agrees that Company may ban User from future use of the Services if User
does not comply with Company's standards of conduct, even if User attempts to
use the Services through another Partner or under a different name. Furthermore,
User acknowledges and agrees that Company may recover damages from User if User
abuses these terms.
The Company Web Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions, and
other copyright laws. All materials contained on the Company Web Site are
protected by copyright, and are owned or controlled by Company or the party
credited as the provider of the Content. You will abide by any and all
additional copyright notices, information, or restrictions contained in any
Content on the Company Web Site. You may download and make copies of the Content
and other downloadable items displayed on this Company Web Site for personal,
noncommercial use only, provided that you maintain all copyright and other
notices contained in such Content. Copying or storing of any Content for other
than personal, noncommercial use is expressly prohibited without the prior
written permission from Company or the copyright holder identified in the
individual Contents copyright notice.
User agrees to indemnify and hold Company, Partner, their third party service
providers, and their parents, subsidiaries, affiliates, officers, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of User's use of the Services, User's
connection to the Services, User's violation of this Agreement, or User's
violation of any rights of another. You shall cooperate as fully as reasonably
required in the defense of any claim. Company reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event settle any
matter without the written consent of Company.
9. STORAGE OF COMMUNICATIONS
Company, Partner, and their third party service providers assume no
responsibility for the deletion of order data, communications, or other content
maintained or transmitted through the Services. Company may establish an upper
limit on the extent of order storage it will maintain for User.
(a) User agrees that Company, Partner, or their third party service providers
may terminate User's password, account, or use of the Services if Company,
Partner, or their third party service providers believe: (i) that User has
violated or acted inconsistently with the letter or spirit of this Agreement; or
(ii) that User has violated the rights of Company, Partner, or their third party
service providers or other users or parties. User further agrees that Company,
Partner, and their third party service providers may terminate User's password,
account, or use of the Services if User fails to use the Services at least one
time during a reasonable period of time, which shall not be less than sixty (60)
days, as determined from time to time by Company and Partner.
(b) User agrees Company and Partner may immediately delete User's account and
all related information, communications, and files, and may bar any further
access to such account, communications, files, or the Services under any
provision of this Agreement. User also acknowledges and agrees that termination
of any of the Services may be effected without prior notice.
The Services may provide links to other Web sites or resources. User
acknowledges and agrees that Company, Partner, and their third party service
providers are not responsible for the availability of such external sites or
resources, and that Company, Partner, and their third party service providers do
not endorse and are not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources.
12. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including, but not limited to, text,
software, music, sound, photographs, graphics, video, or other material
contained in sponsor advertisements or information presented to User through the
Services or third party advertisers is protected by copyrights, trademarks,
service marks, patents, or other proprietary rights and laws. User acknowledges
and agrees that User is permitted to use this material and information only as
expressly authorized by Company, Partner, or advertisers, as applicable, and may
not copy, reproduce, transmit, distribute, or create derivative works of such
content or information without express authorization.
13. DISCLAIMER OF WARRANTIES
(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
(b) COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
(c) COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY
THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY, PARTNER, OR ITS
THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
WHEN USING THIS WEB SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM,
WHICH IS BEYOND THE CONTROL AND JURISDICTION OF COMPANY AND ITS AFFILIATES.
ACCORDINGLY, COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE,
INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN
CONNECTION WITH THE USE OF THIS WEB SITE.
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS
OBTAINED AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE
SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
COMPANY, PARTNER, OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM
SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. EXCEPT AS
EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, COMPANY DOES NOT ENDORSE,
CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT,
INFORMATION, OR SERVICES ON THE WEB SITE, IN ANY WAY.
COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY
ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THE COMPANY WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY
OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE
RISK. COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS
OR OMISSIONS IN ANY PORTION OF THE COMPANY WEB SITE.
(g) THIS WEB SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES AND
USERS. FOR SUCH INFORMATION, COMPANY AND PARTNER IS A DISTRIBUTOR AND NOT A
OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED
OR MADE AVAILABLE BY THIRD PARTIES ARE THOSE OF THE RESPECTIVE AUTHORS OR
DISTRIBUTORS OF SUCH CONTENT AND NOT OF COMPANY'S OR ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS. THERE ARE NO WARRANTIES MADE AS TO THE
COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF INFORMATION OR CONTENT
DISPLAYED ON THIS WEB SITE BY COMPANY. IN ADDITION, COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES REGARDING THE SATISFACTION OF GOVERNMENT
REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG
WITH REGARD TO THE INFORMATION CONTAINED ON THIS WEB SITE.
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS
SERVICES PURCHASED OR OBTAINED, INCLUDING ALL APPLICABLE TAXES, OR FROM
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER
INTANGIBLES, EVEN IF COMPANY, PARTNER, OR THEIR THIRD PARTY SERVICE PROVIDERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER
INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT.
(c) User acknowledges that Pursuant to Section 512 of the Digital Millennium
Copyright Act, Company has a policy providing for termination of account holders
who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT
SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT,
BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR
LOST PROFITS OR COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING
OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES
ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN
SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
(d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS
AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS
NOT APPLY TO SOME USERS.
Company may modify this Agreement at any time, and such modifications shall be
effective immediately upon posting or other method of notification to User,
which notice may be provided on the pages through which User accesses or uses
the Services. User's continued access or use of the Services shall be deemed its
conclusive acceptance of the modified Agreement.
Company's and Partner's third party service providers are intended beneficiaries
of this Agreement. Company shall not be liable to User for any breach by Partner
between User and Company and Partner shall be governed by the laws of the State
of Oklahoma without regard to its conflict of law provisions. User, Company, and
Partner agree to submit to the personal and exclusive jurisdiction of the courts
located within the State of Oklahoma. The failure of Company, Partner, and their
third party service providers to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision. If any
provision of this Agreement 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 rule that
the other provisions of this Agreement remain in full force and effect. User
agrees that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Services or this Agreement
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
Each Partner has the ability to set up tax tables for their state and collect
taxes. This service is provided by Company to Partner and in no way obligates
Company or any of its subsidiaries to remit any tax collected by a Partner on
your behalf. You are solely responsible for the proper calculation and
remittance of any taxes owed to any governmental entity based upon your LenStock.com(tm)
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY
OF ITS TERMS.