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Service Agreement
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 LenStock.com(tm), WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE 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 OF ITS AMENDMENTS. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU ARE FORBIDDEN TO USE THE SERVICES!

LenStock.com(tm)
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.

This Agreement includes the terms and conditions of Company's Privacy Policy and Returns Policy, copies which are located at http://www.LenStock.com/privacy.aspx, and http://www.LenStock.com/returns.aspx and which are hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy or Returns Policy, the terms and conditions of the Privacy Policy and Returns Policy shall take precedence.

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 this, your transmissions to company are not deemed confidential. You also acknowledge that your Communications could be lawful or unlawfully read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you 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 Services.

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 United States.

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.

8. INDEMNITY

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.

10. TERMINATION

(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.

11. LINKS

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" BASIS.

(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 THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, COMPANY DOES NOT ENDORSE, OPERATE, 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 SUCH 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 PUBLISHER. ANY 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 PRODUCTS 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 OR SERVICES PURCHASED OR OBTAINED, INCLUDING ALL APPLICABLE TAXES, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING 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 SUCH 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, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT 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 MAY NOT APPLY TO SOME USERS.

15. AMENDMENT

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.

16. GENERAL

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 of this Agreement or the Privacy Policy. This Agreement and the relationship 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.

17. TAXES

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) activities.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
 
 
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