Terms of Use

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Terms Of Use

Effective Date: October 1, 2017

Thank you for visiting www.payneglasses.com (the “Site”). Payne Glasses LLC does business through the Site, but we’ll just go by “we”, or “us” to keep it simple. We know these types of documents can get pretty dense, but we want you to read this, so we’ll do our best to keep it easy to read. We will also just refer to both the Site and the services available through the Site as the “Services” to try to keep things short—shorter at least.

Before using any of the Services, please read these Terms of Use and any other policies and notices on the Site (the “Terms”) and our Privacy Policy at www.payneglasses.com/privacy-policy. Together, these materials contain terms, rules, and other guidelines related to your use of the Services. When you use the Services, you are agreeing to these terms, so please do not use the Services if you do not agree. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, the additional terms will also apply. Because these terms are legally binding, we want to make sure you understand them (like really understand them), so if you have any questions, please contact us at legal@payneglasses.com.

Updates to These Terms of Use

We regularly review these Terms to make sure they accurately reflect updates in current law and our business operations. We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

Eligibility

We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. However, even non-adults need prescription glasses, so if you are under 18 years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.

Also, you can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you.

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

We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).

Privacy

Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.

Account Registration

You can use most of the Services without creating a user account (“Account”). Other features such as place an order, track order, save frames or prescriptions for one or more profiles, will require you to create an Account (or login from third-party’s services) and one or more profiles under your account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account & profiles at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

Once your account is created, please do not share your account information with others. You are solely responsible for keeping your account and account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your account.

You can always delete your Account by emailing us at help@payneglasses.com.

Getting Your Payne Glasses

1. Select Your Frames:

Payne Glasses sells eyeglasses and sunglasses with prescription lenses. You can purchase multiple eyeglasses utilizing different prescriptions: for example, one for your distance prescription and another one for your reading prescription, or one for yourself and one for your spouse; you will have to go through the order/customization process for each pair of glasses, but you can check out all glasses together. Utilizing our profile which identify individual’s prescription, pupillary distance, frame preferences, etc. can optimize your frame selection experience.

2. Order Your Glasses

Ordering a pair of prescription glasses is as simple as 1, 2, 3. 1 – provide or confirm your prescription, 2 – select a lens type and 3 – select a lens option. We will discuss them in details below.

2-1. Provide Your Prescription including PD: If you are purchasing prescription eyewear, you will have to fill your prescription online or reuse one saved under one of your profiles. Please note that your prescription must be valid on the date you place your order. If your prescription or order information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your glasses.

We will also need your Pupillary Distance or “PD” (the distance between your pupils) to fill your order. If your PD is not on your prescription, you can measure it with help from a friend or family member, please refer to related knowledge article in our knowledge center; some local optical shops can also measure your PD for a fee. We also provide self-measurement tools online, but there is always a risk that your measurement is not as accurate as one performed by a trained eye care professional. By using our tools, you acknowledge that risk and agree that we will not be responsible for any inaccuracies in your PD.

If your prescription is Progressive prescription, you can choose to order progressive, reading or distance glasses.

Your age group is default to 18-39, please change it if you are younger or older. Accurate age group will help us recommending better lens options.

You can also order your glasses without a prescription, just click on Non-Rx on the prescription page.

2-2. Select Lens Type: For eyeglasses, you can choose one of the following lens types:

  • Clear lenses, featuring both single vision prescription lenses and progressive prescription lenses, as well as non-prescription optical lenses; you can also choose Blue Stoppers – our blue light blocking lenses;
  • Light responsive prescription lenses (photochromic lenses), featuring both single vision and progressive prescription lenses, as well as non-prescription optical lenses; Photochromic lenses turn dark under the sunlight and change back to clear in-door; we are also the pioneer in offering photochromic blue light blocking prescription and non-prescription lenses – our Photochromic Blue Stoppers;
  • Prescription and non-prescription sunglasses, featuring solid color tinted lenses, gradient tinted lenses and polarized lenses.

For sunglasses, you can select one of the following lens types:

  • Standard solid color tinted optical lenses, featuring single vision and progressive prescription, as well as non-prescription solid color tinted optical lenses;
  • Gradient color tinted optical lenses, featuring single vision and progressive prescription, as well as non-prescription gradient color tinted optical lenses;
  • Polarized lenses, featuring single vision and progressive prescription as well as non-prescription polarized lenses.

2-3. Select Your Lens Options: Based on the frame you selected, your prescription and selected lens type, our software will calculate many options and recommend top 3 to you; other than these 3, you can also customize to any other lenses we offer by clicking Customize. Please note only 1.50 and 1.56 index clear standard anti-reflective lenses are included in the listed price, when the matching sized frame is selected, these should work for most customers with a sphere less than +4.00 or greater than -4.00; if you have a stronger prescription or selected a larger frame or the frame’s optical center distance is too far different from your PD, you have the option to purchase high index lenses for an additional fee. These lenses are even thinner and lighter than our standard lenses and are great for users with strong prescriptions. Some lenses may not, however, be appropriate for our younger or more active customers because they are less impact-resistant than the lenses we recommend.

3. Checkout:

After you have customized your glasses and added it to cart, you can start your checkout if you don’t have more pairs to purchase. Checkout process is also mostly 3 simple steps:

3-1. Login or Register: You will need to login or register an account before you can checkout your glasses. We only ask for very few basic information to register, or you can simply login from third party services you already have an account with, such as Facebook or Twitter.

3-2. Shipping Information: We’ll need your name, address, and telephone number to send you your new glasses. As of now, we are only shipping orders to the 50 United States; we will be adding more countries or regions later.

The delivery date will be vary depending on the shipping option you choose and where you want your glasses to be delivered.

3-3. Payment: Next, you will see a form for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.

4. Checking Order Status:

Once your new glasses is shipped, we’ll send you an email confirmation with tracking information. You can also check your order status on our website.

5. Changing or Cancelling an Order:

Our team works hard to process orders quickly so that you don’t have to wait. However, this also means that although we will try our best to accommodate order modifications, we cannot guarantee them. If you would like to change or cancel an order, call us or email us at Help@PayneGlasses.com with the subject line “Change/Cancel Order.” If we are unable to make the requested change or cancellation, usually because we have already shipped the order, we will provide you with a prepaid return shipping label so that you can still return the glasses after you receive them.

6. Risk of Loss:

The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as USPS).

7. Returns and Exchanges; Lens Replacement:

You have 30 days to return or exchange your Payne Glasses from the day you receive them. Please contact us to generate your return authorization.

8. Language:

Presently, our order process only supports the English language.

Intellectual Property

If you use the Services, you could get great new glasses; but you do not get any of our intellectual property.

Imitation may be the sincerest form of flattery, but that doesn’t mean you can take any of our intellectual property. All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Payne Glasses or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site and Services (collectively the “Marks”) are proprietary to Payne Glasses, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you would like to request authorization to use the materials or content on the Services, please contact us at legal@payneglasses.com.

Limited Licensure

After all of the restrictions above, we don’t want it to sound like you can’t even use the Services, so we’ll give you permission right here: we give you a limited, non-exclusive, non-sub-licensable and non-transferable license to use (i.e., display locally) the Services solely for personal, non-commercial, use. This license will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. We don’t think you would need to do much else, so this license only gives you the rights we expressly stated in this section.

Just so we’re clear, however, this license does not allow you to do any of the following:

  • make any commercial use of the Services or any of the Service content;
  • modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser;
  • copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including without limitation any Marks, in any form or by any means, including—but not limited to—electronic, mechanical, photocopying, recording or otherwise;
  • use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services;
  • harvest or scrape any content from the Services.

Site Access

Please don’t do anything that would harm the Services we offer. You may not do any of the following while accessing or using the Services:

  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third-party providers’ infrastructure;
  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  • bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
  • run any form of auto-responder or “spam” on the Services;
  • otherwise take any action in violation of this Terms of Use or our Privacy Policy.

License You Grant to Payne Glasses

We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback.

These areas may be in the form of social media posts, chat rooms, comment areas, reviews, emails, postings sections or similar communications facilities.

Most importantly, we want you to know that you will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, we need to be able to do certain things with it as described below.

We do not own any of your content, although by providing content to us, you may grant us a license to use it, as we’ll discuss here.

When you submit, distribute, transmit, or post any communications or any other material to Payne Glasses (either through our website or through our pages on third party sites, such as Facebook, Twitter and Instagram, or send to us via mail or email. This is collectively “User Content”), you give us a right and license to use, copy, reproduce, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Payne Glasses to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sub-licensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including for advertising or promotional purposes.

You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.

In addition to giving Payne Glasses a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.

The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.

About User Content

When you submit User Content, you represent and warrant that

  • you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us);
  • your submission of such materials to us does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission);
  • • all content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying).

In addition, any User Content must not

  • include any profanity or obscene, indecent, or pornographic material;
  • contain any unauthorized or unsolicited advertising, such as spam (no one likes spam);
  • contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
  • impersonate any person or entity (we like you just the way you are!); or
  • include anyone’s identification documents or sensitive financial information.

Private vs. Non-private Content

We take your privacy very seriously and are committed to keeping your private information secure and private. However, we also include certain features to open channels of communication, either among our customers or between our customers and employees or partners, and those features wouldn’t work if all your communication is completely private. Therefore, we don’t treat User Content you provide to those portions of the Services as private or confidential. When in doubt, it is best to take a look at our Privacy Policy, which details the types of information we treat as confidential or private. If you post something publicly on the Services, others may be able to read it. You should always use caution when providing any personal information about yourself or anyone else, including your children.

Third-Party Content and User Content

You may see different content on our site. Some of this content will come from other users or sources outside of Payne Glasses. All content, including User Content and third-party content, is the responsibility of the party that creates it. Payne Glasses does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties.

If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.

We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.

We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Payne Glasses will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Payne Glasses or another party provides it.

WARRANTY DISCLAIMER

1. You understand and agree that we have no control over, and no obligation to take any action regarding: which users access the Services, what content are accessed via the Services, how you may interpret or use the content, or what actions you may take as a result of your exposure to the content.

2. You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

3. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYNE GLASSES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY PAYNE GLASSES OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, PAYNE GLASSES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAYNE GLASSES OR ANYONE REPRESENTING PAYNE GLASSES BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR PAYNE GLASSES’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $200.00.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAYNE GLASSES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

We reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

Governing Law

No matter where you’re located, the laws of the State of California will govern these Terms and the relationship between you and Payne Glasses as if you signed these Terms in California, without regard to California state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Alameda County, California for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

Severability

If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Entire Agreement

These Terms constitute the entire agreement between you and Payne Glasses and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

Miscellaneous

We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.