Terms & Conditions of Use

Any questions related to any of these Terms and Conditions of Use should be directed to info@huxleyoptical.com.

Huxley Optical, LLC (“Huxley,” “we,” or “us”) operates the web site at www.huxleyoptical.com (the "Site"). Huxley designed and operates the Site for a positive user experience and for protection of our rights and the rights of our users.  By using the Site, you agree to the Terms and Conditions of Use described herein as well as all other terms that apply to any portion of the Site, without qualification.

 

PRIVACY POLICY

(To be inserted in consideration of the process of collecting data by vendor.)  Vendor may have a draft privacy policy in compliance with California’s Online Privacy Protection Act.

 

COPYRIGHT AND TRADEMARKS

All images, products, video, articles, text, HTML, software, data, and other content (collectively, the “Content”), as well as the compilation and layout of the Content, is owned by Huxley and its suppliers and affiliated companies and is protected by copyright laws of the United States and international copyright laws.    Any use of the Content, except as allowed by these Terms and Conditions, without the express written consent of Huxley is strictly prohibited.

All logotypes, trademarks, service marks, and trade names (collectively, the “Marks”) on this Site are the intellectual property of Huxley, its affiliated companies, suppliers, and third parties.  Any display, reproduction, or other use the Marks without the express written consent of Huxley is strictly prohibited. 

In accordance with the Digital Millenium Copyright Act, Huxley expects all users to respect the intellectual property rights of others. Huxley reserves the right to remove material that appears, in Huxley’s sole discretion, to infringe upon the intellectual property rights of others and Huxley will terminate the access rights of any party infringing upon the rights of another more than once. Contact us at the above email address if you believe that any work you own has been posted on this Site.

 

USE OF CONTENT

You may use the Content while visiting the Site online and solely for your personal use only.  You are prohibited from making commercial use of this Site or its Contents.  You are prohibited from copying, distributing, publishing, downloading, displaying, or transmitting by any means whatsoever any of the Contents of this Site.  You are prohibited from using data mining, bots, and any automated data gathering method on the Contents of the Site or any user of the Site. 

This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only under the direct supervision of a parent or legal guardian. If you are a parent or legal guardian, you must monitor the use of this Site by any child under your care.  As a parent or legal guardian, you are responsible for the use of this website by children under your care. 

No Content from this Site may be downloaded or exported into or provided to a national or resident of any country to which the United States prohibits such exports or downloads.  By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country subject to such limitations.

Huxley reserves the right, without notice, and in our sole discretion, to terminate your use of this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms and Conditions of Use will still apply.

 

YOUR ACCOUNT, LOGIN, FORMS, REGISTRATION AND PRIVACY

Any login, password, or other identifier used in connection with this Site is considered confidential information and you should not disclose such confidential information to any other person or entity or permit any person or entity to access the Site using such confidential information.  You are responsible for maintaining the confidentiality of your accounts, registration, login, password and any accompanying information personal to you including updating and ensuring the accuracy of all of your account information.  You must immediately inform Huxley of any unauthorized use of your login, password, or other identifiers.  Huxley may suspend or terminate your use of the Site at any time without notice to you.  Any information you display on this Site is your responsibility and Huxley disclaims all liability related to any information that you post or display on this Site including any delays or errors based upon outdated or inaccurate information provided by you. 

 

USER CREATED CONTENT

Huxley may provide bulletin boards, chat rooms, comment areas, or similar communication forums. Any notes, messages, or other material which you submit to Huxley must not include any profane, obscene, indecent, pornographic, defamatory, harassing, slanderous, libelous, threatening, abusive, or offensive content that may violate the rights of Huxley or other parties.  Any submissions to Huxley will become, immediately and irrevocably, upon your submission, the sole and exclusive property of Huxley and Huxley shall be entitled to the commercial use or other use of such submissions in perpetuity without any financial consideration to you.  Your submissions will be treated as non-confidential and non-proprietary except as otherwise stated by Huxley’s Privacy Policy.  If you submit to us any original material, you are advised that, in doing so, you have agreed to assign all rights related to any such original material to Huxley.  Huxley is under no obligation to review material you post on the Site, but Huxley reserves the right to add, remove, modify, or delete any material submitted to the Site by you and Huxley further reserves the right to disclose, except as otherwise stated by Huxley’s privacy policy, any content submitted to the Site by any user as Huxley may deem appropriate, including for the purpose of compliance with any applicable law, regulation, dispute resolution process, contractual right or dispute, or governmental demand.

By submitting such material, you further represent and warrant that that you hold all necessary right, title and license to such materials and that your submission of such materials to Huxley does not and will not violate or infringe the rights of any other parties and, further, that you indemnify Huxley, its owners, officers, directors, employees, agents, vendors, suppliers, and affiliates from any and all claims, liabilities and demands, including court costs and attorney fees resulting from your breach of any of these terms and conditions including, but not limited to, such claims, damages, and liabilities relating to your submissions to or through the Site or infringement upon the rights of any third party.

 

PRODUCTS ON THIS SITE

Risk of Loss.  Any products purchased through this Site are to be delivered based upon a shipment contract.  The risk of loss of any items purchased through this Site passes to you upon Huxley’s delivery of such items to the carrier.

Valid Prescription.  By purchasing prescription eyeglasses and contact lenses through this Site, you are representing to Huxley that you have a valid prescription for any and all eyeglasses and contact lenses that you order.  By making purchases from this Site, you are further consenting to Huxley communicating with your eye care provider to verify prescription and other information.  You have an ongoing obligation to provide Huxley with accurate prescription information as such information may change over time.

Product Descriptions.  Huxley has made every attempt to accurately describe, display and portray all products that you may see on the Site.  The colors that you see will depend upon many factors beyond our control, such as your viewing screen.  Huxley makes no warranty as to the accuracy, reliability, or currency of product descriptions.  Your sole remedy for any claim of inaccuracy in product descriptions is to return the product unused.

 

DISCLAIMER AND LIMITATION OF LIABILITY

DISCLAIMER.  ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, PRODUCT DESCRIPTIONS, AND LINKS, ARE PROVIDED ON AN "AS IS" AND PRODUCTS ARE ON AN “AS AVAILABLE” BASIS WITH NO WARRANTY. TO THE EXTENT PERMITTED BY LAW, HUXLEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY HUXLEY OR BY ANY SUPPLIER OR THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR THE COURSE OF PERFORMANCE. HUXLEY SPECIFICALLY DISCLAIMS THAT THE CONTENT ACCESSIBLE THROUGH THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ON THE SITE.

HUXLEY SPECIFICALLY DISCLAIMS THAT ANY PRODUCTS FOR PURCHASE OR CONTENT ARE SUITABLE FOR USE IN COUNTRIES OUTSIDE OF THE UNITED STATES AND ALL USERS ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

LIMITATION OF LIABILITY.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HUXLEY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SHAREHOLDERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR AN ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HUXLEY, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AND EACH OF THEIR RESPECTIVE AFFILIATED PARTNERS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM: (1) YOUR USE OF THE SITE; (2) HUXLEY’S USE OF CONTENT SUBMITTED OR TRANSMITTED BY YOU THROUGH THE SITE; (3) INFORMATION OR MATERIAL POSTED THROUGH YOUR ACCOUNT, PASSWORD AND LOGIN ON THE SITE; OR (3) ANY VIOLATION BY YOU OF THIS SITE, ITS PRIVACY POLICY, AND ANY APPLICABLE LAWS OR REGULATIONS.

 

REVISION OF TERMS AND CONDITIONS OF USE

We reserve the right to update and revise these Terms and Conditions of Use at any time.  Your use of our website constitutes your acceptance of the terms of these Terms and Conditions of Use as amended or revised by from time to time, and you should therefore review these Terms and Conditions of Use regularly to ensure that you are aware of the terms.

 

SEVERABILITY

If any of these Terms and Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, each such term shall be deemed severable and shall not affect the validity and enforceability of any and all remaining terms or conditions.

 

ENTIRE AGREEMENT

These Terms and Conditions of Use constitute the entire agreement between the user and Huxley with respect to this Site and supersede all other communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

GOVERNING LAW

These Terms and Conditions of Use and the relationship between you and Huxley shall be governed by and construed under the laws of the State of Minnesota as if you signed these Terms and Conditions of Use in Minnesota. The provisions of these Terms and Conditions of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. By using this Site, you agree to submit to the federal or state courts in Saint Paul, Minnesota for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms and Conditions of Use.

 

COPYRIGHT NOTICE

Copyright © 2014 Huxley Optical, LLC All rights reserved. Any rights not expressly granted herein are hereby reserved.