TERMS OF SERVICE
MARCHON.COM AND RELATED SITES
1. ACCEPTANCE OF TERMS AND CONDITIONS
The following terms and conditions (these “Terms and Conditions”) govern your access to and use of marchon.com, mymarchon.com and related websites owned and operated by Marchon Eyewear, Inc. (“MARCHON”), including dragonalliance.com, flexon.com, scandinavianeyewear.se or any other of its house brands, and nikevision.com (collectively referred to as the “Sites”), and your purchase of prescription and non-prescription optical products and related accessories on any of the Sites (if applicable).*
If you do not agree to these Terms and Conditions, you are not authorized to further access or use any of the Sites and you should leave the Site immediately.
MARCHON reserves the right to modify these Terms and Conditions at any time in its sole discretion. Any use of the Sites or its services following modification of these Terms and Conditions will be deemed acceptance of those modifications. Please review these Terms and Conditions periodically for the most recent version. Subject to applicable law, any modification of these Terms and Conditions will apply to all transactions and information then or thereafter in the control of MARCHON and its service providers and suppliers. These Terms and Conditions constitute the entire agreement between you and MARCHON with respect to the subject matter of these Terms and Conditions.
2. WEBSITE SERVICES
MARCHON operates the Sites to provide product information and to facilitate the sale of prescription and non-prescription optical products (where applicable), including without limitation, related accessories.*
To purchase optical products through any of the Sites (where applicable): (a) you must be at least eighteen (18) years old or, (b) if you are between the ages of thirteen (13) and eighteen (18), your parent or legal guardian must supervise your use of the Sites.*
You understand and agree that MARCHON, at its discretion, at any time and without notice, reserves the right to modify, enhance or supplement the Sites or the services provided through the Sites. You further understand and agree that any such changes will automatically constitute part of the services and as such, will also be subject to these Terms and Conditions unless expressly stated otherwise. You understand and agree that MARCHON, at its discretion, at any time and without notice, reserves the right to discontinue the Sites, the services or both, including without limitation access to any content, products or services offered in connection with the Site, in whole or in part, temporarily or permanently, before or after submission of an order to purchase optical products.* MARCHON takes no responsibility and assumes no liability to you or any third party for any such modification or discontinuation.
MARCHON hopes to make the Sites available all day, every day, with the exception of scheduled maintenance. Many factors, however, impact the availability of the Sites, including without limitation maintenance, system, or equipment failure or problems encountered with suppliers or service providers, and MARCHON does not guarantee the availability or functionality of the Sites.
3. WEBSITE CONTENT
MARCHON has taken reasonable steps to ensure that the information on the Sites is accurate and timely. MARCHON, however, assumes no responsibility for any errors or omissions on the Sites or for the accuracy, truthfulness, or content of other documents that are referenced or linked to the Sites. Nor does MARCHON make any commitment to update the information contained herein. This publication and other documents are subject to change without notice.
MARCHON expressly disclaims responsibility for any consequences related to any use, misuse, and/or interpretation of the Site or any of the information contained herein/therein.
The names, registered logo(s), service mark(s), and trademark(s) appearing on the site are owned by MARCHON, MARCHON’s subsidiaries or affiliates, or the respective third party owners/licensors of those names, registered logo(s), service mark(s), and trademark(s) and are protected under the copyright, trademark, and other laws of the United States and other applicable jurisdictions. Nothing on the Sites grants you any right or license to use any of the content (including without limitation the text, graphics, images, URLs, script, and logos) on the Site without the express written permission of MARCHON. Except as may be explicitly permitted on the Sites, you shall not copy, modify, display, post, upload, republish, distribute, sell, license, create derivative works from, or transmit anything you obtain or view on the Sites unless you first obtain MARCHON’s written permission.
Except with regard to personal information, any material, information or other communication you post on the Sites or communicate to MARCHON through the Sites (“User Generated Content”) will forever be the property of MARCHON. MARCHON shall not treat any User Generated Content as confidential and shall have exclusive ownership of all present and future existing rights to any User Generated Content of every kind and nature everywhere. You are prohibited from posting or transmitting to or from the Sites any User Generated Content that violates any intellectual property right of a third party, or that is unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any state, federal, or international law. You hereby represent that your User Generated Content does not infringe or misappropriate the rights of any third party.
5. THIRD PARTY SITES, PRODUCTS, AND SERVICES
MARCHON may link to various external websites that are not under the control of MARCHON and you agree that MARCHON is not responsible for the content, products, or services sold by any linked site or any link contained in a linked site. MARCHON does not assume any responsibility or liability for the actions, products, or content of any of these or other third party websites. Links are provided solely for your convenience and MARCHON does not guarantee the accuracy or completeness of, or endorse any content of any external website. MARCHON reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to any of the Sites, you do so entirely at your own risk and in no event will MARCHON be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of any external website.
7. RESTRICTIONS ON USE
In addition to the other restrictions provided in these Terms and Conditions, you may not, while accessing or using the Site, engage in any of the following activities: (a) provide false or misleading registration information (where applicable); (b) disclose your username or password to anyone;** (c) use the account, username, password, or personal information of another user;** (d) harvest or collect information about any users of the Sites; (e) use any robot, spider, site search, or retrieval application or automatic device to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or their content; (f) modify the information, content, programs, or other materials on the Sites or hack into or access the servers or Sites in an unauthorized manner; (g) frame or mirror any part of the Sites; (h) use the Sites in a manner inconsistent with applicable laws, rules, and regulations; (i) upload or input to the Sites any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any portion or system of the Sites; or (j) reverse engineer, decompile, disassemble, translate, or otherwise alter any portion of the Sites.
8. UNAUTHORIZED USE OF THE SITES
Any illegal or unauthorized use of the Site shall constitute a violation of these Terms and Conditions. You do not have permission to access the Site in any way that violates these Terms and Conditions. Illegal or unauthorized use of the Site includes, but is not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site It shall also be a violation of these Terms and Conditions: (a) for any individual (or group of individuals acting in concert) to request, more than 100 pages of content from site in any twenty-four hour period (hereafter referred to as “Abusive Use”).
9. SUSPECTED VIOLATION OF THESE TERMS OF SERVICE OR LAW; INJUNCTIVE, EQUITABLE RELIEF, AND LIQUIDATED DAMAGES
Violation(s) of these Terms and Conditions, including Abusive Use of the Sites, may be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal and/or injunctive redress. You understand and agree that in MARCHON’s sole discretion, and without prior notice, MARCHON may terminate your access to the site, remove any unauthorized User Generated Content or exercise any other legal or equitable remedy available, if MARCHON believes that your conduct or the conduct of any person with whom MARCHON believes you act in concert, or the User Generated Content you provide, violates or is inconsistent with these Terms and Conditions or the law, or violates the rights of MARCHON or another user of the Sites. You agree that monetary damages may not provide a sufficient remedy to MARCHON for violations of these Terms and Conditions and you consent to the application of injunctive or other equitable relief for such violations.
You agree that Abusive Use of the Sites, as defined above, causes damage and harm to MARCHON in the form of, among other things, impaired goodwill and increased expenses associated with responding to Abusive Use of the Sites. You further agree that monetary damages for Abusive Use of the Sites are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and inconvenient to calculate. Accordingly you agree that injunctive or other equitable relief is warranted for Abusive Use. Therefore, you agree that if you, or others act in concert with you, alone or collectively request more than 100 pages of content from the Sites in any twenty-four hour period, you, and those acting in concert with you, may be held jointly and severally liable for reasonable attorney’s fees, expert witness fees and costs associated with injunctive or other equitable relief.
10. USING YOUR PASSWORD**
When you register to purchase optical products through the Sites, MARCHON will send your password for accessing the Sites to the e-mail address you provide. All content or instructions transmitted by or received from anyone presenting your password on the Sites will be deemed binding on you. You agree that you are solely liable for all actions taken via your username and password, including without limitation all communications, submissions, or financial obligations, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Sites for which you will be legally responsible. *
If you suspect that someone who is not you may have obtained access to your password, change the password immediately. If you are unable to change your password or you suspect unauthorized activity with your password and username, contact the MARCHON Customer Service Team at 1-800-645-1300 (U.S. only) or firstname.lastname@example.org immediately.
Instructions on changing personal information (for users):
You may have the right to request access to and receive information about the personal information we maintain about you, update and correct inaccuracies in your personal information and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. You also have the right to opt out, free of charge, from the processing of your personal information for marketing purposes.
All requests for access, rectification, blocking and opting-out must be made in writing, signed, dated and mailed to:
Marchon Eyewear Inc.
Attn: Customer Service
35 Hub Drive
Melville, NY 1174711
11. ORDERING AND PAYMENT POLICIES*
MARCHON only accepts valid credit cards or other payment method as indicated on the Site (the “Payment Method”). By submitting your order, you represent and warrant that you are authorized to use the Payment Method and that you authorize MARCHON to charge your entire order to that Payment Method. If the Payment Method is invalid, cannot be verified, or is otherwise unacceptable, MARCHON may suspend or cancel your order without notice. You agree to keep your Payment Method current until the order is complete and to quickly resolve any problems that MARCHON encounters while processing your order. You shall make and keep a copy of all records relating to your order, including without limitation your order confirmation page.
Any applicable taxes and shipping and handling charges are additional. All prices are listed in U.S. dollars and are subject to change without notice.
All items are subject to availability and MARCHON reserves the right to impose quantity limits, to reject all or part of an order, and to discontinue products without notice.
To make a purchase on any of the Sites, you must have a United States shipping address. For international purchases on mymarchon.com, dragonalliance.com or Scandinavian Eyewear’s e-store www.sestore.se, please consult the conditions on International Use (no. 27 of these Terms and Conditions). Shipments will not be made to a post office box. Shipping and handling fees are available at check-out and MARCHON reserves the right to change the fees from time to time without notice. You agree to be bound by the details that appear when you complete your order. Shipping and handling fees may or may not reflect actual costs.
All orders are shipment contracts, not destination contracts. Any shipping time shown on the Sites is an estimate only and actual delivery dates may vary.
13. RETURNS AND PROBLEMS WITH OPTICAL PRODUCTS*
Returns and exchanges are accepted within thirty (30) days of the purchase with receipt. Products must be returned in original packaging. Defective items may be returned at any time within the one-year limited warranty period, unless a longer warranty period is expressly provided with your product. These policies do not apply to normal wear or damage from misuse, abuse or alteration. Shipping charges will be refunded only if an incorrect item was sent, or if the product is found to be defective. For more information, contact the mymarchon.com Customer Service Team at 1-800-645-1300 (U.S. only) or email@example.com.
14. LIMITATION OF LIABILITY
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL MARCHON, ANY MARCHON AFFILIATE, CONTRACTOR, SUPPLIER, SERVICE PROVIDER, EMPLOYEE, AGENT, OR LICENSOR OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES OR ITS SERVICES (THE “MARCHON AFFILIATES”) BE LIABLE IN ANY MANNER WHATSOEVER (A) FOR ANY DECISION MADE OR ACTION TAKEN OR OMITTED BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITES; (B) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (C) FOR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR USER GENERATED CONTENT OR OTHER INFORMATION; AND (D) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES, LOST PROFITS, LOST DATA ON YOUR EQUIPMENT, OR OTHERWISE, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITES OR ITS SERVICES (INCLUDING WITHOUT LIMITATION ANY SERVICE, PRODUCT, INFORMATION OR FUNCTIONALITY), EVEN IF MARCHON OR THE MARCHON AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR MISREPRESENTATION.
THE AGGREGATE LIABILITY OF MARCHON AND THE MARCHON AFFILIATES RISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO (1) THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT WILL NOT EXCEED THE LESSER OF (a) TOTAL AMOUNT PAID BY YOU TO MARCHON FOR THE TRANSACTION AT ISSUE, OR (b) $0 IF NO AMOUNT WAS PAID TO MARCHON AS PART OF YOUR USE OF THE SITES,* OR (2) SUBSTITUTION OR REPLACEMENT OF THE ITEM GIVING RISE TO THE DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON YOUR JURISDICTION.
15. DISCLAIMER OF WARRANTY
USE OF ANY OF THE SITES IS ENTIRELY AT YOUR OWN RISK. MARCHON MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITES AND THEIR SERVICES. EXCEPT AS SET FORTH BELOW, THE SITES AND THEIR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MARCHON DOES NOT WARRANT THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITES ARE ACCURATE, RELIABLE, UNINTERRUPTED, OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITES IS FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON YOUR JURISDICTION.
You agree to defend, indemnify and hold harmless MARCHON and MARCHON Affiliates from all liabilities, claims and expenses, including without limitation attorney’s fees that arise from your use of the Sites or any services, information or products of the Sites or any violation of these Terms and Conditions.
17. THIRD-PARTY BENEFICIARIES
Except as expressly stated otherwise, there are no third party beneficiaries of these Terms and Conditions.
MARCHON may suspend or terminate your use of and access to the Sites immediately at any time without notice, with or without cause. You shall remain liable for any obligation, including any amount due that you incurred before suspension or termination. Any actions in violation of these Terms and Conditions may subject you to civil and criminal legal penalties and MARCHON reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions.
You may terminate your use of the Sites and your username and password at any time by contacting the MARCHON Customer Service Team at 1-800-645-1300 (U.S. only) or firstname.lastname@example.org.
You shall remain liable for any obligation, including any amount due that you incurred prior to termination.
19. CHOICE OF LAW AND FORUM
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without reference to its choice of law rules. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive jurisdiction of the federal and state courts in New York, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. Any legal proceedings will be conducted in English.
20. NOTICE AND COMMUNICATIONS
You agree that MARCHON or its suppliers and service providers may communicate with you by e-mail about current or past orders and all related matters, including without limitation delivering notices or disclosures to you. MARCHON or its suppliers and service providers reserve the right to communicate with you by other means, including without limitation postal mail, from time to time.
If any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of any other provision. The unenforceable provision will be amended so as to best accomplish the objectives of the provision within the limits of applicable law.
22. NO WAIVER
Neither the failure nor delay of MARCHON to exercise any right, remedy, power, or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege, nor will any waiver of any right, remedy, power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by MARCHON.
23. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
IT IS MARCHON’S VIEW THAT THE SITES DO NOT CONTAIN MATERIALS THAT WOULD TYPICALLY BE THE SUBJECT OF FILTERING SOFTWARE. NEVERTHELESS, ALL USERS ARE HEREBY INFORMED BY MARCHON, THE PROVIDER OF THIS INTERACTIVE COMPUTER SERVICE, THAT PARENTAL CONTROL PROTECTIONS (SUCH AS COMPUTER HARDWARE, SOFTWARE OR FILTERING SERVICES) ARE COMMERCIALLY AVAILABLE THAT MAY ASSIST IN LIMITING ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS. A REPORT DETAILING SOME OF THOSE PROTECTIONS CAN BE FOUND UNDER THE CHILDREN’S INTERNET PROTECTION ACT: REPORT ON THE EFFECTIVENESS OF INTERNET PROTECTION MEASURES AND SAFETY POLICIES (HTTP://WWW.NTIA.DOC.GOV/NTIAHOME/NTIAGENERAL/CIPA2003/INDEX.HTML)
24. NOTICE OF NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
MARCHON WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES PROVIDED IN CONNECTION WITH THE USE OF THE SITES TO ANY OTHER PARTY FOR THE PURPOSE OF INITIATING OR ENABLING OTHERS TO INITIATE EMAIL MESSAGES EXCEPT AS STATED IN THE PRIVACY AND SECURITY POLICY OR BY YOUR CONSENT. EXCEPT FOR PERSONS REFERENCED IN THAT POLICY (IF ANY) AS AUTHORIZED RECIPIENTS OF THOSE ADDRESSES, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
25. QUESTIONS, COMPLAINTS AND ADDITIONAL INFORMATION
Any questions, comments or complaints regarding the Sites should be directed to the MARCHON Customer Service Team at 1-800-645-1300 (U.S. only) or email@example.com.
The Sites are owned by Marchon Eyewear, Inc. Additional information regarding Marchon Eyewear, Inc. may be requested by writing to:
Marchon Eyewear, Inc.
Attn: Customer Service
35 Hub Drive
Melville, NY 11747
MARCHON responds to emails, electronic messages, and other communications transmitted via the Sites as soon as reasonably practical. MARCHON’s response time shall not exceed any maximum time period that may be specified by law.
27. INTERNATIONAL USE
MARCHON controls and operates the Sites from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. If you purchase optical products through mymarchon.com, sestore.se or dragonalliance.com from outside the United States, you must be aware that the purchase and shipping/delivery conditions applicable to that purchase may deviate from these Terms and Conditions. Please consult the relevant terms and conditions presented to you prior to your purchase.
* Purchases on mymarchon.com and sestore.se: Prescription and non-prescription optical products and related accessories are offered for sale and available for purchase on a business-to-business basis to accounts authorized by MARCHON to use mymarchon.com or sestore.se.
* Purchases on dragonalliance.com: Prescription and non-prescription optical products and related accessories are offered for sale and available for purchase to the general public on dragonalliance.com.
* Products and accessories on marchon.com, flexon.com, or nikevision.com are provided for informational purposes only and not for purchase.
** Usernames and passwords are not required on marchon.com, flexon.com, or nikevision.com.