Terms Of Use

Last Modified May 01, 2010

You may only use MyLensPrices.com pursuant to the following terms and conditions, which you accept by your use of MyLensPrices.com. Use of MyLensPrices.com is subject to additional terms and conditions defined by our content providers ("Licensors") as stipulated on applicable pages of the site, which you accept by your use of MyLensPrices.com. MyLensPrices.com, reserves the right to modify or revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. Any such modifications to the Terms of Use and Privacy Statement shall be effective within forty-eight (48) hours of being posted on MyLensPrices.com unless otherwise stated by MyLensPrices.com, in writing. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the terms. Your continued use of MyLensPrices.com following MyLensPrices.com’s posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use MyLensPrices.com.

LICENSE AND SITE ACCESS

MyLensPrices.com grants you a non-exclusive right and license to access and use MyLensPrices.com for personal, noncommercial purposes, other than to purchase or sell items through MyLensPrices.com's Storefronts Service, or to purchase items from third-party merchants accessible via links on MyLensPrices.com. This license does not include and strictly prohibits: any resale of MyLensPrices.com or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of MyLensPrices.com or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. MyLensPrices.com, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of MyLensPrices.com. Any unauthorized use shall immediately terminate the licenses and rights granted by MyLensPrices.com and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of MyLensPrices.com so long as the link does not portray MyLensPrices.com, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any MyLensPrices.com, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to MyLensPrices.com without first obtaining the express written consent of MyLensPrices.com, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).

MyLensPrices.com does not guarantee continuous, uninterrupted or secure access to its services or MyLensPrices.com, and the operation of MyLensPrices.com may be interfered with by numerous factors outside or within MyLensPrices.com’s control.

CONTENT

MyLensPrices.com provides a number of different services to assist you in comparison shopping for products and services on MyLensPrices.com. MyLensPrices.com is paid by merchants or other third parties for promotions such as featured merchants, featured products and showcases. MyLensPrices.com receives a transaction fee from Storefronts sellers when a Member has completed the purchase of an item made available by a Member for sale on MyLensPrices.com.

MyLensPrices.com does not sell, resell or license any of the products listed on MyLensPrices.com, nor is MyLensPrices.com acting as an agent of sale, and MyLensPrices.com disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.

MyLensPrices.com does not warrant that product descriptions, pricing, editorial commentary or any other content of MyLensPrices.com, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by MyLensPrices.com of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. MyLensPrices.com assumes no liability for inaccuracy or incompleteness in its search results, editorial content, or other content on MyLensPrices.com.

OTHER BUSINESSES AND LINKS TO OTHER SITES

MyLensPrices.com may provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by MyLensPrices.com of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. MyLensPrices.com is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.

MyLensPrices.com has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on MyLensPrices.com or any business transaction that occurs as a result of products listed on MyLensPrices.com.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON MYLENSPRICES.COM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE MYLENSPRICES.COM, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH MYLENSPRICES.COM, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

MYLENSPRICES.COM IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYLENSPRICES.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MYLENSPRICES.COM OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON MYLENSPRICES.COM, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON MYLENSPRICES.COM; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYLENSPRICES.COM SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF MYLENSPRICES.COM OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. MYLENSPRICES.COM DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO MYLENSPRICES.COM OR THE SERVICES. OPERATION OF MYLENSPRICES.COM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF MYLENSPRICES.COM'S CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYLENSPRICES.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING MYLENSPRICES.COM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYLENSPRICES.COM MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON MYLENSPRICES.COM OR BOUGHT AND/OR SOLD USING MYLENSPRICES.COM, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT MYLENSPRICES.COM, ITS SERVERS, OR E-MAIL SENT FROM MYLENSPRICES.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYLENSPRICES.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF MYLENSPRICES.COM, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF MYLENSPRICES.COM, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH MYLENSPRICES.COM'S PRIVACY POLICY OR ANY OTHER POLICIES OF MYLENSPRICES.COM, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF MYLENSPRICES.COM.

INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold MyLensPrices.com, its subsidiaries, affiliates, co-brand partners, and other parties with which MyLensPrices.com is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of MyLensPrices.com and/or your breach of the Terms of Use and Privacy Statement and/or Member Agreement, and/or resulting from any and all content you submit to MyLensPrices.com. MyLensPrices.com shall provide notice to you of any such claim, suit or proceeding.

IP OWNERSHIP AND COPYRIGHT INFRINGEMENT

MyLensPrices.com disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). MyLensPrices.com will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include MyLensPrices.com removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity.

COPYRIGHTS AND TRADEMARKS

All content, graphics, format, design, the user interface and other copyrighted material on MyLensPrices.com (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by MyLensPrices.com and/or its licensors (as the case may be). The materials from MyLensPrices.com are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on MyLensPrices.com; and MyLensPrices.com has, in its sole discretion, given its prior written approval to such use of MyLensPrices.com's materials. Any requests to re-use MyLensPrices.com's materials should be sent to: info@MyLensPrices.com.

MyLensPrices.com brand and the MyLensPrices.com logo are registered trademarks of MyLensPrices.com. Any other product names, marks, symbols, trade names, company names and/or logos which appear within MyLensPrices.com are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the MyLensPrices.com trademarks, are protected by US law, including without limitation its laws on trademark and unfair competition, and may also be protected by the laws in other countries.

GENERAL

If any provision of these Terms of Use and Privacy Statement or the Member Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and the Member Agreement and all agreements and notices incorporated herein may be automatically assigned by MyLensPrices.com, in our sole discretion, to a third party. You may not assign your obligations to any other entity.