PEARLE VISION
WEBSITE TERMS OFUSE
(EFFECTIVE AS OF May 21, 2025)
IMPORTANT - These TOU together with our Privacy Policy are a legal agreement(Agreement) between you ("You", or you) and Luxottica of America Inc., its parents, subsidiaries, affiliates, representatives, officers, and directors (collectively, Luxottica, us, we, or our), as owner of www.pearlevision.com (the Website), and govern your use of the Website.
BY ACCEPTING THIS AGREEMENT, YOU CONSENTTO A CLASS ACTION WAIVER. Please read this TOU carefully before using the Website and any online services software or apps (collectively Services) provided by Luxottica that post a link to this TOU. By using or continuing to use our Services, You agree to be bound by and accept the TOU in effect at the time of such use. Your use of our Services is expressly conditioned upon your agreement to these TOU.
Luxottica may make changes to these TOU, from time to time, in its sole discretion, by updating this posting on our Website without notice to you. Your continued use of our website following the posting of a new version of the TOU constitutes your acceptance of any such changes. Accordingly, whenever you visit our Website, check to see if a new version has been posted.
1. LICENSE GRANT. The Service and all of its content (Content),including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (Intellectual Property), are owned or controlled by Luxottica, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Luxottica, our licensors or certain other third parties, and is protected by US and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Luxottica owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. Luxottica hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Services solely for your personal use,which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use theServices in any manner not expressly permitted herein. In addition, thislicense does not include any use of data mining, robots, or similar data gathering and extraction tools nor any attempt to violate or any violation of the Websites security or attempt to interfere orany interference with the Websites ability to work properly.
2. USER REPRESENTATIONS. In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or 18 years. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are confirming that you are at least 18 years old.This Website is directed at users in U.S. only (and ships product to U.S only).
3. PROPRIETARY RIGHTS. This TOU provides only a limited license to You to access and use the Services. Accordingly, You expressly acknowledge and agree that Luxottica transfers no ownership or Intellectual Property interest or title in and to the Services to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by Luxottica. Pearle Vision, the Pearle Vision logo(s), and all other names, logos, and icons identifying PearleVision and its products and services are proprietary trademarks of Luxottica andany use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed onor through the Services may be the trademarks and/or service marks of theirrespective owners
4. CONTENT a. Content submitted by You. From time to time We may make available on this Services bulletin boards, chatrooms, comment areas, billboards, forums, news groups, postings sections orsimilar communication facilities that offer the opportunity to post, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services. In such instances, We welcome your comments on our Services. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Luxottica ("User-GeneratedContent") must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Generated Content must not infringe the intellectual property rights, privacy rights,rights of publicity, or other proprietary rights of any person or entity. Uponyour submission of any and all User-Generated Content, You grant Luxottica anon-exclusive, unrestricted, unconditional, unlimited, cost-free, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, sell,re-sell, modify, alter, publish, publicly display, publicly perform, record, post, translate, transmit, broadcast, disclose, distribute, make derivative works of, and otherwise use the User-Generated Content, such that Luxottica shall be and is entitled to use such User-Generated Content for any type of use and exploit in any manner whatsoever, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. You irrevocably waive and agree notto assert (and warrant that all individuals featured have waived and agreed notto assert) any moral rights in connection with the User-Generated Content. Youexpressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and usedin connection with your User-Generated Content. By submitting anyUser-Generated Content to us, You represent and warrant that You are at least the age of majority in the jurisdiction in which you reside and are the parentsor legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that as to User-Generated Content you hold allnecessary right, title and license to such User-Generated Content and that your submission of such materials to the Services does not and will not violate or infringe the rights of any third-parties or cause any harm to any person,including but not limited to intellectual property or privacy rights.
b. Non-confidentiality of content submitted by You. Except as otherwise described in any applicable Additional Policies you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary by us regardless of whether you mark them confidential, proprietary, or the like and will notbe returned, and (b) to the maximum extent not prohibited by applicable law, Luxottica does not assume any obligation of any kind to you or any third-party with respect to your User-GeneratedContent. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable additional terms. You acknowledge that the Internet and mobilecommunications may be insecure and subject to breaches of security; according,you acknowledge and agree that your User-Generated Content is submitted at yourown risk.
5. INFORMATION ABOUT THE WEBSITE
We try to make sure that all informationon the Services, including descriptions of our services is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors ininformation on the Services as soon as reasonably possible and if We think thatsuch an error has affected your visit of the Website. We will make reasonable efforts to notify You via the contact information You provided to us.
PROCEDURE FOR ALLEGING COPYRIGHTINFRINGMENT. If you are a copyright owner who wouldlike to send us a notice to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you area user whose work has been removed in response to such a notice of infringement, you may submit such notice to us by contacting us here: OnlineIPenforcement@luxottica.com.
Copyright Complaints
We respect the intellectualproperty of others. If you believe that your work has been copied and inaccessible on the Website in a way that constitutes copyright infringement, please notify us and provide the following information:
1. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
2. Identification of the URL or other specific location on the Website where the material thatyou claim is infringing is located;
3. Your name, address, telephone number and email address;
4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either the owner, or is authorized toact on behalf of the owner, of an exclusive copyright right that is allegedly infringed; and
6. An electronic or physical signature of the owner or of the person authorized toact on behalf of the owner of the copyright interest.
Our agent for notice claims of copyright infringement on the Website can be reached as follows:
PEARLE VISION
Legal Department
4000 Luxottica Place
Mason, Ohio 45040
Email: OnlineIPenforcement@luxottica.com.
7. CREATINGAN ACCOUNT. If You register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion.You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of Your account, password, or username, or any other breach of security, but willremain responsible for any unauthorized use thereafter. We may suspend or close an account for fraudulent condition and/or violations of these TOU. You will not sell, transfer, or assign your account or any account rights. In addition, accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute awe determine appropriate, without notice.
8. RESTRICTIONS You agree not to modify, distribute, disclose or create works wholly or partially based on the Services. You cannot (nor allow third parties to) sub-license, rent, sell, distribute,circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Services, or inany case reproduce, copy, use or provide the Services, or parts of it, in another manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Services is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused byusing the service, even indirectly.
9. PRIVACY POLICY. Please review Luxottica's Privacy Policy for this Website found on our Website for a description of Luxottica's personally identifiable information (PII) collection and use practices. By using the Service and visiting the Website, you also acknowledge, agree and consent to our PI collection and use practices as described in our PrivacyPolicy.
CONSENT TO CONTACT
Text Messages
By using this Website, you agree to the followingstatement:
I agree that providing my telephone number and opting in to receive textmessages in any submission on the Website, I provide my signature consenting tocontact from Pearle Vision at the number I provided regarding products orservices via live, automated or prerecorded call, text, or email. I understandthat I am not required to enter into this agreement as a condition of purchase.I can revoke this consent by texting STOP to 60164
You may receive texts from Pearle Vision regarding your account, purchases, orspecial offers from Pearle Vision. Message and data rates may apply. Maximum number of messages per month will vary based on the subscription list you haveenrolled in. You can unsubscribe at any time by texting STOP to 60164 You will receive a text confirming that you have been unsubscribed. If you have questions, reply HELPto [60164] or contact Pearle Vision at 1-800-937-3937Pearle Vision will not be liable for any delays in the receipt of any textmessages. Delivery is subject to effective transmission from your networkoperator.
Data obtained from you in connection with this text messaging service mayinclude your mobile phone number, your carriers name, and the date, time, andcontent of your messages and other information you provide to Pearle Vision aspart of this service. Pearle Vision may use this information to contact you andprovide services you request from Pearle Vision. Pearle Vision may also usethisinformation as described in the subscription list you have enrolled in.
Emails
By including your email in any submission, you are extending an express invitation to Luxottica to be contacted. For any service, you represent that all of the information you have provided in your submission is true and complete.
Voice recording and monitoring consent
You agreeand consent that Luxottica. may record or monitor communications made by you during any calls you make to us as permitted by 18 U.S.C. 2511 et seq., Cal.Penal Code 630 et seq., and other state laws that regulate call monitoring and recording. Luxottica is under no obligation to monitor or record its services for accuracy, completeness, or quality.
10. AVAILABILITY AND CONTINUITY OF SERVICE. You acknowledge and accept thatLuxottica reserves the right, at its own and complete discretion, totemporarily or permanently (i) suspend, terminate, oreliminate the Services, (ii) disable any access to the Services, and/or (iii)restrict, suspend, or terminate your account for any reason.
11. LINKS TO OTHER SITES. We are not responsible for third partiesor their content, advertisement(s), apps or sites (Third-Party Services). OurServices may facilitate access to other sites or on-line social media networks or pages for your convenience. These Third- Party Services have not necessarily been reviewed by Luxottica and are maintained by third parties over whichLuxottica exercises no control. This may include the ability to register or sign into our Services third-party tools, and to postcontent on third-party sites and services using their plug-ins made availableon our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services. Accordingly, Luxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the productsor services provided by, available through, or advertised on these Third-Party Services. Moreover, inclusion of any links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
12. WARRANTY DISCLAIMER. AS PERMITTED BYAPPLICABLE LAW AND EXCEPT AS OTHERWISEEXPRESSLY SET FORTH IN OUR WARRANTYPOLICY LUXOTTICAMAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE FOR ANY PURPOSE ANDEXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES ANDREPRESENTATIONS INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OFMERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OFDATA, AND NONINFRINGEMENT, AND DOES NOT GUARANTEE THAT THE SERVICES WILLFUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES SERVICES (INCLUDINGCONTENT AND INFORMATION) ON AN AS IS AND AS AVAILABLE BASIS, AND WITH ALLFAULTS BASIS. SOME LAWS MAY NOT PERMITCERTAIN DISCLAIMERS SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
13. HEALTH DISCLAIMER. ANY GENERAL HEALTH INFORMATION ON THIS WEBSITEIS ONLY INTENDED TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR HEALTHCAREPROVIDER. IT IS NOT INTENDED FOR DIAGNOSIS OR AS A SUBSTITUTE FOR SEEKINGPROFESSIONAL MEDICAL ADVICE. ALL SPECIFIC MEDICAL QUESTIONS SHOULD BE DIRECTEDTO A PROFESSIONAL HEALTHCARE PROVIDER
14. LIMITATIONOF LIABILITY. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXOTTICA BELIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIALDAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE ORWITH THE DELAY OR INABILITY TO USE THE WEBSITE, SERVICES, ORUSER-GENERATED-CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OROTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LUXOTTICA FOR ANYREASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTALAMOUNT PAID BY YOU TO LUXOTTICA IN CONNECTION WITH THE SUBJECT MATTER OF THEPARTICULAR DISPUTE.
15. INDEMNITY As permitted by applicable law, by using this application, You agree to defend, indemnify and hold harmless Luxottica and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legalfees) asserted by any third party and arising from: (i)your use of and access to the Services; (ii) any User-Generated Content; (iii)your breach of any of these TOU; and (iii) your infringement of any third partyrights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of theServices.
16. ENFORCEMENT You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Luxottica, such injury would not be quantifiable in monetary damages, and Luxottica would not have an adequate remedy at law. You therefore agree that Luxottica shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
17. TERM AND TERMINATION. This TOU will take effect at the time You begin using the Services. This TOU will terminate automatically if Youfail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing all use of the Services. Sections 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, and this sentence of this Section 17, will survive the termination of this TOU for any reason.
18. WAIVER & SEVERABILITY Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate asa waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
19. DISPUTE RESOLUTION: PROHIBITION OF CLASSAND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
THISSECTION LIMITS THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION.
You andLuxottica agree that, except where prohibited by applicable law, each of us maybring claims that relate to or arise from your use of or access to our website,any products or services sold, offered, or purchased through our Services, orcommunications (including calls, texts, or emails) that relate to or arise fromyour use of or access to our website only on an individual basis and not as aplaintiff or class member in any purported class or representative action orproceeding, including but not limited to actions under the Telephone ConsumerProtection Act, 47 U.S.C. 227 et seq., the California Invasion ofPrivacy Act, Cal. Penal Code 630 et seq., the Illinois BiometricPrivacy Act, 740 ILCS 14/1 et seq., the Texas Capture or Use ofBiometric Identifier Act, Bus. & Com. 503.001 et seq., and otherfederal and state telemarketing and privacy laws. If a court decides that thisprohibition of class and representative actions and non-individualized reliefis invalid or unenforceable, then the remainder of the Agreement will continueto apply.
20. APPLICABLE LAW & VENUE
a. The lawapplicable to the interpretation and construction of this Agreement and anytransaction using or related to the website shall be applicable federal lawsand the laws of the State of Ohio, USA, without regard to principles ofconflict of laws. You agree that all matters relating your access to or use ofthe website, including all disputes will be governed by the laws of the UnitedStates and by the laws of the State of Ohio.
b. Anyaction relating to use of this website or any transaction must be brought inthe state or federal courts serving Warren County, Ohio, for any lawsuit orcourt proceedings permitted under this Agreement. You consent and submit to thepersonal jurisdiction of such courts for the purposes of any such actions. Youfurther agree to file any cause of action with respect to this Agreement withinone year after the cause of action arises. You agree that a cause of actionfiled after this date is barred.
21. INDEPENDENT PARTY You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Luxottica as a result of this TOU or your utilization of the Services.
22. ENTIRE AGREEMENT. This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Services represent the entire agreement between You and Luxottica with respect to use of the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Luxottica with respect to the Services.
23. NO ASSIGNMENTS. You may not assign or transfer any rights under this Agreement without the prior written consent of Luxottica.
24. Updates toTerms. Luxottica may make changes to these TOU, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of theTOU constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
25. HEADINGS Headingsare for convenience only.
//End Terms of Use//
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