Introduction to Our Website Terms and Conditions of Use
Welcome to the www.shamirlens.com website (the “Website”). Thank you for your interest in accessing the Website, using the services offered by Shamir Insight, Inc. (“Shamir Insight,” “us,” “we,” or “our”), on the Website (the “Services”), and purchasing products and other offerings which may be available from time to time from us (the “Products”).
Binding Agreement
We provide to you, whether personally or on behalf of an entity (“you” or “your”), access to our Website, Services, and Products subject to the following Terms and Conditions of Use (including those available by hyperlink) and our Privacy Policy (collectively, the “Agreement”). By submitting to us the registration information we require, you are offering to comply with all of the terms of this Agreement without limitation or qualification in return for us allowing you to access the restricted portions of the Website and use the Services. By processing your registration, we are accepting your offer, subject to all of the terms of this Agreement. PLEASE THEREFORE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY BEFORE REGISTERING TO USE THE WEBSITE. ANY USE OF THE WEBSITE WITHOUT PROPERLY REGISTERING IS UNAUTHORIZED. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES.
We reserve the right to change any of the terms and conditions of this Agreement at any time and in our sole and absolute discretion. Any changes will be effective ten (10) calendar days after the posting of the revisions to this Agreement. You are responsible for reviewing any applicable changes. YOUR CONTINUED USE OF THE WEBSITE OR ANY SERVICES AFTER THEIR EFFECTIVE DATE MEANS YOU ACCEPT SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MUST NOT CONTINUE TO USE THE WEBSITE OR ANY SERVICES. EXCEPT SOLELY AS PROVIDED IN THIS PARAGRAPH AND THE SEVERABILITY PROVISION OF THIS AGREEMENT, THIS AGREEMENT MAY NOT BE CHANGED WITHOUT THE HANDWRITTEN (NON-ELECTRONIC) SIGNATURE OF AN AUTHORIZED PERSON AT SHAMIR INSIGHT.
Privacy Policy Also Part of This Agreement
Please review our Website Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. Our Website Privacy Policy is part of this Agreement and incorporated herein.
Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. Except as otherwise expressly provided in this Agreement, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
When you register with us (described below), you will need to provide the verification number on the “Autograph® Authenticity Card” you received from your eye care professional, which number will serve as your password, and to provide your user name (first and last name). You agree that your use of your name or password and any other use by you of the Website constitutes your electronic signature and authenticates your communications to us or third-parties using the Website, and otherwise satisfies any legal requirement that such communications be in writing.
Registration and Access
Registration
To register for offers, specials, and Services through the Website, you must create an account with Shamir Insight, Inc. through the online registration process. In creating an account, you must provide us with accurate and complete registration information, as prompted in the registration form. You must promptly notify Shamir Insight if any of this information changes. If you fail to provide or update this information, we may terminate your right to use the Website, or restrict access to offers, promotional materials, Services and Products.
Your verification number on your “Authenticity Card” will serve as your password. You should keep your password confidential. You agree to be solely responsible for the selection, use, and safekeeping of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you become aware of any other breach or attempted breach of the security of the Website. Under no circumstances should you respond to a request for your password from Shamir Insight or anyone else; Shamir Insight will have a record of your password. Please notify us immediately if you receive such a request.
Content Generally
You may not post, submit or transmit any content that: (i) is libelous, defamatory, or slanderous; (ii) advocates the violent overthrow of the government of the United States; (iii) incites, encourages, or threatens immediate physical harm against another; (iv) presents an immediate and genuine danger to another person or entity; or (v) violates any applicable governmental law, regulation, or rule. You are solely responsible for the wording, customization, and accuracy of all content posted on or handled through the Website or Services, and all related materials. This includes but is not limited to the use of metadata, cookies, and other information, files, and programs.
Confidentiality
You agree not to disclose Shamir Insight Confidential Information without Shamir Insight’s prior written consent. “Shamir Insight Confidential Information” includes without limitation: (i) all Shamir Insight software, technology, programming, technical specifications, materials, guidelines and documentation you learn, develop, or obtain that relates specifically to the Services, Products, or the Website or its use; (ii) statistics relating to Website performance or the Services provided to you by Shamir Insight; (iii) your verification number; and (iv) any other information designated in writing (including electronic communications) by Shamir Insight as “confidential” or any designation to the same effect. “Shamir Insight Confidential Information” does not include information that has become publicly known through no breach by an authorized user of the Website or Shamir Insight, or information that has been (a) independently developed without access to Shamir Insight Confidential Information as evidenced in writing to Shamir Insight’s sole satisfaction; (b) rightfully received by you from a third party; or (c) required to be disclosed by law or by a governmental authority.
Geographic Scope
Unless we otherwise determine, the Website is displayed solely for purposes of promoting Shamir Insight’s Products and Services in the United States. Unless otherwise specified, the Website is available for visitors outside of the United States only for purposes of information. The Website is controlled by Shamir Insight from its offices in San Diego, California, in the United States of America.
Intellectual Property
Non-Infringement and Other User Conduct
In your use of the Website or any Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of ours, any of our affiliates, or of any third party; (ii) attempt to or actually disrupt, interfere with, or damage the Website or Services or any web sites linked to the Website, including, without limitation, by using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iii) attempt to use another user’s account, impersonate another person or entity (e.g., pretexting or spoofing); (iv) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access or otherwise restricted to you; (v) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vi) collect, manually or through automated processes, information about other users (without their express consent) or other information relating to the Website or the Services; (vii) use any meta tags or other “hidden text” utilizing Shamir Insight’s or any of its affiliates’ names, trademarks, service marks, or product names, or those of permitted suppliers or other sponsors of web pages, Services, or Products on the Website; (viii) engage in any activity that interferes with a third party’s ability to use or enjoy the Website, Services, or Products; (ix) place or attempt to place unreasonable or disproportionately large loads on the Website or Service infrastructure; or (x) assist any third party in engaging in an activity prohibited by this Agreement.
Copyright
You agree that as between you and Shamir Insight all content included on and software used on or by the Website and any compilations and derivatives thereof, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software and code, is the exclusive property of Shamir Insight, its affiliates or its respective content suppliers, and is protected by United States and international copyright laws. For purposes of this Agreement, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Shamir Insight, or any entity or person in which Shamir Insight, directly or indirectly, owns a controlling interest. Except as expressly provided in this Agreement to the contrary, nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Shamir Insight or the respective copyright owner. Copyright © 2008 Shamir Insight, Inc. ALL RIGHTS RESERVED.
Trademarks
AUTOGRAPH®, AUTOGRAPH NANO™, AUTOGRAPH SHORT®, AUTOGRAPH EVERYDAY®, AUTOGRAPH GOLF®, AUTOGRAPH - OFFICE™, AUTOGRAPH - SV™, AUTOGRAPH – SPORT™, AUTOGRAPH – SPORT SV™, AUTOGRAPH - YOUR PERSONAL LIFESTYLE LENS™, SHAMIR AUTOGRAPH YOUR PERSONAL LIFESTYLE LENS™, THE AUTOGRAPH FAMILY™, PICCOLO®, PICCOLO NANO™, PICCOLO WRAP®, THE PROGRESSIVE LENS EXPERTS®, DESKVISION™, DIRECT LENS TECHNOLOGY®, TITAN HARDCOAT®, FREEFORM TECHNOLOGY®, PRESCRIPTOR®, PRESCRIPTOR OPTICAL YIELD OPTIMIZER®, SHAMIR GEAR™, GLACIER LIFESTYLE COATING™, POLYPLUS™, SHAMIR ELEMENT™, SUPERLITE™, AUTOGRAPH SINGLE VISION ATTITUDE™, OEMII™, EMIB™, RCPV™, FREEFRAME™, AS WORN™, DLT™, MIDVIEW®, EYE-POINT TECHNOLOGY®, RECREATING PERFECT VISION®, FREEFORM®, INDIVIDUAL EYES®, PANORAMA®, MULTISPACE®, and other marks are trademarks or service marks owned by Shamir Insight, Inc. All page headers, custom graphics, button icons, and scripts, are trademarks, trade dress, or service marks of Shamir Insight. You hereby acknowledge that any use by you of such trademarks, trade dress, or service marks is for the sole benefit of Shamir Insight, and all goodwill generated by such use shall inure to our sole benefit. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Shamir Insight or its affiliates without its or their respective express, written consent. All other trademarks, trade names, service marks and the like that appear on the Website, Services or Products are the property of their respective owners. You may not use any of these trademarks, trade names, trade dress, or service marks without the respective owner’s express permission.
Ownership of Data
You agree that all rights, title, and interest in and to the data generated by or on the Shamir Insight system or through contract performance is owned by Shamir Insight, except that certain data provided by third parties pursuant to separate agreements with us may be owned by the respective third party data provider. In the latter case, you agree to comply with such provider’s terms and conditions of use. We may retain, use, or transfer our data as we, in our sole discretion, may determine.
License and Site Access
Other than your personally identifiable information, which is governed by our Privacy Policy, by posting, storing, or transmitting any content or data to the Website or us, you hereby grant us and our affiliates, successors, and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyrights, publicity, and database rights to such content, in any media now known or created in the future, and to display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. To the maximum extent permitted under applicable law, you hereby irrevocably waive any claims based on moral rights, if any, to such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not negligently or willfully cause injury to any person or entity.
We may retain and use for our own purposes all information you provide, including but not limited to web site demographics and contact and other personal information. You agree that we may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in the Services, including to third parties that reside in jurisdictions with less restrictive data laws than your own jurisdiction. We disclaim all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party. We may share aggregate (i.e., not personally identifiable) information about you with advertisers, business partners, sponsors, and other third parties. In addition, you grant to us the right to access, index, and cache your website, or any portion thereof, including by automated means including Web spiders or crawlers.
Shamir Insight grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Website solely in order to use the Services in full compliance with this Agreement, except that unregistered and unauthorized users may not browse or access pages of the Website restricted to registered users. You agree not to download (other than page caching for authorized users) or modify the Website, or any portion of it without our express, written consent. Other than as specified in this Agreement, such license does not include any rights of resale or commercial use of the Website or its contents; any collection or use of any media metrics (whether those of Shamir Insight or others) available on or through the Website, product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, scraping, or similar data gathering or extraction tools. The Website (or any portion of it) may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our prior express, written consent. Any unauthorized use automatically and immediately terminates the permission or license granted by Shamir Insight.
Linking Your Site to Our Site
You may not link to our Website without our prior express written consent. Any link by you to the Website is at your own risk, and is subject to all the terms and conditions of this Agreement.
Unless Shamir Insight otherwise agrees in writing, by linking to the Website, you agree that: (1) you have no rights in or to Shamir Insight’s trademarks, trade names, or service marks; (2) such link does not confer upon you any rights to distribute, publish or otherwise use copyrighted material of Shamir Insight; (3) you have no rights in or to the trademarks or service marks of any third party displayed on the Website; (4) you agree that Shamir Insight shall not be liable for any consequential, special, or other damages to you or any third-party by virtue of such link; and (5) you will not use such link for any illegal, immoral, or improper purpose, nor will you have on your site any material detrimental to Shamir Insight, or otherwise offensive in manner, or inappropriate for minors. You further agree that, upon e-mail or other notice to you from Shamir Insight, you will immediately remove all links from your site to the Website. Any consent shall be restricted to granting you a limited, terminable-at-will, and non-exclusive right to create a hyperlink to the home page of the Website. You may not “deep link” to the Website; that is, any link to the Website shall be a full forward link that opens the viewer’s browser onto Shamir Insight’s home page unencumbered. You may not “frame” any Website pages, or proxy cache any Website content.
You may not use any Shamir Insight trade names, trademarks or service marks without our prior express written consent and, in any event, any such use must (i) include the appropriate trademark or service mark symbol (e.g., “™” or “®”), (ii) comply at all times with Shamir Insight’s usage guidelines then in effect, as they may change from time to time; and (iii) display an express, conspicuous and prominent disclaimer listing each such mark and stating that they are trademark or service marks of Shamir Insight. Shamir Insight usage guidelines require, without limitation, that all trademarks, icons, and logos on Shamir Insight’s Products, documentation, and other marketing materials shall not be altered, removed, or obscured; are clearly visible, are in proportion; and have a consistent appearance to the marks as they appear on Shamir Insight’s Products and marketing materials. Distributors and direct sale customers should use images of only those Shamir Insight Products they resell.
Our Links to Other Sites
This Agreement only applies to the Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources, including but not limited to those of affiliates. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.
Indemnification
You agree to defend, indemnify and hold Shamir Insight, our shareholders, directors, officers, employees, agents, affiliates, and suppliers (“Indemnified Persons”) harmless from any claims, demand, damage, loss, or expense, including costs and attorneys’ fees, made by any third party due to or arising out of (i) your access to or use of the Website, Services, or Products, (ii) the violation of this Agreement by you, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (“Claim”). If you are obligated to provide indemnification pursuant to this provision, the involved Indemnified Person may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without the consent of the applicable Indemnified Person.
DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS
DISCLAIMER OF WARRANTIES
SHAMIR INSIGHT PROVIDES THE WEBSITE, SERVICES, AND PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHAMIR INSIGHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM SHAMIR INSIGHT: (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, VIRUSES, INACCURACIES, ERRORS, OR OTHER HARMFUL COMPONENTS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE THAT YOU USE. SHAMIR INSIGHT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK.
THIRD PARTY SERVICES
THE THIRD-PARTY LINKS, SERVICES, GOODS, RESOURCES, AND INFORMATION THAT SHAMIR INSIGHT PROVIDES ON OR MAKES AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE AVAILABLE THROUGH THIRD-PARTY ADVERTISING OR ADVERTISEMENTS, ARE NOT CONTROLLED BY SHAMIR INSIGHT. ACCORDINGLY, SHAMIR INSIGHT MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES, AND INFORMATION, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND COMPLIANCE WITH APPLICABLE LAW, AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES, OR INFORMATION.
EXCLUSION OF DAMAGES
SHAMIR INSIGHT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE, SERVICES, OR PRODUCTS, BASED ON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, INFRINGEMENT, INVASION OF PRIVACY, OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS OR WARRANTIES UNDER THIS AGREEMENT OR IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT WILL THE LIABILITY OF SHAMIR INSIGHT IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE SERVICES, OR THE PRODUCTS EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO SHAMIR INSIGHT DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (II) US$5,000.
LIMITATION OF ACTIONS
NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, SERVICES, OR PRODUCTS MUST BE MADE IN WRITING PURSUANT TO THE ARBITRATION PROVISION BELOW WITHIN ONE CALENDAR YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR SHALL FOREVER BE BARRED.
Force Majeure
Shamir Insight will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communication outage, a failure by a service provide to Shamir Insight to perform, fire, threatened or actual act of terrorism, natural disaster, or war.
Termination
By Us
We will have the right in our sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or your access to the Website or Services. Such reasons may include, without limitation: (i) your breach of any part of this Agreement, (ii) your violation of the rights of any third party or of law, (iii) the invalidity of your credit card, (iv) your exceeding your credit card limit, (v) “chargeback” of a fee or other payment, or (vi) your membership account becoming inactive for an extended period of time.
By You
If you are a registered user, you may terminate your internet account for any reason at any time by terminating it through the “Your Account” feature on the Website or providing express written notice to us of your intention to do so, subject to this Agreement.
Effect of Termination
If your account is terminated, we may, in our sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of the Website or Services on our servers or otherwise in our possession. Immediately upon termination, either by you or us, you are not permitted to access or use the Website or Services or purchase Products. We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website or the Services, including, without limitation, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP). If your account is terminated, you must immediately pay us any fees or other amounts that you owe or that are based on your activity prior to termination.
Survival
All provisions of this Agreement, except our grant of license and site access to you and your use of the Website, Services, and Products, shall survive the termination of this Agreement.
Relationship of Parties
The relationship of Shamir Insight and its affiliates, successors, and assigns to you is one of independent contractor and/or supplier. Notwithstanding the use of the term “partner” to describe a relationship between us or between Shamir Insight and any of its suppliers, no party to this Agreement intends to create any legal relationship of partnership with any other party, and nothing in this Agreement shall be construed to give any party the power to direct or control the daily activities of, or bind, any other party, or to constitute any combination of parties as principal and agent, employer and employee, franchisor and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking. You agree that we do not owe to you any fiduciary duties.
Assignment
This Agreement may not be assigned by you without our prior express written consent. Any attempted assignment in violation of this section shall be void and without legal effect.
Severability
If any provision of this Agreement or any agreement made through the Website for the purchase of Services or Products is held unenforceable, the remaining portions thereof shall remain in full force and effect. Without limiting the foregoing, you agree that if any remedy hereunder or thereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth herein or therein shall remain in effect.
Governing Law; Jurisdiction and Venue
By visiting the Website, you agree that the laws of the State of California, United States of America, without regard to its principles of conflict of laws, will govern this Agreement as well as contracts made through the Website for the purchase of Services or Products, and any dispute of any sort that might arise between any of the parties to any such agreement. Notwithstanding the preceding sentence, the United Nations Convention for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to the interpretation or enforcement of this Agreement.
You agree that our Website operates solely in San Diego, California (“Place of Performance”), and that you are using the Internet as your own agent to access and use our Website from the local Internet point of presence (POP) here at our Place of Performance to take delivery of any information, Products or Services at our Place of Performance. This means all operations, Services, deliveries, performance and contacts of our Website occur solely at the Place of Performance. You agree that any legal action initiated or maintained by you shall be in such designated state/locale and irrevocably consent to exclusive personal jurisdiction and venue therein. Our Website does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.
Arbitration of Certain Disputes
Any dispute relating in any way to your visit to the Website or to Services or Products you purchase through the Website shall be submitted to confidential arbitration in San Diego, California, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Shamir Insight’s intellectual property rights, Shamir Insight may seek injunctive or other appropriate relief in any California state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the applicable rules (commercial with respect to businesses and consumer with respect to consumers) then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Contact Us
In the event of any dispute or for any other information concerning this Agreement—including our Privacy Policy—please contact us via US mail or email at:
Shamir Insight, Inc.
9938 Via Pasar
San Diego, CA 92126
marketing@shamirlens.com
Entire Agreement
This Agreement, the Privacy Policy, and any third-party terms and conditions of use which are incorporated herein, contain the entire understanding and agreement of you and Shamir Insight regarding such subject matter, and supersedes all prior and contemporaneous agreements and understandings between us regarding such subject matter.