TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS website. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
This website is provided to Gothika for the sole purpose of marketing LensServ Optical Inc.’s products and services. The website is own owned and operated solely by LensServ Optical Inc.
The entire content of this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the sole property of LensServ Optical Inc. This collective work includes works that are licensed to LensServ Optical Inc. Permission is granted to electronically copy and print portions of this website for the sole purpose of placing an order with LensServ Optical Inc. or purchasing LensServ Optical Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with LensServ Optical Inc., or to purchase LensServ Optical Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless explicitly authorized by LensServ Optical Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the website.
All trademarks, service marks and trade names of LensServ Optical Inc. used in the website are trademarks or registered trademarks of LensServ Optical Inc. or are used by permission.
This website and the materials and products on this website are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, LensServ Optical Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. LensServ Optical Inc. does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. LensServ Optical Inc. does not make any warrantees or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
LensServ Optical Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if LensServ Optical Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a LensServ Optical Inc. product is mistakenly listed at an incorrect price, LensServ Optical Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. LensServ Optical Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, LensServ Optical Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by LensServ Optical Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
LensServ Optical Inc. or its subsidiaries may deliver notice to you by means of e-mail, a general notice on the website, or by other reliable method to the address you have provided to LensServ Optical Inc.
Your use of this website shall be governed in all respects by the laws of the state of Georgia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of LensServ Optical Inc. products) shall be in the state or federal courts located in the state of Georgia. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of LensServ Optical Inc. products) must be commenced within one (1) year after the claim or cause of action arises. LensServ Optical Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. LensServ Optical Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you
Use of Website
Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a LensServ Optical Inc. or other licensed employee, host, or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.
RISK OF LOSS
All items purchased from Gothika / LensServ Optical Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. LensServ Optical Inc. does not reimburse for shipping costs associated with any returns. Shipping fees are non-refundable.
LensServ Optical Inc. does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, LensServ Optical Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, LensServ Optical Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to LensServ Optical Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless LensServ Optical Inc., Gothika, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
In an attempt to provide increased value to our visitors, LensServ Optical Inc. may link to websites operated by third parties. However, even if the third party is affiliated with LensServ Optical Inc., LensServ Optical Inc. has no control over these linked websites, all of which have separate privacy and data collection practices, independent of LensServ Optical Inc. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, LensServ Optical Inc. seeks to protect the integrity of its web website and the links placed upon it and therefore requests any feedback on not only its own website, but for websites it links to as well (including if a specific link does not work).
By visiting Gothika , you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gothika , LensServ Optical Inc. or its affiliates.
Any dispute relating in any way to your visit to Gothika or to products you purchase through Gothika shall be submitted to confidential arbitration in Marietta, GA. except that, to the extent you have in any manner violated or threatened to violate Gothika / or the LensServ Optical Inc. intellectual property rights, Gothika and or LensServ Optical Inc. and may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators 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.
1800 Sandy Plains Industrial Parkway NE
Marietta, GA 30066
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