AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(4) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
(5) you will not use the Site for any illegal or unauthorized purpose;
(6) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment: credit cards, debit cards, paypal. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Thank you for your purchase. We hope you are happy with your purchase. However, if you are not completely satisfied with your purchase for any reason, you may return it to us for a full refund/store credit /an exchange/a full refund or store credit/for a full refund or an exchange/for store credit or an exchange/for a full refund, store credit, or an exchange.
All returns must be postmarked within thirty (30) days of the purchase date. All returned items must be in new and unused condition, with all original tags and labels attached.
To return an item, please email customer service at firstname.lastname@example.org to obtain a Return Merchandise Authorization (RMA) number. After receiving an RMA number, place the item securely in its original packaging and include your proof of purchase/and the return form provided/and other, and mail your return the following address:
Vision of Tomorrow Eyewear LLC
448 NW 28th Street , Suite B
Miami, Florida , 33127
Please note, you will be responsible for all return shipping charges. We strongly recommend that you use a trackable method to mail your return.
After receiving your return and inspecting the condition of your item, we will process your return/exchange/return or exchange. Please allow at least thirty (30) days from the receipt of your item to process your return/exchange/return or exchange. We will notify you by email when your return has been processed.
The following items cannot be returned or exchanged:
For defective or damaged products, please contact us at the customer service number below to arrange a refund or exchange.
● A 5 % restocking fee will be charged for all returns of the value of the order.
● Sale items are FINAL SALE and cannot be returned.
If you have any questions concerning our return policy, please contact us at:
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to harass, abuse, or harm another person.
14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any Content.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. your Contributions are not false, inaccurate, or misleading.
5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. your Contributions do not violate any applicable law, regulation, or rule.
10. your Contributions do not violate the privacy or publicity rights of any third party.
11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to:
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
VOT is committed to operating with the highest business standards and aims to conduct business in an honest, transparent and fair manner. VOT will assess, review, and update the content of the Code on a regular basis. VOT actively promotes ethical, social, environmental, and human rights best practices within its own business and amongst its supply chain. VOT expects its Suppliers to commit in all of their activities, to operate in full compliance with the laws, rules, and regulations to which suppliers are subjected. Beyond mere regulatory compliance, this Code goes further, drawing upon internationally recognized standards in order to advance social and environmental responsibility.
2 – Doing business with VOT
VOT and its Suppliers shall comply with the Ten Principles of the UN Global Compact (UNGC, www.unglobalcompact.org), the Universal Declaration of Human Rights, and the OECD Guidelines for Multinational Enterprises (OECD, www.oecd.org) as well as shall adhere to all applicable laws, rules and regulation. VOT and its suppliers shall further adhere to laws relating to human trafficking (see paragraph 5 below).
3 – Compliance and Ethics
VOT as well as its suppliers shall conduct business transactions in the highest ethical manner, and to refuse any unethical commercial practices. VOT does not allow payment of bribes or the facilitation of corrupt behavior. No exceptions. Unfair business practices such as kickbacks, facilitation payments, and use of third parties to channel bribes are also strictly prohibited. VOT expects the same standards from our suppliers. Any potential conflict between private and professional interests must be avoided, and all suppliers shall notify VOT personnel of any perceived or real conflict of interest with VOT. VOT will refuse all gifts and hospitality that are not reasonable, transparent, appropriate, and consistent with VOT’s business practice. VOT and its suppliers shall comply with all applicable legal requirements related to their activities and business environment. In particular, the suppliers shall comply with the following: a) Competition: all applicable laws and regulations related to fair competition; b) Corruption: all applicable laws and regulations related to anti-corruption, anti-bribery and anti-extortion and effective anti-bribery and corruption policy in place which prohibits all forms of bribes and corrupt behavior; c) Money laundering: all applicable laws related to anti-money laundering; d) Trade Sanctions: all applicable laws relating to trade and economic sanctions and embargoes and engage business partners with demonstrated commitment to transparent business practices; e) Conflicts of interest: avoidance, identification and disclosure of situations where there is an actual or potential conflict of interest; f) Respect Human Rights: provisions as set forth in paragraph 5 below. When in doubt regarding any points mentioned above, please contact: email@example.com VOT as well as its suppliers shall ensure that there is no deliberate intention to mislead government agencies, tax authorities, regulatory authorities or other parties.
4 – Products and Services
Whenever possible, VOT as well as its suppliers shall integrate environmental, health and safety, and human rights criteria into their products and services as they develop them, whilst maintaining and/or improving their quality of usage. In order to reduce any potential negative impacts arising from the use of their products or services during their total life cycle, VOT and its suppliers shall strive to develop and deploy environment-friendly processes and/or technologies that take into account the full life cycle of their products/services (raw materials, manufacturing, packaging, transportation, energy consumption, use of product/service, and end of life disposal).
5 – Respecting Human Rights Working conditions:
VOT and its suppliers shall: a) comply with all universally proclaimed human rights and adhere to them as required; b) conduct their business based on the International Labor Organization (ILO) “Fundamental” labor standards. VOT and its. suppliers shall comply with the regulations relating to illegal work, forced labor, freedom of trade union association, right to collective bargaining, and to comply with applicable laws and regulations related to maximum working hours, minimum days of rest and minimum level of wage. c) VOT and its suppliers shall treat all employees with respect and shall not engage in or tolerate unacceptable behaviors such as bullying/mobbing or other forms of harassment; d) VOT and supplier shall guarantee the safety of persons, and the security of facilities on all its sites, and strive to continuously improve employees’ working conditions; e) VOT and its suppliers shall ensure that it is in compliance with all applicable laws and regulations related to anti-human trafficking and to anti-slavery; f) VOT and its suppliers shall ensure to be compliant with all applicable laws and regulations related to the prevention of child labor and commercial sexual exploitation of children, including child prostitution and child pornography; g) VOT and its suppliers shall promote equal opportunity for everyone in employment in accordance with applicable laws; h) VOT and its suppliers shall ensure that employees should be free from discrimination on the grounds of sex, sexual orientation, marital status, creed, color, race, caste, religion, affiliation with a political organization or union organization, age, ethnic origin, nationality, national origin, veteran status, minority groups, disability and/or any other characteristic protected by applicable law.
6 – The Environment
VOT and its suppliers shall comply with all local regulations on environmental protection and take the necessary measures to reduce the environmental impact of their activity. VOT and its suppliers shall meet any reporting requirements regarding economic, social and environmental aspects, and show respect for the environment by taking a precautionary approach to environmental challenges. VOT and its suppliers shall adopt a proactive approach by undertaking initiatives to promote greater environmental responsibility and awareness. VOT and its suppliers shall ensure that waste is reduced (the aim being to preserve natural resources) and toxic substances avoided. If unavoidable then their safe handling and disposal must be carefully managed. All hazardous substances and waste must be used and disposed of legally in accordance with applicable laws. VOT and its suppliers shall ensure that energy and water saving measures should be deployed, alongside recycling solutions and recycled packaging wherever possible.
7 – Occupational Health and Safety
VOT and its suppliers shall ensure that their activities are safe for the health of their employees, their own contractors, VOT employees, the local community and, in general, the users of their products and services. All applicable laws and regulations must be complied with. VOT and its suppliers shall adopt a proactive attitude to health and safety issues. Risks linked to their activity shall be identified and evaluated, and they are responsible for taking appropriate measures to limit and, where practicable, avoid such risks.
8 – Non-Compliance, Auditing, and Reporting Issues
To ensure compliance with this Code, VOT reserves the right to monitor fair and safe labor conditions, sound environmental practices and ethical business practices. If VOT determines that a particular supplier or facility does not comply with VOT Code, VOT will strive to work with the supplier to develop and implement an appropriate corrective action plan. Material breach of this Code by the supplier shall be deemed by VOT to be a material breach entitling VOT to exercise its rights under the main contractual documents. For this purpose, this Code is considered an addendum to the main contractual documents. Suppliers’ employees or contractors may report suspected violations of this Code to firstname.lastname@example.org All reports are treated as confidential and may remain anonymous where permitted by law. Undertaking The implementation and continuous improvement of the principles contemplated in this Code is a primary part of VOT’s responsible business strategy. By remitting an offer to VOT and/or entering into a contractual relationship with VOT, the supplier undertakes to: (i) agree and shall comply with the principles of this Code, and to ensure that their sub-contractors, employees and agents so agree (ii) collaborate with VOT to implement, when required, an action plan to improve their performance in the fields contemplated by these principles. In the event that this document is translated into any other language and translation is being executed, then it is agreed by the parties that the English language version shall prevail. By signing this Code below or by signing an agreement which includes a link to the online version of the Code, or by signing an agreement reproducing the Code in an exhibit or schedule, the supplier representative named therein confirms on behalf of the supplier that the supplier has authority to enter into this Code on behalf of itself and its affiliates and their commitment to adhere to all of its terms. VOT may update this Code from time to time by posting the latest version at: https://www.vot-eyewear.com