Welcome to the Eight to Eighty Eyewear website www.eighttoeighty.com (the “Website”), operated by Eight to Eighty Eyewear (“we,” “us,” or “our”), a company located in New York. These Terms of Use (“Terms”) govern your access to and use of our Website, including any purchases of eyewear frames or related services. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.
1. Eligibility
You must be at least 16 years of age to use our Website. By using the Website, you represent that you are at least 16 years old and have the legal capacity to enter into these Terms. If you are using the Website on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
2. Use of the Website
a. Permitted Use
You may use the Website to browse, purchase eyewear frames, access related services, subject to these Terms. You agree to use the Website only for lawful purposes and in compliance with all applicable laws, including New York state laws.
b. Prohibited Conduct
You agree not to:
- Use the Website in any way that violates federal, state, or local laws, including New York laws.
- Attempt to access or interfere with the Website’s security, systems, or networks.
- Use automated tools (e.g., bots, scrapers) to access or collect data from the Website.
- Reproduce, duplicate, sell, or resell the Website’s content or services without our express written permission.
- Engage in any activity that disrupts or impairs the Website’s functionality, such as transmitting viruses or malicious code.
- Misrepresent your identity or provide false information.
3. Accounts
To make purchases or access certain features, you may need to create an account. You agree to:
- Provide accurate, current, and complete information when creating or updating your account.
- Keep your login credentials confidential and notify us immediately at customerservice@eighttoeightyeyewear.com if you suspect unauthorized access.
- Be responsible for all activities conducted through your account.
We reserve the right to suspend or terminate your account if we suspect fraudulent activity, misuse, or violation of these Terms.
4. Purchases and Payments
a. Product Orders
- All orders placed through the Website are subject to availability and our acceptance.
- We reserve the right to refuse or cancel orders at our discretion, including for suspected fraud, incorrect pricing, or unavailability of products.
- Purchases are in U.S. dollars and exclude taxes and shipping unless otherwise stated. Shipping to your location is added to your invoice, and there are no handling fees.
b. Payment
- You agree to pay all charges for your orders using the payment methods offered on the Website.
- Payments are processed through secure third-party payment processors. We do not store full payment information on our website servers.
- If a payment is declined, we may cancel your order and notify you.
5. Intellectual Property
All content on the Website, including text, images, logos, product designs, and trademarks (e.g., “Eight to Eighty Eyewear”), is owned by or licensed to us and is protected by U.S. and New York intellectual property laws. You may not copy, modify, distribute, or reproduce any content without our prior written consent, except for personal, non-commercial use or as allowed below.
If we have approved your company or business as an Eight to Eighty Eyewear account, you may use the frame images, logos, and brochures we provide on the Website, including those on our Logos, High-Resolution Images, and Build Brochure pages, to advertise and sell Eight to Eighty Eyewear frames in your company, in print, and online. You may resize or crop images, but you may not alter our logos, use our content for other products, or suggest that we endorse anything we have not. This permission is non-exclusive and non-transferable, ends when your account closes or when we withdraw it in writing, and is our written consent for that use.
6. Third-Party Links and Services
The Website may contain links to third-party websites or services (e.g., payment processors, shipping providers). We are not responsible for the content, policies, or practices of these third parties. Your interactions with third-party services are governed by their terms and policies.
7. Disclaimers
- Website Availability: The Website is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of uninterrupted or error-free operation.
- Product Information: We strive to ensure product descriptions, prices, and images are accurate but do not guarantee their accuracy. We may correct errors or update information at any time.
- Prescription Accuracy: We are not responsible for errors in prescriptions provided by you or your eye care professional, nor for any health outcomes resulting from the use of our products.
- New York Law: To the extent permitted by New York law, we disclaim implied warranties, including warranties of merchantability or fitness for a particular purpose.
8. Limitation of Liability
To the fullest extent permitted by New York law:
- Eight to Eighty Eyewear, its affiliates, and their respective officers, directors, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website or products, including loss of data, profits, or goodwill.
- Our total liability for any claim arising from these Terms or your use of the Website shall not exceed the amount you paid for the product or service giving rise to the claim.
9. Indemnification
You agree to indemnify and hold harmless Eight to Eighty Eyewear, its affiliates, and their respective officers, directors, and employees from any claims, damages, or losses arising from your violation of these Terms, misuse of the Website, or submission of inaccurate or fraudulent information.
10. Termination
We may suspend or terminate your access to the Website at our discretion if you violate these Terms or engage in conduct we deem harmful to our business or other users. You may stop using the Website at any time.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Website shall be resolved in the state or federal courts located in New York County, New York, and you consent to the exclusive jurisdiction of such courts.
12. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices or legal requirements. We will notify you of significant changes by posting the updated Terms on our Website with a revised “Last Updated” date. Your continued use of the Website after such changes constitutes your acceptance of the updated Terms.
13. Force Majeure
We are not liable for delays or failures to perform our obligations under these Terms due to events beyond our reasonable control, including natural disasters, pandemics, or supply chain disruptions.
14. Text Messages
If you choose to receive sign-in codes for our customer portal by text message, these terms apply. Our Text Messages page shows how you opt in and the messages we send.
- Program: Eight to Eighty Eyewear sign-in codes. We text a one-time code each time you sign in to the portal or ask for a new code, and one code to confirm your mobile number when you set it up. We do not send marketing or promotional text messages.
- Your agreement: You agree to receive these texts when you tick the box on the portal’s Account security page and confirm your number. Agreeing is not a condition of any purchase.
- Frequency and cost: Message frequency varies with how often you sign in. Message and data rates may apply.
- Stopping: Reply STOP to any text to stop receiving them, or turn texted codes off on the Account security page. Reply START to receive them again.
- Help: Reply HELP, call 877-248-8280, or email customerservice@eighttoeightyeyewear.com.
- Your number: Use a mobile number that is yours or that you are allowed to use, and turn texted codes off or change the number if you give it up. We can text US and Canadian mobile numbers.
- Delivery: Mobile carriers are not liable for delayed or undelivered messages. If a code doesn’t arrive, ask for a new one, or call us.
- Privacy: Our Privacy Policy explains how we handle your mobile number.
15. Contact Us
If you have questions or concerns about these Terms, please contact us at:
Eight to Eighty Eyewear
2474 Charles Court
Bellmore, NY 11710
877-248-8280
customerservice@eighttoeightyeyewear.com
www.eighttoeighty.com
By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms.