Terms & Conditions

Last Updated: April 7, 2017

Thank you for visiting the Metro Optics Online (“metroopticsonline.com”) web site (the “Site”). Metroopticsonline.com is an ecommerce eyeglass and vision store. The Site is designed to provide a convenient, personal, private and informative shopping experience for consumers to buy products related to their vision. You can access our website 24 hours a day, 7 days a week. The metroopticsonline.com online store offers a larger selection of products than store-based retailers, along with health-related information, buying guides and other tools designed to help consumers make educated purchasing decisions. Metroopticsonline.com and its subsidiaries, affiliates, fulfillment and other partners (“we,” “us,” “our”) want our visitors to the Site (“you”) to have a safe, enjoyable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site whenever we deem appropriate. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of said changes and the reasonable acceptance of these standards for notice of changes.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

PRIVACY

We respect your privacy, and are in the process of establishing a privacy policy deemed suitable for all who visit our site.

ELECTRONIC COMMUNICATIONS

When you visit the Site 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 e-mail or by posting notices on the Site. You consent that all agreements, notices, disclosures and other communications we provide to you electronically do satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that said information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy.

You will receive a password and account designation (entered e-mail address) when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

YOUR CONDUCT

Any conduct by you that (in our sole discretion) restricts or inhibits any other site user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

SITE CONTENT

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

RISK OF LOSS

All items purchased from metroopticsonline.com are made pursuant to a shipment/delivery contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

COLOR/PRODUCT DESCRIPTION

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your display, we cannot guarantee that your display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not guarantee that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your remedies are to return it in unused condition or contact customer service for further resolution at 800.230.EYES x 4444 (Extension TBD)

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparable item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated and/or suggested retail price for each of the items included in the set.

Despite our best efforts, a small amount of the items in our catalog may be mispriced. If an item’s correct price is different than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order. Prices and promotions are subject to change without notice.

LIMITATION OF LIABILITY

Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; or (v) any other matter relating to the service. you hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the site. because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

You agree to indemnify and hold us, and our subsidiaries, affiliates, managers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

OUR RIGHTS

We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.

LINKS TO THIRD PARTY SITES

Occasionally, we may make available a link to a third party’s web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

SUBMISSIONS

We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You may post or submit reviews of products or services, comments, suggestions, or other material (“Submissions”) as long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). While you may omit your name from or use a “nickname” in your Submission, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. Metroopticsonline.com. reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.

By posting or sending us any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant metroopticsonline.com, and its subsidiaries the right to use the name you post in connection with such Submission.

By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assume no liability for any Submission posted by you or any other person or entity.

APPLICABLE LAW

We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of New York, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bronx County, New York, U.S.A.

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

SWEEPSTAKES & CONTESTS

From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the page offering the promotion.

COUPONS & PROMOTIONS

Throughout the year we may offer various promotions, discounts and coupons, both product and/or shipping-cost related.

Customer Service may or may not be able to apply a discount after you have checked out.

If your order also contains one or more ineligible items, you’ll be charged shipping fees for those ineligible items.

Canceling items, combining orders, or changing your shipping address, speed, or preference might affect your order’s eligibility for a promotional offer.

Shipping promotions apply to U.S. delivery addresses in the 48 states only, excluding Alaska and Hawaii.

Some special product, order, or handling fees may still apply.

We reserve the right to change or discontinue a promotion at any time.

MEMBER DISCOUNTS

Sign up for our email newsletters, where we offer special discount coupons and free sample products to registered members. You can sign up during the checkout process or go to the website and fill out the newsletter registration form.

PAYMENT CHOICES

We currently accept Visa, MasterCard, American Express, and Discover Card.

CREDIT CARD PAYMENTS: When paying by credit card you will be asked to specify your payment type and enter your credit card information during the “Check Out” process. You must enter the proper billing name and address for your credit card, plus your CVV code, in order for us to process your order. If you are shipping to an address other than your billing address, you may have to approve that shipping address with your credit card company in order for us to be authorized to ship to a different address than the billing address for your credit card. Non US credit cards will require additional address and security verification information in order for us to process your order.

WAYS TO SHOP

ORDERING ON-LINE: Shopping online at metroopticsonline.com is completely safe and private. We use Secure Socket Layer (SSL) technology to encrypt the information you send us when you place your order. The information is encrypted on your computer, sent over the Internet as encrypted code, and decoded on metroopticsonline.com’s secure server. It cannot be deciphered while in transit.

SHOPPING CART PROCESS: When you have found a product you would like to purchase, click on the “Add to Cart” button. The “Add to Cart” button can be found on any product detailed page. After adding the product to your cart, if you would like to continue shopping, select the “Continue Shopping” button. When you have selected all items, choose the “Check Out” button, to complete your purchase. If you have a coupon code, enter the code in the “Coupon Code” box located in the shopping cart and hit the “Apply” button to ensure that it is applied to the order.

PAYMENT: We have a number of convenient payment choices available.

ORDERING OFFLINE: If you are hesitant about placing your order online, you can always…

ORDER BY PHONE: Call us at 800.230.EYES x 4444. If you know the items you’d like to purchase, please have the item numbers handy.

ORDER BY FAX OR MAIL: For fastest processing of your Fax or Mail order, fill your shopping cart with the items you would like, add your complete and correct billing and shipping information, apply any coupons or offers you may have received, choose your shipping method, and then print out the shopping cart page. Write your credit card number and expiration date on the sheet and fax or mail as shown below. Along with your frame and lenses selection, you must also include a valid copy of your current eyeglasses prescription.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of metroopticsonline.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of metroopticsonline.com and protected by U.S. and international copyright laws. All software used on this site is the property of metroopticsonline.com or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Metroopticsonline.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of metroopticsonline.com in the U.S. and/or other countries. Metroopticsonline.com trademarks and trade dress may not be used in connection with any product or service that is not metroopticsonline.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits metroopticsonline.com. All other trademarks not owned by metroopticsonline.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by metroopticsonline.com.

COPYRIGHT / TRADEMARK COMPLAINTS

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and 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 copy.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

By mail:

25 Westchester Square
Second Floor
Bronx, NY 10461

By phone: 800.230.EYES x 4444

By email: customercare@metroopticsonline.com