ther countries. You may not (a) modify the content located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such content for any public or commercial purpose; or (b) remove, obscure or otherwise deface proprietary notices appearing on any content, including copyright, trademark or other intellectual property notices.
In order to access some features of the Site, you may have to create an account. You may never use another individual’s account without permission. When creating your account, you must provide accurate, current and complete information. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the Site. You are solely responsible for the activity that occurs on your account and you must keep your password secure. You must notify OVVO immediately of any breach of security or unauthorized use of your account. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
You shall retain all of your ownership rights in your name and any photographs and other material and content you post on, submit or upload to the Site (collectively, the “User Material”)2. However, by submitting, posting and/or uploading User Material to the Site, you hereby grant to us a royalty-free, worldwide, perpetual, fully sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner your User Material, and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting, posting or uploading User Material to the Site you represent and warrant that (a) no other party has any rights to the User Material or that you have all rights necessary to grant the rights granted hereunder, (b) the User Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any User Material, (c) your provision of the User Material to and through the Site, complies with all applicable laws, rules and regulations; and (d) you hereby indemnify OVVO for all claims resulting from the User Material you supply. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Material that you may have under any applicable law under any legal theory.
You may not post, upload or transmit any material or content on or through the Site:
- that violates or infringes in any way upon the rights of others;
- that solicits, encourages, or promotes the use of illegal substances or activities;
- which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
- that is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder);
- that expresses or implies that any statements made by you are endorsed by OVVO;
- that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law;
- that contains nudity, obscene gestures, obscene language, advertising for products, services or websites and/or contact information (i.e. phone numbers, addresses, URLs or email addresses).
We may, for your convenience, provide you with links to other websites from the Site (“Linked Sites”). OVVO is not responsible for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. OVVO does not control and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with the use of or reliance on any content, goods or services available on any Linked Site. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIAL AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.
ACCURACY OF INFORMATION:
OVVO takes all possible steps to ensure the accuracy of the information included in this Site. However, OVVO takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice.
COPYRIGHT INFRINGEMENT CLAIMS:
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice. To send a notice, please forward the following information to email@example.com: Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of the allegedly infringing material and of where the allegedly infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
MONITORING & REMOVAL OF CONTENT:
LIMITATION ON LIABILITY:
IN NO EVENT SHALL OVVO OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, omissions OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Site, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) any LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF the site or of ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA our site, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OVVO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT OVVO SHALL NOT BE LIABLE FOR “USER materials” OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The failure on the part of OVVO to enforce any part of these Terms shall not constitute a waiver of any of OVVO’s rights hereunder for past or future actions.
Any dispute over the content or use of this Site shall be governed by the substantive laws of the United States and the State of New Jersey, and the jurisdiction and venue of any such action shall be vested solely in the federal and state courts located in New York, New York.
YOUR PERSONAL INFORMATION COLLECTED BY OVVO OPTICS.
In order to send you e-mail from OVVO Optics (if any), we need your e-mail address. To provide you with additional services, we may also request your name, geographical coordinates, and telephone number. OVVO Optics does not collect any other personal information that you do not expressly provide. OVVO Optics will not sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes without your express permission. OVVO Optics may share your personal information for the purpose of delivering our e-mail to you or as required by law. Though we make every effort to preserve user privacy, OVVO Optics may need to disclose personal information when required by law and when we have a good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process that OVVO Optics receives. We may also collect demographic and other data, which may include Personally Identifiable Information, generally through surveys and forms which you may or may not choose to participate in. If you place an order for goods or services through OVVO Optics you may be required to enter your credit card number and information, as well as your shipping address and/or other contact information.
When you open an account, participate in a survey or contest or place an order, we collect and store some or all of the information that you provide, including: name, billing address, shipping address, email address, telephone number, credit card number and expiration date. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.
We collect and store certain other information automatically whenever you interact with this Web site. For example, we may collect your IP address, browser information, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data every time you visit this Web site. We also collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve this Web site, to gather demographic information about our user base as a whole and to provide our customers with a fulfilling shopping experience.
We engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web site evaluation, data analysis and, where applicable, data cleansing. We provide personal information to these third parties, but we authorize them to use this information only in connection with the services they perform.
We may also request non-personally identifiable information, such as buying preferences, or age, also known as demographic and profile data, though this information is optional. We may use this data to improve our website and/or customize your experience at our site, showing you content that we think you might be interested in, and displaying content according to your preferences. We may also share this information with others, such as advertisers interested in on our site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.
If you choose to sign up for a free OVVO Optics account (either to purchase products or services, or to enter participate in member only areas on the site), you may have a Profile page on the site, containing your username and some basic information related to demographics, your billing and shipping addresses, as well as your credit card data.
In addition to collecting personal and non-personal information, OVVO Optics may also collect non-personal, aggregated information about subscribers’ use of our site. This information is not personally identifiable and will only be used to find out how subscribers use our service and site. For example, this information will tell us how much time users spend on our site, from which other sites subscribers came, and to what other sites subscribers go. The collection of this information allows us to, among other things, prepare for traffic load demands and to efficiently deliver relevant information.
REVIEW AND ACCESS.
Upon your request, you can access a summary of the information we collect about you. You will have an opportunity to correct, update or modify this information.
If we ever send you information by e-mail concerning new products or services that you did not expressly request, we will provide you with an e-mail address by which you may request no future notices.
When you visit our site, we log standard information such as your IP address, which is a number that can be used to identify your location and Internet Service Provider, along with the URL from which you came to our site and the URLs visited on our site. A URL is the full address of a Web site page, which may or may not contain some Personally Identifiable Information about the person who is viewing it.
When we send messages to you or others, we may provide a URL link to the OVVO Optics site that contains an alphanumeric identifier, which allows us to identify the person to whom we sent the message so that we can personalize our content for that individual.
In the event OVVO Optics. goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.
All information described above is stored on restricted database servers.
CHANGES TO THIS POLICY.
OVVO Optics reserves the right to change this policy from time to time. If we do make changes, the revised Privacy Statement will be posted on this site.
If you have any questions about this policy or our site in general, please contact us at info@OVVOOptics.com or at 1.855.393.6886
GDPR Privacy Notice
General Data Protection Regulation (GDPR)
Article 13 of Regulation EU 2016/679
Purpose of this notice
This Privacy Notice provides mandatory information as required under Articles 13 and 14 of the European General Data Protection Regulation (GDPR) regarding the transparency of personal data processing. Definitions of certain terms within this notice are explained in the appendix.
The Data Controller for personal data
The Data Controller for the personal data processed by us is the Client Company of OVVO OPTICS, LLC. (the employer of the natural person whose data is collected, hereafter referred to as the Data Subject). The Data Controller will pass personal data of their employees to OVVO OPTICS, LLC. to manage transaction on behalf of those employees in connection with their business. OVVO OPTICS, LLC., as Data Processor acting on the instructions of the Data Controller under a written contract with them, will subsequently use that personal data to facilitate transactions for the Data Subject. It is this contract which forms the ‘Legal Basis’ for the processing of personal data carried out by OVVO OPTICS, LLC. in these circumstances.
OVVO OPTICS, LLC. will also become a Data Controller if it collects additional personal data directly from a Data Subject. In these circumstances OVVO OPTICS, LLC. will be acting under a ‘Legitimate Interest’ to legally process the data for the management of transaction for the Data Subject and to fulfill the contractual requirements for its Client. OVVO OPTICS, LLC. also acts as a Data Controller for any personal data held regarding its own employees, and legally processes this data under its Contract of Employment with those Data Subjects.
As a Data Subject you have rights under the GDPR. These rights can be seen below. OVVO Optics, LLC. will always fully respect your rights regarding the processing of your personal data, and has provided below the details of the person to contact if you have any concerns or questions regarding how we process your data, or if you wish to exercise any rights you have under the GDPR.
The identity and contact detail for the Data Protection Officer within OVVO OPTICS, LLC. is:
OVVO OPTICS, LLC.
545 Island Road, Ste 1D
Ramsey, NJ 07446
Data Protection Principles
OVVO OPTICS, LLC. has adopted the following principles to govern its collection and processing of Personal Data:
Personal Data shall be processed lawfully, fairly, and in a transparent manner.
The Personal Data collected will only be those specifically required to fulfill transactional requirements. Such data may be collected directly from the Data Subject or provided to OVVO OPTICS, LLC. via his/her employer. Such data will only be processed for that purpose.
Personal Data shall only be retained for as long as it is required to fulfill contractual requirements, or to provide statistics to our Client Company.
Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and/or processed. Personal Data shall be accurate and, where necessary, kept up to date.
The Data Subject has the right to request from OVVO OPTICS, LLC. access to and rectification or erasure of their personal data, to object to or request restriction of processing concerning the data, or to the right to data portability. In each case such a request must be put in writing as in Section 3 above.
The Data Subject has the right to make a complaint directly to a supervisory authority within their own country. Personal Data shall only be processed based on the legal basis explained in section 2 above, except where such interests are overridden by the fundamental rights and freedoms of the Data Subject which will always take precedent. If the Data Subject has provided specific additional Consent to the processing, then such consent may be withdrawn at any time (but may then result in an inability to fulfill transactional requirements).
OVVO OPTICS, LLC. will not use personal data for any monitoring or profiling activity or process, and will not adopt any automated decision making processes.
Transfers to Third Parties
To fulfill the transactional arrangements for a Data Subject it will in most cases be necessary to process personal data via a third party (these will include but are not limited to airlines, hotels, car hire companies, and Visa or Passport companies). Personal Data shall only be transferred to, or processed by, third party companies where such companies are necessary for the fulfillment of the transactional arrangements.
Personal Data shall not be transferred to a country or territory outside the European Economic Area (EEA) unless the transfer is made to a country or territory recognized by the EU as having an adequate level of Data Security, or is made with the consent of the Data Subject, or is made to satisfy the Legitimate Interest of OVVO OPTICS, LLC. in regard to its contractual arrangements with its clients.
All internal group transfers of Personal Data shall be subject to written agreements under the Company’s Intra Group Data Transfer Agreement (IGDTA) for internal Data transfers which are based on Standard Contractual Clauses recognized by the European Data Protection Authority.
Appendix – Definitions of certain terms referred to above:
(Article 4 of the GDPR): ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(Article 4 of the GDPR): means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, erasure or destruction.
Legal Basis for Processing:
(Article 6 of the GDPR): At least one of these must apply whenever personal data is processed:
Consent: the individual has given clear consent for the processing of their personal data for a specific purpose.
Contract: the processing is necessary for compliance with a contract.
Legal obligation: the processing is necessary to comply with the law (not including contractual obligations).
Vital interests: the processing is necessary to protect someone’s life.
Public task: the processing is necessary to perform a task in the public interest, and the task or function has a clear basis in law.
Legitimate interests: the processing is necessary for the legitimate interests of the Data Controller unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
(Article 4 of the GDPR): this means the person or company that determines the purposes and the means of processing personal data.
(Article 4 of the GDPR): means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller.
Data Subject Rights:
(Chapter 3 of the GDPR) each Data Subject has eight rights. These are:
The right to be informed; this means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.
The right of access; this is your right to see what data is held about you by a Data Controller.
The right to rectification; the right to have your data corrected or amended if what is held is incorrect in some way.
The right to erasure; under certain circumstances you can ask for your personal data to be deleted. This is also called ‘the Right to be Forgotten’. This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.
The right to restrict processing; this gives the Data Subject the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
The right to data portability; a Data Subject has the right to ask for any data supplied directly to the Data Controller by him or her, to be provided in a structured, commonly used, and machine-readable format.
The right to object; the Data Subject has the right to object to further processing of their data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.
Rights in relation to automated decision making and profiling; Data Subjects have the right not to be subject to a decision based solely on automated processing.
TERMS OF SERVICE
This website is operated by OVVO OPTICS LLC. Throughout the site, the terms “we”, “us” and “our” refer to OVVO OPTICS LLC. OVVO OPTICS LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall OVVO OPTICS LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless OVVO OPTICS LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 545 Island Road, Ste 1D, Ramsey, NJ 07446, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.