Terms & Conditions

Welcome to the Nikoneyes.com website, a service of Essilor of America, Inc. Please read this Visitor Agreement; by using the Website, you accept its terms.

As a condition of the use of the Website, you warrant to Essilor that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. The Website is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use the Website after we post any such changes, you accept this agreement as modified. If you are dissatisfied with any of the contents of the Website, or any of these terms of use, your sole and exclusive remedy is to discontinue using the Website. Although Essilor makes the Website information freely accessible, Essilor does not intend to give up its rights, or anyone else's rights, to the materials appearing on the Website. The materials availabl e on the Website are the property of Essilor, its affiliates, licensors or other third parties and are protected by copyright, trademark and other intellectual property laws. You may not reproduce any of the Website materials without Essilor's consent except for non-commercial, private use. You may not use any trademark, service mark or other intellectual property appearing on the Website, or frame or incorporate into another Website or other medium any of the content of the Website, without the prior written consent of Essilor. All contents of this Website are: Copyright © 2013 Essilor Of America, Inc., 13515 N. Stemmons Freeway, Dallas, Texas 75234. All rights reserved.

The Website may contain hyperlinks to Websites operated by parties other than Essilor. Such hyperlinks are provided for your reference only. Essilor may not control such Websites and is not responsible for the content of any Websites that it does not control. Essilor's inclusion of such hyperlinks does not imply any endorsement of the material on such Websites or any association with their operators, unless otherwise noted, so your use of any hyperlinked sites is at your own risk. You may hyperlink other Websites to this Website, but you agree to immediately terminate any such hyperlink in the event that Essilor requests that you do so.

You agree that the use of the Website is at your sole risk. Because of the inherent hazards and uncertainties of electronic distribution, we are not responsible for delays, omissions, inaccuracies, viruses or other problems with information on the Website. Essilor seeks to avoid any potential misunderstandings or disputes over unsolicited ideas or artwork, in the event that Essilor's products or marketing might seem similar to any submission. Therefore, Essilor discourages the submission of unsolicited ideas through the Website. Please do not send any ideas, suggestions or artwork through the Website. If, despite this request, you do send ideas, suggestions or artwork through the Website, the following terms will apply to your submission: You agree that all ideas, information, suggestions or artwork submitted ("Submitted Information") to Essilor via the Website shall be the property of Essilor and Essilor will be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in the Submitted Information. In no event will Essilor be subject to any obligations of confidentiality regarding Submitted Information. Essilor may use the Submitted Information for any purpose and in any way, and may even give or sell the Submitted Information to others.

Warranties and Damages

Since this website is provided as a convenience to you, everything on the website is provided to you "as is" and "as available" without warranty of any kind, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. However, the warranties that are expressly provided to Essilor's customers by the terms of goods or services provided by Essilor continue to apply to such goods and services. Under no circumstances shall Essilor or its affiliates, agents or licensors be liable to you or anyone else for any damages arising out of your use of the website, including without limitation, liability for consequential, special, incidental, indirect or similar damages even if we are advised beforehand of the possibility of such damages. Because some states do not allow the exclusion or limitation of damages, the above limitation may not apply to you. In such states, the liability of Essilor and its affiliates, agents and licensors is limited to the fullest extent permitted by such state law.

Trademarks

Nikon and Nikon Eyes are registered trademarks of Nikon Corporation, Japan. Transitions, the swirl and XTRActive are registered trademarks of Transitions Optical, Inc. Other trademarks or service marks included are property of their respective owners. Photochromic performance is influenced by temperature, UV exposure, and lens material.

Miscellaneous

If any provision of this agreement shall be for any reason unenforceable, then that provision will be deemed severed from these terms of use and will not affect the enforceability of the remaining provisions. This agreement has been made in and shall be construed in accordance with the laws of the State of Texas, except for choice of law rules. By using this Website, you consent to the jurisdiction of the state and federal courts in Dallas County, Texas, in all disputes arising out of or relating to this agreement or relating to the use of the Website.

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