2013 RESPECTACLE, INC. TERMS OF USE & WARRANTIES

BY CLICKING, "I have read and agree to these terms of use", BY CREATING ACCOUNT, BY OR USING THIS WEB SITE, YOU ARE AGREEING TO THIS BINDING LEGAL AGREEMENT. You are agreeing to arbitrate all disputes through the Bureau of Mediation Services in the State of Minnesota.

1. BINDING AGREEMENT. This is a binding agreement. By using this Internet site located at www.ReSpectacle.org (the "Site"), ordering glasses, or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms and Conditions, as they may be amended by RESPECTACLE, INC. ("ReSpectacle") from time to time in its sole discretion. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and stop all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE, INCLUDING ORDERING GLASSES FROM IT, YOU AGREE TO SETTLE ALL DISPUTES BY ARBITRATION IN SAINT PAUL, MINNESOTA, AND YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. RESPECTACLE IS NOT RESPONSIBLE FOR THE FOLLOWING. You agree that ReSpectacle shall not be responsible for violating any provision of this Agreement and shall be held harmless as a result of any delay, failure to deliver, failure in performance or interruption of service, resulting directly or indirectly from: (a) acts of God, acts of any governmental agency, natural disasters, acts of war, insurrection or terrorism, strikes or lockouts, unauthorized network or computer intrusion, or Internet- or computer-related viruses, hacker attacks or other agents introduced by a third party, failure of the Internet and other conditions beyond our control, (b) any technical requirement for which Customer is responsible, (c) any intentional acts or omission of Customer, (d) any failure of any third-party service necessary for ReSpectacle to provide Service hereunder, or (e), any prescriber by any medical provider, MD or OD, or by any device, with or without a medical provider, that the User or Customer may rely upon to place an order for prescription eyeglasses on this Web Site, or (f) Invalid Coupon Codes that are posted by websites other than this one. Additionally, by accepting this agreement, users assume all the risks and responsibilities of wearing eyeglasses, including the risk of personal injury to oneself and others. ReSpectacle is purely a resource for the redistribution of used eyeglasses and does not provide any medical advice or services outside of this scope.

3. PRIVACY POLICY. To place an order from this Web site, certain information, in addition to your personal prescription, may be required, including a Login or Password. During registration, and if you want to place an order, you may be required to give contact information (such as name and email address), credit information for charges and related data. ReSpectacle respects your privacy and permits you to control the treatment of your personal information. When and if you are required to open an Account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify ReSpectacle immediately on any unauthorized use of your account, user name, or password. ReSpectacle shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by ReSpectacle, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

4. USE OF ORDER FORMS, UPLOADS, CONTESTS. ReSpectacle uses order forms available to you on the Site. These forms and use of the Web Site are agreed to be licensed by you to ReSpectacle, for your personal use only and for the limited purpose of placing an order with ReSpectacle for eyeglasses. All photos, text, addresses, descriptions, calculations, and your prescription information are kept for you when you enter the information and remain on the Web Site and can be removed by you through your account. You may not copy or use any other photographs, text, logo(s), trademarks, illustrations, programs, systems or other features of the Web Site in any manner for any purpose other than to use this Web Site. All photographs, text and Chat discussions you may upload for use on this Web Site and in social media such as but not limited to, Blogs, Facebook and Twitter, are licensed to and subject to use by ReSpectacle on this Web Site or on or in ReSpectacle advertisements, banners or blogs. By providing or uploading your photographs to ReSpectacle you agree that those copies may be legally displayed by the ReSpectacle Web Site.

5. ORDER PROCESS. When an order is made, ReSpectacle will process the order for glasses and ship them within thirty (30) days of when the order was placed; typically, glasses will be shipped within seven (7) days of receipt of the order. If you do not receive your glasses or experience any difficulty with the glasses, including damage or an incorrect prescription, please contact us. ReSpectacle will not be held responsible either for lost or delayed orders, or for lost, damaged, or stolen glasses.

6. THE CUSTOMER IS RESPONSIBLE FOR CORRECTLY ENTERING DATA, CHOICES: (1) Customer personal information (name, correct and complete address and shipping information), (2) Selection of a proper size frame (S-M-L and/or by measurement in millimeters (mm), (3) proper color(s) and shading selections (such as, photochromic, clip-on etc.), (4) Pupillary Distance (PD) and (5) Accurate Prescription (Rx) information.

7. OUR GUARANTEES. We Guarantee to provide a pair of prescription glasses according to the prescription values entered by the Customer. It is Customer’s responsibility to be sure you have the correct prescription for the glasses ordered. Keep your prescription as it may become necessary to send it to ReSpectacle. Additionally, any one individual is limited to three (3) pairs of eyeglasses annually, unless this individual is an eye care professional or other person acting on behalf of other individuals who will actually and directly be using the glasses. ReSpectacle reserves right to deny any subsequent requests to any one individual who orders more than three pairs of eyeglasses annually. Exceptions to this policy can be waived only with the approval of ReSpectacle.

8. OUR RETURN / REFUND POLICIES. Because ReSpectacle is a non-profit organization that provides high quality prescription eyeglasses to those in need free of charge, we do not offer a return policy. All deliveries are final, unless the Customer decides to send the glasses back to us, at his or her own expense. In such cases, ReSpectacle reserves the right to redistribute that pair of glasses to another Customer in need according to the aforementioned policies. In the rare case where we have made an error in the processing of the glasses (e.g., incorrectly determined lens prescription, or shipped to the wrong address), please notify us of the error. In such a situation, you can return the glasses to us for correction, at your own expense. If you desire another pair of glasses, you must reenter your information and order a different pair of glasses. ReSpectacle is not liable for such errors, and ReSpectacle does not guarantee that glasses will be timely shipment, or that no errors have been made in processing the glasses, including determining prescription strength.

9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. This means that you may not post any other person's information, data, names, trademarks or other data not your own to this site or its forms, and that you may not use or extract any data, text, photographs not yours, sounds, or other elements of this Site for any purposes.

10. ALLEGED VIOLATIONS. ReSpectacle reserves the right to terminate your use of the Service and/or the Site in its sole discretion. To ensure that ReSpectacle provides a high quality experience for you and for other users of the Site and the Service, you agree that ReSpectacle or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. ReSpectacle does not intend to disclose the existence or occurrence of such an investigation unless required by law, but ReSpectacle reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if ReSpectacle believes that you have violated any of the Terms of Use, furnished ReSpectacle with false or misleading information, or interfered with use of the Site or the Service by others. Respectacle is designed to provide free eyeglasses to those in need. Anyone caught selling or redistributing eyeglasses provided by Respectacle, for profit or other compensation, without the consent of ReSpectacle, will be reported to police subject to local law enforcement policies. 

11. NO WARRANTIES NOT MENTIONED. RESPECTACLE HEREBY DISCLAIMS ALL WARRANTIES. RESPECTACLE IS MAKING THE WEB SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, PRODUCTS WE SELL OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESPECTACLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. RESPECTACLE'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RESPECTACLE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY RESPECTACLE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

12. PROHIBITED USES. The site is for input of your personal and prescription information only. You are prohibited from violating or attempting to violate any security features of the Site or Service.

13. INDEMNITY. You agree to indemnify ReSpectacle for certain of your acts and omissions that violate this Agreement or the law. You agree to indemnify, defend, and hold harmless ReSpectacle, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, any false, disparaging or defamatory statements, as well as any other user of your account. ReSpectacle will notify you promptly of any claim, loss, liability, or demand.

14. TRADEMARK. The trademark RESPECTACLE® are the exclusive property of ReSpectacle, Inc.

15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Minnesota, without reference to their rules regarding conflicts of law.

16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

17. U.S.A. BASED SITE. The Site is controlled and operated by ReSpectacle from its offices in the States of Minnesota, Iowa, and other U.S.A. locations. ReSpectacle makes no representation that any of the materials or the services to which you have been given access is available or appropriate for use in your location. Your use of or access to the Site should not be construed as ReSpectacle's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.

18. ATTORNEY FEES. In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs of suit or other proceeding.

19. MODIFICATIONS. ReSpectacle may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site, Products offered and/or the Service; and (c) discontinue the Site, products offered and/or Service at any time.

20. ARBITRATION: I, as a user of ReSpectacle, Inc., hereby submit any disputes with ReSpectacle and its licensees and assigns to arbitration administered by The American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, in Saint Paul, Minnesota, any claim, controversy, or disagreement regarding the use of this website, orders, processing, fulfillment, products or their use, or any other issues arising out of this Agreement or use of this Web Site and its products and services. I further agree that the above controversy may be submitted to one or more Arbitrators selected from the panels of arbitrators of the AAA. I further agree that I will faithfully observe this agreement and the Rules and that I will abide by ad perform any award rendered by the arbitrator(s) and that judgment of the court having jurisdiction may be entered upon the award. I agree that the award may be reviewable by the courts of Saint Paul, Minnesota, if the arbitrator, in the opinion of any party hereto, has failed to observe the rules and laws of the State of Minnesota and perform any reward rendered by the arbitrator(s) and that a judgment of the court having jurisdiction may be entered upon the award. I agree that award may be reviewable by the courts of Saint Paul, Minnesota, if the arbitrator, in the opinion of any party hereto, has failed to observe rules and laws of the State of Minnesota. Notwithstanding this Agreement to arbitrate, if either party needs to obtain any form of Equitable Relief such as an injunction to protect any of its Intellectual Property or enforce Trade Secrets, such party may file in Court at Saint Paul, Minnesota, to do so.

21. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.