Welcome to egwohio.com (the "Site"). The Site is operated by Eyeglass Wearhouse  (the "Company"). Please read these Terms of Use carefully before using the Site. By using the Site, and in exchange for Company allowing you to use the Site, and other good and valuable consideration, the sufficiency of which you hereby acknowledge, you agree to be bound by these Terms of Use. The Company reserves the right to modify these Terms of Use at any time by posting modified Terms of Use. Your continued use of the Site thereafter will constitute agreement with such modifications. You agree that these Terms of Use supersede all prior oral and written agreements. You agree that you nor any sales person, agent, or representative of the Company has the authority to waive or alter any of these Terms of Use.  Any such purported waiver or alteration will not be binding and shall have no force or effect.

Privacy and Electronic Communications

The Company will not sell your account information, including without limitation your name, address, telephone number, insurance information, and prescription information, ("Account Information") to any party. From time to time, the Company will provide Account Information to third parties in order to fulfill your order or to deliver goods to you. In addition, the Company may send Account Information to you by electronic communications, U.S. mail, or common carrier. You hereby consent to such use and transmission of Account Information. When you visit the Site, send communications to the company by e-mail or via the Site, or ask to receive communications from the Company by e-mail or via the Site, you are communicating with the Company electronically, and, therefore, you consent to receive electronic communications from the Company electronically. You further agree that any such communications, including without limitation all agreements, disclosures, notices, or other communications, that Company provides to you electronically or posts on the Site, will satisfy any legal requirement that such communications be in writing. Although securing Account Information stored electronically is important to the Company, you agree that no computer security is foolproof. You, therefore, expressly agree that the Company may store Account Information electronically and agree to bear the risks of such storage.

Intellectual Property

You may print a copy of any part of the Site for your personal, non-commercial use, but you may not copy any part of the Site for any other purpose, and you may not modify any part of the Site for any reason. Inclusion of any part of the Site in another work, whether in printed, electronic, or other form, or inclusion of any part of the Site in another website by linking, framing, or otherwise, is prohibited. The name and logo, are the intellectual property of the Company, and as such may not be used without the Company's express, written permission. All materials contained on the Site, including text, images, logos and/or other material (collectively the "Content"), and all intellectual property rights thereto are owned by Company. You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the Content, except for your personal, non-commercial use, absent the prior written approval of the Company. These rights are valid and protected in all forms, media, and technologies now existing or hereafter developed.

Account and Access

It is your responsibility to maintain the confidentiality of your account, password, and other information required or used to access your account on the Site, and to restrict access to your computer. You accept responsibility for all activities that occur using your account or password. The Company does not sell products or services to, or for, those under the age of 18. You may not use the Site if you are under 18, regardless of whether you have the permission of a parent or guardian. You may not use the Site to purchase products or services for anyone under the age of 18, regardless of whether you are the parent or guardian for the intended recipient or have the permission of a parent or guardian. The Company, in its sole discretion, reserves the right to refuse service at any time to anyone for any reason; to terminate or delete accounts at any time for any reason; to edit, move, or remove any Content at any time for any reason; and to cancel orders at any time for any reason. If your order is cancelled, you will not be charged. If your account has been terminated, you are prohibited from using the Site.

Terms of Sale

Neither party shall have any obligation until the Company has accepted your order. Sale and delivery of any item on the Site is contingent upon its availability. You may not resell any items you purchase via the Site. You agree to pay the specified price upon placing an order. After 30 days from the date of purchase, any unpaid amounts shall accrue interest at the rate of the lesser of 2% per month or the maximum amount permitted by law. In addition, the Company shall have the right to pursue any remedies available to it, including without limitation collection of attorneys' fees and other related costs. Because credit-card payments are subject to authorization by the credit-card issuer, if authorization is declined, for any reason, the Company will not be held liable for non-delivery of any ordered goods.

Price and Tax

Final prices exclude applicable sales tax.  To the extent sales tax applies to your purchase, you are responsible for payment of such sales tax. Any and all sales made to residents of Ohio will include the applicable sales tax for the County in which you reside. 

Prescriptions

Before or at the time of sale, you must provide the Company with your prescription. This prescription must be provided to you by a licensed optometrist or ophthalmologist, after an eye-sight test, within the past two years. The prescription you provide to the Company will be the prescription used to create the lenses. The Company will not be liable for the results of any incorrect prescription you provide. If you are unsure of your prescription, or have questions about your prescription, consult a licensed optometrist or ophthalmologist. Although unlikely, it is possible that the Company may provide to you lenses that do not conform to your prescription. In that event, your sole remedy will be to return the lenses for refund or replacement, at the Company's sole discretion.

Unless you specify a pupillary distance ("PD"), the Company will use an average PD to create your lenses. This PD has been provided to the Company by a qualified eye-care professional. You agree to allow the Company to use an average PD of 63 millimeters for bifocal and single-vision-distance lenses, or a PD of 60 millimeters for single-vision reading lessons. However, the Company strongly recommends that you obtain a PD from your optician, ophthalmologist, or optometrist and provide the Company with that number. 

Delivery and Risk of Loss

All items purchased from the Company are purchased pursuant to a shipment contract.  Therefore, the risk of loss and title for your items pass to you upon our deliver of the items to the carrier.  The Company shall not be responsible for any delay resulting from acts of God, fire, flood, war, riot, embargo, organized labor stoppage, earthquake, acts of civil and military authorities, delays.  If, for any reason, without written authorization from the Company, you do not accept delivery of any goods, the Company may charge you an additional fee to cover reasonable additional costs, including without limitation insurance, delivery, storage, or other charges, incurred as a result of such non-acceptance.

Inspection of Goods

Upon delivery, you must immediately inspect the goods delivered. If the goods are damaged or missing, you must refrain from using the goods and contact the Company immediately for return or replacement, at the Company's sole discretion. Each delivery will contain confirmation of the prescription. At the time of delivery, you must confirm that the prescription contained in the delivery matches the prescription you provided to the Company at the time of sale. If the prescriptions do not match, you must refrain from using the goods and contact the Company immediately for return or replacement, at the Company's sole discretion.

Product Descriptions

Although the Company has attempted to ensure all information, including without limitation product descriptions, depictions, images, and likenesses, on the Site are as accurate possible, this information is for illustration purposes only, and the Company does not warrant that such information is reliable, accurate, complete, current, or error-free. Your sole remedy, if a product is not as described, is to return it to the Company for refund or replacement, at the Company's sole discretion.

Disclaimer of Liability

The content on the Site is provided "as is." The Company does not represent that the Content or information on the Site, including without limitation any communications sent to you, will be error-free, timely, or free of viruses or other harmful elements, or that defects will be corrected. The Company makes no representations, express or implied, concerning the timeliness, accuracy, or completeness of any of the Content, or any information on any third-party website that may be accessed by a link from the Site.

THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE SITE.

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES.

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM ANY PRODUCT YOU PURCHASE FROM THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Company is not responsible for any action, or failure to act, in reliance upon any Content, or in reliance upon any information on any third-party website that may be accessed by a link from the Site.  Company expressly disclaims any liability for any action, or failure to take action, in reliance on any of the Content. Your sole remedy for any dissatisfaction with any of the Content is to refrain from using the Site. To the extent that limits on liability are prohibited or limited by applicable law, the Company's liability shall be the minimum allowable by that law. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, limitations, and exclusions may not apply to you, and you may have additional rights.

Indemnification

The indemnification in these Terms of Use reflects the allocation of risk between the parties, and this indemnification provision is an essential element of the basis of the bargain between the parties. You agree to indemnify, defend, and hold harmless Company and its employees, contractors, agents, directors, officers, managers, members, representatives, advisors, and subcontractors (each a "Company Indemnified Party") from and against any suits, claims, causes of action, losses, damages, demands, liabilities, costs, and expenses, including reasonable attorneys' fees (collectively, "Claims"), incurred by any Company Indemnified Party and resulting, directly or indirectly, from any of the following: (1) any action by any Company Indemnified Party connected or related to the manufacture, sale, or delivery of any product to you via the Site, or related to any services provided to you via the Site, to the extent such actions were not reckless and unlawful and did not involve willful misconduct and fraud; (2) any breach or alleged breach of any of your obligations under these Terms of Use; (3) any allegation that, if true, would constitute a breach of any of your obligations under these Terms of Use; and (4) any recklessness, negligence, willful misconduct, misrepresentation, fraud, or criminal or otherwise unlawful acts by you.

Links to Other Sites

The Site may include links to other Internet websites that are beyond the control of Company. The Company is not responsible for the content of any such websites. Company makes no representations regarding any such websites, it cannot guarantee the data-privacy practices of such websites, and it does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such websites. You acknowledge and agree that your following any links to other websites, your use of such websites, and your use of any information, material, products, or services offered by such websites, is solely at your own risk.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of the State of Ohio without regard to conflicts of laws principles. Any dispute regarding these Terms of Use, permitted by the Terms of Use to be decided in a court of law, shall be decided exclusively in the state or federal courts located in the State of Ohio. You hereby consent to exclusive jurisdiction and venue in such courts, and you shall not plead an inconvenient forum.

Transfer & Assignment

These Terms of Use are binding upon and shall inure to the benefit of the parties, their successors, and permitted assigns. You may not amend these Terms of Use. You may not assign these Terms of Use. The Company may assign these Terms of Use.

Severability

If any of these Terms of Use are found invalid or unenforceable, the remainder of these Terms of Use shall remain in full force and effect.

Entire Agreement

These Terms of Use constitute the entire agreement between the user and Eyeglass Wearhouse with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.