ZENNI TERMS OF USE – WARRANTIES – RETURN POLICY

1. BY CLICKING "I have read and agree to these terms and conditions", OR BY USING THIS WEB SITE, YOU ARE AGREEING TO THIS BINDING AGREEMENT.

2. You Are Agreeing to arbitrate all Disputes through The American Arbitration Association in San Francisco California.

3. BINDING AGREEMENT. This is a binding agreement. By using this Internet site located at www.zennioptical.com (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 ZENNI OPTICAL, LLC., ("Zenni Optical") 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 SAN FRANCISCO CALIFORNIA, AND YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

4. ZENNI OPTICAL IS NOT RESPONSIBLE FOR THE FOLLOWING. You agree that Zenni Optical shall not be deemed to be in default of or to have breached 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. In addition, Zenni Optical shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of service, resulting directly or indirectly from: (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 Zenni Optical to provide Service hereunder, or (e), any prescription provided 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.

5. PRIVACY POLICY. Zenni Optical respects your privacy and permits you to control the treatment of your personal information. A complete statement of Zenni Optical's current privacy policy can be found at http://www.zennioptical.com/privacy. Zenni Optical's privacy policy is expressly incorporated into this Agreement by this reference.

6. USE OF ORDER FORMS, UPLOADS, CONTESTS. Zenni Optical uses order forms available to you from the Site. These forms and use of the website are deemed to be licensed to you by Zenni Optical, for your personal use only and for the limited purpose of placing an order with Zenni Optical for eyeglasses. All photos, text, addresses, descriptions, calculations, and your prescription information are kept for you when you enter My Account. You may not copy or use the 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 order glasses or use the Chats. All photographs you may upload to Social Media, for use on any Zenni Optical Social Media such as but not limited to, Facebook and Twitter, are subject to use by Zenni Optical on this web site or on or in Zenni Optical advertisements, banners or blogs.

   1. CONTESTS: All entries submitted for participation in any contest whether or not sponsored by a co-sponsor, shall become the property of Zenni Optical, Inc. to be disposed of how we see fit. No Entry or submission will be saved or be returned to any entrant. Contest Rules provide the rules and they supersede anything herein to the contrary.

7. ORDER PROCESS. When an order is made Zenni Optical starts production on your glasses within 24 Hours, and often sooner. Your lenses are created, custom ground, and polished using the finest European machines, clean rooms and careful personal attention to each and every pair in our own factories. If you experience any difficulty please contact us.

   1. CANCELLATION: Orders may only be cancelled within the first 24 hours of placing the order. For orders cancelled within this time period, a full refund of the purchase price will be issued. Orders cancelled after this time will receive a refund of 50% of the purchase price. Most domestic orders are shipped from California and international orders from Hong Kong. Orders are usually shipped from these locations within 10 to 14 days from date of the order, depending on prescription type. Your order is placed for processing by a factory in China or other locations. As with all medical devices your order is also subject to government inspection. Therefore timing of delivery, receipt of the order by you and other timing expectations might be delayed or impaired and orders can take longer than expected.

   2. THE CUSTOMER IS RESPONSIBLE FOR CORRECTLY ENTERING DATA, CHOICES: (1) Customer personal information (name, correct and complete address and shipping information), (2) Payment information (credit card number, expiry and code numbers), (3) Selection of a proper size frame (S-M-L and/or by measurement in millimeters (mm), (4) proper color(s) and shading selections (such as, photochromic, clip-on etc.), (5) Pupillary Distance (PD) and (6) Accurate Prescription (Rx) information. This information is saved in the Customer’s personal password-protected account for future use.

8. We urge you to KEEP YOUR CURRENT glasses as a backup pair.

9. OUR GUARANTEES. We Guarantee to make a correct pair of prescription glasses according to the prescription values as ordered and entered by the Customer. It is STRONGLY SUGGESTED that You, our Customer, SEND US YOUR PRESCRIPTION “RX”. If you do send it to us, you must include your Order Number(s) with any return, or we will not be able to match it with your entered prescription. It is Customer’s responsibility to be sure you have the correct prescription for the products ordered. Keep your prescription as it may become necessary to send it to ZENNI to help with an order.

10. OUR RETURN / REFUND POLICIES. The customer may return an order for any reason ONLY on the following terms:

    1. Customer must return the glasses to Zenni Optical within 30 days of having received it for a 50% refund, credited back to Customer’s credit card.

    2. Customer must obtain a valid Return Merchandise Authorization ("RMA") number from Zenni Optical for all returns. Orders returned without an RMA will be immediately returned to the customer. RMA's will be issued at Zenni Optical’s sole discretion, in accordance with these terms and conditions. Customer must provide their order number and all other information as required by Zenni Optical for all returns. Customer is responsible for ensuring that the RMA is clearly visible on the address label of the product packaging when it is returned to Zenni Optical, Inc.,. , at: 448 Ignacio Blvd, #332 Novato, CA 94949.

    3. The Customer must return the products at their own expense. It must be returned in the same hard case originally sent in, and must be in "as New" condition, unscratched and unbroken, lenses in their original frames. Glasses or accessories received by customer in a broken or dismantled state must still be returned in the case in which they were received.

    4. You must include the RMA Number clearly written next to the name on your (Customer's) name and address, as well as a note inside with the Order Number and a brief, clear note regarding the reason for return.

    5. Zenni Optical is not responsible for lost, missing or goods damaged en-route by the shipping companies.

    6. If you do all of the 1-4 above then: CLICK HERE TO SEE ZENNI’S RETURN POLICY http://www.zennioptical.com/customer-service#answer3

    7. FREE MANUFACTURING ERROR REPLACEMENT OF CORRECT RX. In the rare case where we have made an error in the manufacture of a valid prescription beyond the normal standards, we will remake the glasses promptly and correctly at no charge to the customer, with any claim for replacement of lenses due to our error in your correctly entered prescription. This guarantee does not include errors and delays due to customer error in ordering including, but not limited to, entering the wrong prescription information, numbers, or personal information for the order, or acts of governmental agencies. IF YOU ARE RETURNING LENSES BECAUSE OF A WRONG PRESCRIPTION CLAIM, YOU MUST ENCLOSE A COPY OF YOUR ACTUAL PRESCRIPTION, OR NO REPLACEMENT OR REFUND OF THE ORDER WILL BE CONSIDERED BY ZENNI OPTICAL.

    8. RETURNS: All returns require a return authorization (RA) number, and the glasses must be returned in the case in which they were originally shipped, as well as with the correct order number for the glasses being returned. Please record the RA number on the yellow order number label on the plastic bag in which the glasses are originally shipped. You may call the office for the number that applies to your order. Glasses sent back to the office without an issued RA will incur a $4.95 s/h charge for return to the customer.

    9. In addition, if the glasses are returned with the incorrect order number, then any subsequent production error is not the responsibility of Zenni Optical, and there will be no further corrective action taken at Zenni Optical's expense.

    10. It is the responsibility of the customer to properly document returns.

    11. WILL REFUND UP TO FIFTY PERCENT (50%) OF THE PURCHASE PRICE FOR GLASSES FOR ANY REASON If the glasses are being returned because they do not appeal to the customer, for any reason, and if the glasses arrive within a thirty day period. Glasses returned after the expiration of the 30-day unconditional 50%- warranty period will not be refunded in any amount. We do not offer a full refund since these are custom-made eyeglasses, made to your prescription and other specifications, and it is not possible to “recycle” them.

11. USER CONTENT PROVIDED TO ZENNI. You warrant and represent that you own the rights to your User Content, and all uploaded photographs, and are otherwise authorized to post, distribute, display, transmit, and your Content, personal information, and that it is accurate. By uploading your photographs for Zenni Frame Fit ™ you agree that those copies may be legally displayed by the ZENNI web site.

12. 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.

13. ALLEGED VIOLATIONS. Zenni Optical reserves the right to terminate your use of the Service and/or the Site. To ensure that Zenni Optical provides a high quality experience for you and for other users of the Site and the Service, you agree that Zenni Optical 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. Zenni Optical does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Zenni Optical 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 Zenni Optical believes that you have violated any of the Terms of Use, furnished Zenni Optical with false or misleading information, or interfered with use of the Site or the Service by others.

14. NO WARRANTIES. EXCEPT FOR THE EXPRESS ZENNI OPTICAL GUARANTEES STATED ABOVE, ZENNI OPTICAL HEREBY DISCLAIMS ALL WARRANTIES. ZENNI OPTICAL 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, ZENNI OPTICAL 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. ZENNI OPTICAL'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZENNI OPTICAL 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 ZENNI OPTICAL. 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.

15. 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.

16. COMMERCIAL ACCOUNTS. Commercial (discounted) accounts are available by contacting Zenni Optical and signing a separate Agreement. All such accounts must have a valid Optician License for the State, Province, Canton, county and Country the Commercial User is located in. No Commercial Account may be used for any on-line or internet uses whatsoever, without a special written license agreement from ZENNI, and must be used for a physical location or store only.

17. INDEMNITY. You agree to indemnify Zenni Optical for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Zenni Optical, 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. Zenni Optical will notify you promptly of any claim, loss, liability, or demand.

18. COPYRIGHT. All contents of Site are: Copyright © 2010-2012 Taojing, International, All rights reserved. The trademark ZENNI® and ZENNI OPTICAL® AND the Eye-shaped stripped logo ® are the exclusive property of Taojing International, Limited.

19. 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 California, without reference to their rules regarding conflicts of law.

20. ARBITRATION. You hereby irrevocably consent to arbitrate all disputes that arise from your use of this Web Site or Service. In the event a court is needed for Zenni to obtain an injunction against a User, the exclusive jurisdiction of the state or federal courts in San Francisco, California.

21. 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.

22. U.S.A. BASED SITE. The Site is controlled and operated by Zenni Optical from its offices in the States of Oregon, California and other U.S.A. locations. Zenni Optical 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 other locations. Your use of or access to the Site should not be construed as Zenni Optical's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.

23. 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.

24. MODIFICATIONS. Zenni Optical 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.

25. ARBITRATION: I, as a customer of ZENNI OPTICAL and Zenni Optical, LLC, hereby submit to arbitration administered by The American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, in San Francisco California, 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. We further agree that the above controversy may be submitted to 1 Arbitrator selected from the panels of arbitrators of The AAA. We further agree that we will faithfully observe this agreement and the Rules and that we 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. We agree that the award may be reviewable by the courts of San Francisco, California jurisdiction if the arbitrator, in the opinion of any party hereto, has failed to observe the rules and laws of the State of California and perform any reward rendered by the arbitrator(s) and that a judgment of the court having jurisdiction may be entered upon the award. We agree that award may be reviewable by the courts of San Francisco, California if the arbitrator, in the opinion of any party hereto, has failed to observe rules and laws of the State of California. 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 San Francisco, California, to do so.

26. 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.

27. OTHER TERMS:

28. From time to time and at its sole discretion, Zenni Optical will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

29. When 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 will 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 Zenni Optical immediately on any unauthorized use of your account, user name, or password. Zenni Optical 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 Zenni Optical, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.