Terms of Service for SmartOD.com
Welcome to SmartOD.com. This website is owned and operated by Kovalis Eyewear, Inc. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').
This agreement is in effect as of Nov 05, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement and (b) applicable laws, regulations, and generally accepted online practices or guidelines.
Wherein, you understand that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up-to-date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any www.SmartOD.com employees or representatives.
- We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.SmartOD.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
- You agree to indemnify and hold harmless www.SmartOD.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available." This means that we do not represent or warrant to you that:
- The use of our Resources will meet your needs or requirements;
- The use of our Resources will be uninterrupted, timely, secure, or free from errors;
- The information obtained by using our Resources will be accurate or reliable; and
- Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral, or written, obtained by you from www.SmartOD.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. SmartOD.com will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using our Resources or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on SmartOD.com, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of SmartOD.com and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited, unless specifically authorized by SmartOD.com.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by SmartOD.com from our offices located in the state of Colorado, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Colorado, USA, by accessing our website, you agree that the statutes and laws of Colorado, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Colorado, USA. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Warranty - Frames
All SmartOD.com frames carry a full manufacturer's warranty for a period of 2 years. If a frame is broken or returned by your customer, simply let us know. We will exchange the defective frame with the exact model and color, if it is still available. If the particular frame is no longer available, we will provide a similar style in consultation with you and your customer.
Warranty / Policies - Lab Services
We do not assume responsibility for patient owned frames or lenses. New frames may be defective and break during lens fabrication. If a frame breaks at a solder point, barrel or any stress point, we are not responsible and the frame should be returned to the manufacturer for credit. 100% credit for Dr.'s Redo with lenses and invoice returned in 60 days. Dr's Redo are limited to using the same materials with a change in the RX. Digital Free-form non-adapts will be replaced with either a bifocal or two single vision lenses at no additional charge if returned within 60 days. Only one redo per job is allowed. Optician errors will be remade and billed at 50% of the normal price if returned within 60 days. All coatings are covered for 1 year due to normal use. Polycarbonate drill mounts are covered for 90 days against cracking and breaking.
Refund and Return
Your satisfaction is our first priority. If your item is faulty upon receipt or is not as described, we will gladly exchange the item or refund your credit card. Additionally, you may exchange up to 10% of your purchases for any reason. This policy allows us to offer the lowest price possible to our customers while allowing you to transition from items that are not selling.
For our return procedure, please email us at info@SmartOD.com to receive a Return Authorization. You will be responsible for return shipping costs unless we shipped a product that was incorrect or faulty on arrival. The onus is on the purchaser to ensure the goods are returned to us safely.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
4665 Paris St. Ste. A-110
Denver, Colorado 80239