Terms and Conditions
Hello and welcome to www.riorayoptics.com (“riorayoptics.com”) website. The following Terms of Service dictate your use of this website. This service is provided to you by Rio Ray Optics, Inc. (“Company,” “we,” “us” and “our”) If you shop at riorayoptics.com, you accept these conditions in their entirety, so please take time to read them carefully.
Modifications of Terms We may modify these terms at any time. Any changes will be posted 30 days before the effective date. Please discontinue the use of this site if you disagree with any proposed changes before the new terms are enacted.
Terms of Sale
Placing an Order through the Service
Order Information In order to place an order through the Service, you must provide us with applicable order information. This order information includes (a) your full name and correct and complete address and shipping information, (b) your phone number, (c) payment information (credit card number, expiry and code numbers), (d) your frame selection, (e) your lens type, tints, and coatings, (f) your pupillary distance (PD) and (g) your applicable prescription (Rx) information. IF YOUR PRESCRIPTION HAS EXPIRED OR IS MORE THAN TWO YEARS OLD, WE RECOMMEND THAT YOU CONFIRM IT WITH YOUR DOCTOR OR EYE CARE PROVIDER PRIOR TO SUBMITTING AN ORDER.
You agree that Rio Ray Optics, Inc. shall not be responsible for any delay, failure to deliver, failure in performance or interruption of service, resulting directly or indirectly: (a) from 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) solely from any technical requirement for which you are responsible, or (c) solely from your intentional acts or omissions.
Restrictions on Use of Services
Our Rights We may elect to electronically monitor areas of this website and may disclose any Content, records or electronic communication of any kind (a) to satisfy any law, regulation or government request; (b) if such disclosure is necessary or appropriate to operate the website; or (c) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the website.
We may terminate your access, or suspend your access to all or part of the website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or us.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
INTELLECTUAL PROPERTY RIGHTS
OUR INTELLECTUAL PROPERTY RIGHTS Except for your Contributions and the Contributions of other users of the Service, all of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, including the trademarks Rio Ray Optics and Rio Ray are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademarks, copyright and other proprietary notices contained in and on the Materials.
OUR MANAGEMENT OF THE SERVICE
WARRANTY DISCLAIMER; LIMITATION ON LIABILITY
A. Disclaimer of Warranties
(i)Except for our warranty obligations set forth, to the extent permitted by applicable law, the company hereby disclaims all warranties. The service and all content, materials or items provided through the service are provided “as is” and “as available” 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, we expressly disclaim any and all warranties, express or implied, regarding the site, or our products or services including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
(ii)To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the service’s content, the content of any site linked to the service, contributions, information or any other items or materials on the service or linked to by the service. We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the service, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the service by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the service.
(iii)You agree that Rio Ray shall not be responsible for any delay, failure to deliver, failure in performance or interruption of service, resulting directly or indirectly: (a) From 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) solely from any technical requirement for which you are responsible, or (c) solely from your intentional acts or omissions.
(c) Exceptions to disclaimers and liability limitations. Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the limitations or exclusions may not apply to you.