BOOMERANG LENSES
TERMS OF USE

Effective Date: 03/25/2020

Introduction

These terms of use ("Terms") constitute a legal contract between Boomerang Lenses, LLC (“we,” “us,” or “our”) and visitors to our website (www.boomerang-lenses.com) and/or users of our services (“you” or “your”). Please read these Terms carefully. Your use of the website and/or our services indicates to us that you have read and accept these Terms. If you do not agree to be bound by these Terms, please do not access or use our website or services.

Our website and services may change from time to time that require us to update these Terms. We reserve the right to update or modify the Terms at any time. We will notify you of any updates to the Terms by posting the amended Terms here. Once the Terms have been updated, your continued use of our website and/or services indicates your agreement to the Terms. If you disagree with the Terms, please discontinue your use of our website and/or services. If you have a question about the Terms, you can contact [email protected]

The Terms are in addition to any other terms and conditions that may apply to specific services that you use. Where appropriate, please review those separate terms and conditions. In the event of a conflict between the Terms and the terms and conditions of specific services that you may be using, the terms and conditions of the specific service will govern.

Table of Contents

Eligibility

Our website and services are not intended for use by anyone under the age of 18 without explicit permission from and under the supervision of a parent/guardian who assumes full responsibility for use by the minor. By using our website or services, you represent and warrant that you are over the age of 18.

Our website and services are not intended for, and should not be used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.

Privacy

We are committed to protecting the privacy of those who access and use the website and services. The Privacy Policy is incorporated by reference in these Terms, and by using the website or services, you are consenting to the Privacy Policy.

User and Account Holder Responsibilities

Some areas of our website and some services are accessible only to registered users and account holders. In order to access those areas of our website or services, you will need to register, which includes providing us with your access credentials, such as an email address and password. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers, and symbols.

You are solely responsible for (1) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials, (2) not allowing another person to use your access credentials, and (3) any damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials. We are not liable for any harm related to your disclosure of access credentials, or your decision (in violation of the Terms) to allow another person or entity to access and use our website or services using your access credentials. You must immediately notify us if you become aware of any unauthorized use of your access credentials or any other concerns that you have about the misuse or security of your account by using the contact information listed below.

Your License

Subject to the Terms, we grant you a non-exclusive, non-transferable, limited, and revocable license to access the ourwebsite and services for your personal use only (“Your License”).

Intellectual Property

The website, services, and any content, materials downloaded, and intellectual property pertaining to or contained on our website or services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by us or third parties; all rights, title, and interest therein shall remain our property and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

You are authorized solely to view and retain a copy of pages related to our website or services, as well as relevant documents, images, or other materials on the website or services, for your own personal use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the website or services, or any portion thereof, for any public or commercial use, without our express written consent. Additionally, you agree that you (i) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the website or services (or printed pages produced from the website or services), and (ii) will not make any other modifications to any documents obtained from the website or services other than in connection with completing information required to use the website or services for their intended purposes.

Use of Information and Materials

The information and materials contained on the website and the Terms, policies, and descriptions that appear on the website are subject to change. You accept sole responsibility for your use of our website or services. Your use of our website or services is limited to the intended functions of our website or services. Unauthorized use of the website, services, or systems, including but not limited to unauthorized entry into our systems or misuse of any information posted on the website, is strictly prohibited. You may not use the website or services in a manner that:

  1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
  2. is unlawful, fraudulent, or deceptive;
  3. uses technology or other means to access content or systems of Boomerang Lenses in a manner that is not authorized by Boomerang Lenses;
  4. uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access content or systems of Boomerang Lenses;
  5. attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  6. attempts to gain unauthorized access to Boomerang Lenses’s computer network or user accounts;
  7. encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  8. violates these Terms or any other Boomerang Lenses policies;
  9. attempts to damage, disable, overburden, or impair Boomerang Lenses’s servers or networks; or
  10. fails to comply with applicable third-party terms.

Prescription

You hereby represent and warrant that any prescription and/or prescription information you submit in conjunction with an order using our website or services is valid on the date you place your order. By placing an order with us, you are certifying that the information you provide is correct, true, and accurately matches the prescription you were issued by an eye care professional authorized to write such prescription. You understand that we will be unable to fulfill an order for prescription lenses if you do not have a valid prescription.

You hereby agree that we and our representatives may contact you or your eye care provider with any questions, concerns, or verification needed with respect to your prescription. It is recommended that you provide a copy of your valid prescription to us within 24 hours of placing an order. Note that contact lens and glasses prescriptions differ — please ensure that the prescription information you provide is specific to the lenses you are purchasing from us.

You can add your prescription to your account by:

  1. Manually typing it into your account.
  2. Providing a photo of your written prescription.

When making an order, you can add your prescription to an order by:

  1. Entering it manually during checkout
  2. Selecting the prescription from your account, where all entered prescriptions are saved

Prescription Expiry: Please note that your prescription must be valid on the date you place your order. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements and keep it active in your account for two years. If your prescription or order information is incomplete, we will contact you to discuss the missing information, which can delay the production of your new lenses.

Please note: if you have previously ordered lenses using our website or services, your prescription will be automatically saved into your user account. You can log into your account at any time, and will have the ability to edit and update your prescriptions whenever you need. Prescriptions will be locked from editing during any ongoing orders.

Pupillary Distance

We will need your Pupillary Distance (“PD”) to create your lenses. If your PD is not included with your prescription, you can use any of the following methods to get it:

  1. Request it from your eye doctor at your next exam, or call their office to ask if they have it on file.
  2. We can assist you in measuring your PD if you contact customer service at [email protected]

When you order prescription eyeglasses, pupillary distance, or PD, is required. If it is provided on your prescription or as part of your prescription information, we will use the PD provided. In the event your eye care provider did not include PD on your prescription, we will use an average PD or attempt to help you measure your PD. You agree that you forfeit all right for any claim against us in such case, however, you will be able to return or exchange the product according to the return policy outlined on the website.

Your Lenses

If your glasses arrive at our lab with lenses in the frame, we will return your lenses to you with your final order.

You may send us a frame that does not have any lenses in it, as long as it is a full-rimmed frame made of metal, plastic, or acetate. Semi-rimless and rimless frames must have the original lenses included in order for us to complete the process.

Depending on the age and quality of your old lenses, they may break during the replacement process. By sending us your frames with existing lenses, you acknowledge the risk that your old lenses may break and agree that we will not return them to you if that happens.

Lab Inspections

When your lenses arrive to our lab, the processing time is an average of 10 days. All lenses go through a pre-inspection before processing, multiple inspections through the lab process, and a final quality inspection before leaving the lab.

Delivery & Shipping

In order to start the process, you must provide us with your name, address, and email. We pay for shipping to your house, back to our lab, and back to your house again.

Shipping delays may occur if there are any imperfections in your lens. During our final quality check, if we discover any scratches, cracks, or impurities in the new lenses, we may remake them. We will notify you of any delays or changes via email to the address provided in your account, as they occur.

The shipping label we send you to begin your order is valid for 90 days from the date you receive it. The shipping label we send you to begin your order is valid for 90 days from the date you receive it.

If you lose the first box we send you and request a new one, there will be a $10 fee to cover additional shipping and materials.

If you forget to send your glasses to us within 90 days of your original order, we'll cancel your order and refund you 100%.

Risk of Loss

We are not responsible for damage or loss resulting from shipping and transit. The risk of loss and title for all packages passes to you when either you or we deliver to shipping carriers (DHS and USPS), or UPS for expedited deliveries.

Payment

We ask you to submit payment when you submit your order, rather than at the end of the process. By entering and submitting your order, you authorize us to charge the full amount of your order to the payment method of your choice.

At this time, we support all major credit cards as methods of payment.

Order Tracking

At any point after placing your order, you’ll be able to track your order by visiting your account on our website. We will update the status of your lenses throughout the process to reflect if they are: in transit, at the lab, processing, preparing for shipment, or on their way back to you.

Changing or Canceling an Order

We cannot guarantee that changes or cancellations will be approved once your glasses have arrived at our lab. If your lenses are already being processed, and you need to make changes to your order, we will make every effort to accommodate your requests. Contact customer service to discuss your options.

You may cancel or change your order before you send your glasses back to the lab. If you cancel, we will refund you 100%. If you change your order, we will send you a confirmation of the changes before proceeding to create your order.

90-Day Lens Warranty

Our 90-Day Lens Warranty promises a full refund or re-make for any order issues. You have 90 days from the day you receive your new lenses to notify us of any mistakes or issues. We will pay for shipping both ways.

Broken Frames

We are not liable for your frames breaking or getting damaged when they are in our possession. All frames are inspected by our lab technicians upon arrival, and will receive a “Pass” or “Fail” status before moving to production. You will be notified if your frames fail inspection, we will return your frames to you and issue a full refund. We Reserve the right to deny an order once received at the lab if the frames you send in are at risk of breaking or getting damaged by the re-lensing process.

Frames That Fail Inspection

If your frames arrive at our lab and cannot be re-lensed, we will mail them back to you and issue a full refund.

If you are unsure if your frame can be re-lensed, email [email protected] to chat with our team about the best options for your case.

Frames that Arrive Damaged or Fragile

If your frame arrives at our lab and is either damaged or fragile (very aged, worn out, or covered in stress fractures), it may break or become further damaged during re-lensing. If we think your frame might be at risk, we’ll reach out to you and discuss your options. You can:

  1. Choose to continue with your order, knowing the risks.
  2. Send us a different pair of frames to re-lens.
  3. Cancel your order for a full refund.

Remember: Boomerang Lenses isn’t liable for any breaking or damaging for at-risk frames, after we have notified you of the risks.

The website may contain links to other websites not operated or controlled by us ("Third-Party Websites"). Our Terms and Privacy Policy do not apply to Third-Party Websites. Please review the terms of use and privacy policy for any Third-Party Website that you may visit through a link on our website. Such Third-Party Websites may have terms and conditions and/or privacy policies that differ from ours, and the Third-Party Website may provide less security than our website.

By creating a link to a Third-Party Website, we neither endorses nor recommends any products or services offered or information contained at the Third-Party Website. We disclaim liability for any information, materials, products, or services posted or offered at any of the Third-Party Websites linked to our website or services. We also disclaim liability for any failure of any products or services offered or advertised at such Third-Party Websites.

Termination

We reserve the right, in our sole discretion, to terminate Your License or any services provided to you and to assert legal action with respect to your use of our website or services that we reasonably believe is or might be in violation of the Terms, additional terms and conditions, or other Boomerang policies.

NO WARRANTY

THE WEBSITE AND SERVICES, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY US OR BY THIRD PARTIES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE WEBSITE OR SERVICES AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE, SERVICES, OR CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY US OR BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE TO USE OUR WEBSITE AND SERVICES AT YOUR SOLE RISK AND THAT WE CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE WEBSITE AND SERVICES WILL BE FREE OF COMPUTER VIRUSES.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, AND LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR YOUR USE THEREOF OR INABILITY TO USE BY ANY PARTY OR DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE WEBSITE OR SERVICES, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES.

Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, partners, representatives, and licensors (the "Indemnified Parties" and each an "Indemnified Party") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms (including negligent or wrongful conduct) by you, (ii) your use of the website or services, or (iii) information provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

Submissions

Unless otherwise indicated, any content submitted to us via our website shall be deemed and remain our property. We shall be free to reproduce, use, disclose, and distribute, for any purpose, any information, idea, concept, know-how, or technique contained in the content provided to us through our website. We shall not be subject to any obligations of confidentiality regarding information submitted, except as may be expressly agreed in writing by us, or as otherwise, specifically required by law.

System Outages, Slowdowns, and Capacity Limitations

At times you may experience difficulty accessing the website or communicating with us through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or our's, can experience unanticipated outages or slowdowns or have capacity limitations. We make no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service on your device.

Protecting Your Devices and Account

We make no warranty whatsoever to you, express or implied, regarding the security of the website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the website. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. We are not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.

Governing Law and Disputes

The Terms are governed by and construed in accordance with the laws of the State of Utah without regard to principles of conflicts of law, which would result in the application of the laws of another jurisdiction. The federal district court for the Utah has general jurisdiction and will be the exclusive venue for litigating any claims, actions, or proceedings related to the website, Terms, or any other of our policies or terms and conditions. Any such cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.

Severability/No Waiver

If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms.

Contact Us

If you have any questions about Boomerang Lenses or the Terms, please contact us at [email protected]