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Atlas Lens Co. Terms and Conditions

00

All Sales Final for Delivered Products.

All deposits and purchases are fully refundable anytime prior to delivery. All other products, once shipped to you, are final sale, non-returnable and non-refundable. All transactions are subject to Atlas’ general Terms and Conditions set forth below. If you have any questions, please contact info@atlaslensco.com.

01

Atlas Lens Terms and Conditions for Online Sale.

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. These terms require the use of arbitration to resolve disputes, rather than jury trials or class actions. By placing an order for products or services from this website, you accept and are bound by these terms and conditions.

You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Atlas Lens Co., or (c) are prohibited from accessing or using this website or any of this website's contents, goods or services by applicable law.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://www.atlaslensco.com (the "Site"). These Terms are subject to change by Atlas Lens Co. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

02

Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Atlas Lens Co. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have shipped your product by emailing us at sales@atlaslensco.com.

03

Prices and Payment Terms.

  1. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. For pre-orders, such taxes or charges are not included in your initial deposit, but rather collected by us at the time of final payment. Pre-orders require an initial deposit, at which point we will begin preparing and coordinating your lens delivery, and a final payment prior to delivery. Visit our Site for further pre-order details. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

  2. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept major credit cards and wire transfer for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

04

Shipments; Delivery; Title and Risk of Loss.

  1. We will arrange for shipment of the products to you. For pre-orders, we will notify you once it is ready for shipment, at which point you will be asked to complete final payment. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

  2. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

05

Returns and Refunds.

Except for any products otherwise designated on the Site, ALL PRODUCTS SHIPPED TO YOU ARE FINAL SALE AND ARE NON-RETURNABLE. We offer refunds solely on deposits for undelivered products. To request a refund of your deposit for an undelivered product, email our Sales Department at sales@atlaslensco.com. Refunds are processed within approximately 10 business days of our receipt of your email requesting such refund for an undelivered product. Your refund will be credited back to the same payment method used to make the original purchase on the Site. We are not liable for any delay in your refund or any other liability if your payment method used to make the original purchase has changed. Other than our refund of any undelivered products pursuant to this Section 5, WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

06

Limited and Extended Warranties.

WE OFFER A ONE (1) YEAR LIMITED WARRANTY ON ALL ATLAS LENS CO. PRODUCTS, WHICH CAN BE FOUND AT www.atlaslensco.com/limitedwarranty AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS (the “Limited Warranty”). THE LIMITED WARRANTY IS HEREBY INCORPORATED TO THESE TERMS BY REFERENCE.

We may also offer an extended warranty on our products, which may be purchased on the Site (the “Extended Warranty”). For more information, please visit www.atlaslensco.com/extendedwarranty. If purchased by you, the Extended Warranty is also incorporated to these Terms by reference.

07

Indemnification.

You agree to indemnify, defend, and hold Atlas Lens Co. and our officers, agents and other representatives harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused by the misuse of the product or by your negligent or willful acts or omissions or (ii) based on any breach of this agreement by you, in particular any use of our proprietary rights in the product as identified in Section 8.

08

Intellectual Property Use and Ownership.

Atlas Lens Co. will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement, if applicable. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.

09

Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

10

Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

11

Dispute Resolution and Binding Arbitration.

  1. YOU AND ATLAS LENS CO. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  2. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

    The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

    If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

  3. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

  4. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ATLAS LENS CO. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

    If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

12

Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

13

No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Atlas Lens Co.

14

No Third Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

15

Notices.

  1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

  2. To You. To give us notice under these Terms, you must contact us as follows: (i) by electronic transmission to info@atlaslensco.com; or (ii) by personal delivery, overnight courier or registered or certified mail to Atlas Lens Co., 2815 Winona Avenue, Burbank, California 91504. We may update the email or physical address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by electronic transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

16

Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

17

Entire Agreement.

Our order confirmation, these Terms, our Limited Warranty, and, if applicable, our Extended Warranty will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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