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TERMS OF USE & PRIVACY POLICY

Terms of Use

Effective Date: January 29, 2021


Hello, and thanks for visiting! AVIEW Innovations LLC, operates and provides services through www.aview.com (the “Site”).  We’ll go by “AVIEW”, “we”, or “us” to keep it simple. We know these types of documents can get pretty dense, but we want you to read this, so we’ll do our best to keep it easy to read. We will also refer to the Site as the “Services.” Before using any of the Services, please read these Terms of Use (these “Terms”), our Privacy Policy, and any other policies and notices on the Site, on the App, or in any of our retail locations. Collectively, these materials contain terms, rules, and other guidelines related to your use of the Services. As a condition to your access to or use of the Services, you consent to be bound by these Terms, so please do not use the Services if you do not agree with all of these Terms. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, those additional terms will also apply. Your use of the Services, and our provision of the Services to you, constitutes an agreement between you and AVIEW to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them (like really understand them), so if you have any questions, contact us at legal@aview.com.


THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND AVIEW RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY NON BINDING MEDIATION BEFORE ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 18 (“DISPUTE RESOLUTION AND ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH AVIEW.


1. We Reserve the Right to Update and Revise These Terms of Use at Any Time
Things happen quickly, both inside and outside of AVIEW, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time upon 7 days’ notice. We’ll provide notice by changing the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because 7 days after we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.


2. Eligibility
We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Services. However, even non-adults deserve fantastic eyewear. You can use the Services if you are under 18, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activity. If you are younger than 13 years old, you may not use the Services (although your parents can still buy glasses for you).
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria.


We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).


3. Privacy
Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect and use your information.

4. Getting Your AVIEW Eyewear
a. Selecting Your Frames. AVIEW sells eyeglasses and sunglasses with non-prescription lenses. To learn more about the lenses we offer, you can visit the Lenses section of our shop page. To order frames, select your desired frame and click the “Add to Cart” button to add it to your order.
b. Delivery Information. We’ll need your name, address, and telephone number to complete your order and send you your AVIEW purchase.
c. Payment Information. After you have made your eyewear selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third party payment processors to charge the amount of the order to your selected payment method.
d. Checking Order Status. We know how exciting it can be to get a delivery, so once your eyewear is on its way to you, we’ll send you an email confirmation with tracking information. Feel free to email us at hello@aview.com, or contact us via Twitter @AVIEWeyewear if you would like to check the status of your order, or if you just want to chat about how excited you are about your new glasses.
e. Changing or Cancelling an Order. Our team works hard to process orders quickly so that you don’t have to wait. However, this means that although we will try our best to accommodate order modifications, we cannot guarantee them.
f. Risk of Loss. The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
g. Returns, Exchanges. Your satisfaction is our number one priority.  If you are not satisfied with your purchase please contact us at returns@aview.com within 30 days to arrange a return or exchange.  
h. Purchase Limits. We want to give all of our customers an opportunity to buy our glasses. Therefore, we do not authorize the purchase of commercial quantities of glasses, and we may place limits on purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of our Terms.
i. Language. Presently, our order process only supports the English language.


5. Communicating with AVIEW
Security. We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t 100% secure. Text messages and emails you send to or receive from AVIEW are not encrypted, which means that they’re vulnerable to interception by third parties. If you choose to send or receive financial information or any other sensitive information by text or email, you do so at your own risk. By texting us or requesting that we text you, you consent to receiving unencrypted text messages from AVIEW. Likewise, by emailing us or requesting that we email you, you consent to receiving unencrypted emails messages from us.


6. Intellectual Property
Imitation may be the sincerest form of flattery, but that doesn’t mean you can take any of our intellectual property. All of the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of AVIEW or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site, the App, and the Services (collectively the “Marks”) are proprietary to AVIEW, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at legal@aview.com.


7. Content
a. User Content
We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections or similar communications facilities.
“User Content” is any public communications or any other material you submit, distribute, transmit, or post to AVIEW (through the Services; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores). You will keep all ownership of and license rights in your User Content although, by providing content to us, you may grant us a license to use it, as we’ll discuss here.
When you submit, distribute, transmit, or post User Content, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for AVIEW to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. Be assured you have our thanks. Lots of it.
In addition to giving AVIEW a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.
b. Representations About Your User Content
We need you to promise us certain things about your submissions so that you don’t get us into trouble. (We really appreciate it.) When you submit User Content, you represent and warrant (archaic lawyer words for “pinky promise”) that:
you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us).
your submission of such materials to AVIEW does not and, when used by AVIEW as authorized under these Terms, will not violate or infringe the rights of any third-parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission).
all User Content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying).
In addition, any User Content must not:
include any profanity or obscene, indecent, or pornographic material.
contain any unauthorized or unsolicited advertising, such as spam (no one likes spam).
contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party.
impersonate any person or entity (we like you just the way you are!).
include anyone’s identification documents or sensitive financial information.
c. Private vs. Non-private Content
We take your privacy very seriously and are committed to keeping your private information, well, private. However, we also include certain features to open channels of communication, either among our users or between our users and us, and those features wouldn’t work if all your communication were completely private. Therefore, we don’t treat as private or confidential any User Content that you provide to those features of the Services. When in doubt, it is best to take a look at our Privacy Policy, which details the types of information we treat as confidential or private. If you post something publicly on the Services, others may be able to read it. You should always use caution when providing any personal information about yourself or anyone else, including your children.
d. A Note About Third-Party Content and User Content
You may see a lot of content on the Services (especially with your new eyewear). Some of this content will come from other users or sources outside of AVIEW. All content, including User Content and third-party content, is the responsibility of the party that creates it. AVIEW does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
Disrupting traditional models in the eyewear industry keeps us pretty busy, but we still try to stay on top of things happening around the Services. We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. AVIEW will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether AVIEW or another party provides it.


8. Copyright Policy
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.
If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
identification of works or materials being infringed.
identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
your contact information, including address, telephone number and, if available, e-mail address.
a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law.
a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Please contact legal@aview.com.

9. WARRANTY DISCLAIMER
a. We like you and want you to be a long-time customer, but we have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:
which users access the Services.
what content you access via the Services.
what effects the content may have on you.
how you may interpret or use the content.
what actions you may take as a result of your exposure to the content.
b. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
(Sorry about this, but the below gets a little dense. All-caps doesn’t mean we’re yelling; our lawyers told us to do it.)
c. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVIEW DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY AVIEW OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, AVIEW DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AVIEW OR ANYONE REPRESENTING AVIEW BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR AVIEW’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVIEW WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Termination
We really hope we won’t ever have to do this, but we reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

12. Governing Law
No matter where you’re located, the laws of the State of Texas will govern these Terms and the relationship between you and AVIEW as if you signed or otherwise agreed to these Terms in Texas, without regard to Texas’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in Travis County, Texas for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of these Terms.

13. Dispute Resolution and Arbitration
a. Generally. In the interest of resolving disputes between you and AVIEW in the most expedient and cost effective manner, you and AVIEW agree that every dispute arising out of or in connection with these Terms or your use of the Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AVIEW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Despite the provisions of Section 18(a) nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and AVIEW will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AVIEW. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). AVIEW's address for Notice is: JAND, Inc., 233 Spring Street, New York, NY 10013, Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or AVIEW may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AVIEW must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by AVIEW in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
e. Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse AVIEW for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f. No Class Actions. YOU AND AVIEW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AVIEW agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g. Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice to our address for Notice within 30 days of the change, in which case your account with AVIEW will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
h. Enforceability. If Section 18(f) is found to be unenforceable or if the entirety of this Section 18(f) is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms.

14. Severability
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

15. Consent to Electronic Communications
By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
16. Entire Agreement
These Terms constitute the entire agreement between you and AVIEW and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Services. Any rights not expressly granted herein are reserved.
17. Miscellaneous
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
You did it; you made it to the end! We know it wasn’t easy (or especially interesting). Thank you for reading.

 

Privacy Policy
Effective Date: January 1, 2020


At AVIEW, we’re all about helping you see things a little more clearly. And we believe that you have a right to know what information we collect from you and how we protect your privacy. So we’ve created this Privacy Policy to let you know what to expect when you interact with us. This Privacy Policy applies to your use of our retail locations, as well as any of our websites, website features that contain a link to this Privacy Policy.


By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Please note that this Privacy Policy does not apply to third party websites (“Third Party Services”), such as Facebook, Twitter, Pinterest, Instagram, Snapchat, and Google+, that we do not own or control, even if you access them through our Services. We try to work only with Third Party Services that share our respect for your privacy, but we cannot take responsibility for their practices, content, or privacy policies. We encourage you to carefully review the privacy policies of any Third Party Services you access so that you know how they will collect, use, and share your information.
If you have any questions, please reach out to us at legal@aview.com.


1. What Information AVIEW Collects
Information you provide us:

When you make a purchase or use our Services. If you make a purchase, we request information from you to facilitate the transaction and get you the goods. You may also provide us with information when you use certain online features. This information may include (i) your name, email address, phone number, shipping address, and date of birth, (ii) information about other people, such as when you direct us to send a gift card.  You may also provide us with information when you apply for a job.


When you make a purchase, we ask you to provide payment information, which may include payment card information (such as credit card number, type, and expiration date), vision insurance plan information, billing address, and shipping address. Our payment processor, which is required by credit card issuers to meet specific security requirements, will collect, store, and process your credit card and other payment information on our behalf using industry-standard security measures. We do not store any payment card information.


Information from third party services. Some parts of our Services can be linked to other accounts you have with Third Party Services (“Third Party Accounts”) or you may be able to register for an account on our Services with your Third Party Account. If you connect a Third Party Account to our Services or interact with us through a Third Party Account, we may receive information about you, including your Third Party Account profile information and your photo, and your use of the Third Party Account (for example, if you select a AVIEW product to purchase through the account). If you mention us through your Third Party Account, we may collect publicly available information and content related to your comment. If you wish to limit the information available to us, you should visit the privacy settings of your Third Party Accounts to learn about your options.



Information from other third parties. We may collect information about you from other third parties, including demographic information, and combine this information with other information we collect about you.

Information we automatically collect:


Web logs and usage information. We record certain information and store it in log files when you interact with our Services. This information may include device and browser information, internet protocol (IP) address, URLs of referring/exit pages, and search terms. 



Mobile device information.
1. How We Use Your Information
Generally. We primarily use your information to provide and enhance our Services and your experience with AVIEW. Some ways we may use your information include:
to provide, personalize, and improve our products and our Service
to facilitate the sale and delivery of your purchases
to communicate with you, including to respond to your comments or questions, and to send you updates about your order
to understand your use of our Services to help us improve the customer experience
to provide you information, recommendations, and marketing materials about our products and Services
to deliver gift cards in accordance with your instructions
if you apply for a job, to determine your eligibility for a position with us
for our other internal business purposes

Location. We may use location information collected from your mobile device to enhance your shopping experience and to provide you with location-based services, such as advertising, search results, and other personalized content, as well as to assist us with foot traffic measurement and service improvements in our stores.


3. How We Share Your Information
If we share your information, we do so only as described below.
With vendors. We’ve figured out ways to do a lot of things on our own, but we haven’t quite figured out how to do all of it. We may provide your information to our contractors, agents, and service providers as necessary to enable them to perform certain services for us, including but not limited to:
order fulfillment
delivery services
payment processing
account registration
website-related services, such as web hosting
improvement of website-related services and features
maintenance services
marketing services
data analytics

With marketing and advertising partners. Some of our third-party advertising partners use cookies and other technologies to collect information about your online activities on our Services and across other online services in order to deliver more relevant advertising when you are using the Services or other websites.


You can learn about how to opt out of receiving personalized website advertisements from our advertising partners who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out sections on the websites of each of those organizations. Links to those sites are below. Note that because your election to opt out is managed through cookies, if you delete these cookies or use a different browser, you will have to make the same selection again.


Network Advertising Initiative:
Digital Advertising Alliance:
One of the third party services that we use to track your activity on our Services is Google Analytics. If you do not want Google Analytics to collect and use information about your use of our Services, then you can install an opt-out in your web browser. You also may opt-out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings.
On an aggregated or de-identified basis. We may share aggregated or de-identified information (which cannot reasonably be used to identify you) with service providers or other third parties. These service providers and third parties may also share with us aggregated or de-identified information that they have independently developed or acquired.
With business partners we do not control. We may work with other businesses from time to time. These business partners may sell items or provide promotions to you through our Services or theirs. We may also provide products or services to you jointly with our business partners. When we do this, we will clearly show you that a business partner is associated with your transaction, and we will only share information with them that is related to your transaction and in accordance with your request to share with that partner.
In connection with business transfers. If the ownership of all or substantially all of our business changes, or we otherwise transfer assets relating to our business or any of the Services to a third party (such as by merger, acquisition, bankruptcy proceeding, or other change of control transaction), we may transfer or sell your information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to this Privacy Policy unless we notify you otherwise.
To protect us and others. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with any applicable law, court order, subpoena, legal process, or enforceable governmental request; cooperate with law enforcement; enforce or apply this Privacy Policy, our Terms of Use, and other agreements; detect, prevent, or otherwise address fraud, security or technical issues; or protect the rights, property, or safety of AVIEW, our employees, our users, or others.

4. California Privacy Rights
If you are a California resident, please review these additional privacy disclosures, which provide a summary of how we collect, use, and disclose personal information about you and explain your rights under California law.
Categories of Information We Collect, Use, and Disclose for Business Purposes. We may collect the following categories of personal information, as described in What Information AVIEW Collects in Section 1 above:
Identifiers, such as name, email address, mailing address, phone number, or IP address


Commercial information, such as records of purchases and payment information
Internet or other electronic network activity information, such as log data, and information about the devices and computers you use to access our Services
Geolocation data, such as GPS signals, device sensors, and Wi-Fi access points, where you have allowed access to that information
Electronic, visual, or similar information, such as photos
Professional or employment-related information, if you apply to work for us
Education information, if you apply to work for us
Other information you provide, such as demographic information, responses to surveys or messages to customer service
Inferences drawn from any of the above, including about the content or ads that may be of interest to you


We collect this information from you, your devices, third parties, or as otherwise described in this Privacy Policy. We use these categories of personal information as described in How We Use Your Information in Section 2 above, and we disclose these categories of personal information for business purposes as described above and in the How We Share Your Information section.
Your Rights. Under the California Consumer Privacy Act ("CCPA"), California residents have the right to request access to or deletion of their personal information, to request additional details about our information practices, to opt out of the "sale" of personal information, if applicable, and to not be discriminated against. You may exercise these rights by emailing us at legal@aview.com.
In order to exercise these rights, you will need to verify your identity to protect your security and personal information. Note that even if we honor your request to delete your information, we may retain certain information as required or permitted by law.


Sale of Personal Information. AVIEW does not, and will not, sell information that directly identifies our customers such as their names, email addresses, phone numbers, or postal addresses. We do use marketing and advertising partners, however, and we share cookies, IP addresses, and device identifiers with them so that they can help us promote our Services. You can opt out of receiving certain targeted advertising as described in the Marketing and Advertising Partners subsection of How We Share Your Information in Section 3 above.
Shine the Light. If you’re a resident of California, you can request a notice identifying the categories of personal information, as defined by California Civil Code Section 1798.83, we share with our affiliates and/or third parties for their direct marketing purposes and the contact information for such affiliates and/or third parties. Please submit a written request to legal@aview.com.

5. We are Committed to Protecting Your Information
We take the protection of your information very seriously. We understand the sensitivity of (for example) the prescription information you may give us. Therefore, we take many security measures (physical, electronic, and procedural) to help keep your information safe. For example, we limit access to authorized employees and third parties who are under an obligation to keep all such information confidential. Also, we only allow parties to access your identifiable information for permitted business purposes. Unfortunately, even though we use commercially reasonable efforts to protect your information, we cannot guarantee complete security. Any information that you provide to us is done so entirely at your own risk.


6. Children’s Information
We are especially sensitive about children’s information. We do not knowingly allow individuals under the age of 18 to use Prescription Check and we do not knowingly collect personal information from children under the age of 13, in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or legal guardian of a minor child, you may use our Services on behalf of such minor child. If you have questions concerning our information practices with respect to children, or if you believe a child under the age of 13 has provided us with personal information, please email us at legal@aview.com.

7. Not Intended for EU Residents; Information Stored in the United States
The Services are not intended for European Union (EU) residents. If you provide us with personal information, you understand that your information may be stored in the United States and other countries that may not or do not provide the same level of protection as the EU. By using and accessing our Services, users who reside or are located in countries outside of the United States agree and consent to the transfer and processing of personal information on servers located outside of the country where they reside, and acknowledge that the protection of such information may be different than required under the laws of their residence or location.

8. Changes to this Privacy Policy
We occasionally review this Privacy Policy to make sure it complies with applicable laws and conforms to changes in our business. We may need to update this Privacy Policy, and we reserve the right to do so at any time. If we do revise this Privacy Policy, we will update the “Effective Date” at the top of this page so that you can tell if it has changed since your last visit. Your continued use of our Services constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time.

9. Contact Us
If you have any questions about viewing or updating your information, this Privacy Policy, or our privacy practices, please contact us at legal@aview.com.