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Terms Of Use

Cohen Fashion Optical Terms of Use

TERMS OF USE

 

Thank you for visiting the COHEN FASHION OPTICAL, LLC Website and for your interest in COHEN FASHION OPTICAL’s products and services.

 

PLEASE READ THESE TERMS OF USE AND THE INCORPORATED NOTICES CAREFULLY AND IN THEIR ENTIRETY BEFORE CONTINUING TO USE COHEN FASHION OPTICAL’S WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES. BY ACCESSING AND CONTINUING TO USE THE COHEN FASHION OPTICAL  WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES  OR ORDERING ANY COHEN FASHION OPTICAL  PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (AS MAY BE MODIFIED FROM TIME TO TIME) AND ALL INCORPORATED NOTICES AS SET FORTH BELOW.

 

These terms of use (“Terms of Use”) are a binding agreement between COHEN FASHION OPTICAL. LLC its subsidiaries, affiliates, divisions, agents, employees, licensors and/or representatives (collectively “COHEN FASHION OPTICAL ”, “Us” “Our” or “We” ) and You (“Your”) as a “User” of COHEN FASHION OPTICAL’s website located at <www.COHENFASHIONOPTICAL.com>, <shop-online.cohenfashionoptical.com> and any related website, application, webpage, widget, interactive feature, blog, social network, social network tabs or other online, mobile or wireless offerings that post a link to these Terms of Service no matter how they are accessed, (collectively “Website”) and/or as a  “Purchaser” of “Products” or “Services” that are marketed, sold or distributed by or through the Website.   Your access and use of the Website and/or Your purchase of any Products or Services will also be governed by the expressly incorporated statement and notices, (“Incorporated Notices”) each of which may be directly accessed by clicking on the following links:

 

 

The COHEN FASHION OPTICAL Website

The Website is owned and operated by COHEN FASHION OPTICAL, LLC, a New York limited liability corporation, headquartered in Garden City, New York.  COHEN FASHION OPTICAL is a top provider of quality, reasonably priced, on-trend prescription and non-prescription eyeglasses, sunglasses, eyecare products and accessories. This Website provides Users with access to information about COHEN FASHION OPTICAL’s Products and Services that are available through the Website, as well information regarding the location, products and services offered by our 100+ affiliated stores, and information that may be of general interest to Users concerning vision, eye health and the selection and use of eyewear.

 

Portions of the Website are generally publicly available and may be accessed by You or any Internet user. There are other sections of the Website that offer additional functionality and services, such as sections that offer You the opportunity to purchase Products or Services, store Your preferences and purchase history for easy reordering, receive Our newsletters or special  offers or that may invite You to post comments or interact with COHEN FASHION OPTICAL or other Users. These sections, services and functions may only be available to You when create a “User Account” after You register with COHEN FASHION OPTICAL, by providing requested information, and then log in using Your email and a unique password that You create for that purpose.  For further information see user accounts and passwords below

 

ACCEPTANCE OF TERMS OF USE

By visiting, using, browsing, posting, offering content to the Website or making a purchase on or through the Website, or “clicking” the accept/agree button, You accept and agree to be bound by, without limitations or qualifications, these Terms of Use and Incorporated Notices.

 

 IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR INCORPORATED NOTICES, PLEASE DO NOT VISIT THE WEBSITE, USE ANY COHEN FASHION OPTICAL SERVICES OR PURCHASE ANY COHEN FASHION OPTICAL PRODUCTS OR SERVICES THROUGH THE WEBSITE

 

MEDICAL ADVICE DISCLAIMER

THE WEBSITE’S CONTENT IS NOT MEDICAL ADVICE AND DOES NOT SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

 

The Website is not intended to provide specific optical, physical or mental health diagnosis, treatment, or advice to any individual and You may not rely on it for that purpose. The Website does not contain information about all diseases nor does the site contain all information that may be relevant to Your health. Website content may contain information supplied by COHEN FASHION OPTICAL or by third parties who provide information on the Website by sharing their own experience or opinions.

 

Individual experiences and results may vary. COHEN FASHION OPTICAL cannot and does not guarantee or endorse any opinion expressed on the Website regarding individual results nor the efficacy, safety or appropriateness of any particular test, regimen, treatment, protocol or product for any individual.

 

As a unique individual, only You, with the advice of Your health care practitioner, can judge whether any specific product, regimen, practice, or protocol is right for You.   Please always consult with Your qualified health care practitioner regarding any specific questions you may have regarding Your vision, eye health, medical condition, treatment, care, or diagnosis. Please do not delay or disregard medical advice provided by Your health care practitioner based on anything found on the Website.

 

DISCLAIMER OF WARRANTIES 

You agree that Your access to the Website and Your use of the Products and Services are solely at your own risk.  The Website, Products and Services are provided by COHEN FASHION OPTICAL on an “as is” and “as available” basis.

 

EXCEPT AS MAY BE OTHERWISE NOTED IN THESE TERMS, COHEN FASHION OPTICAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIAL OR PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.  COHEN FASHION OPTICAL DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS. COHEN FASHION OPTICAL DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. COHEN FASHION OPTICAL MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, OR THE PRODUCTS AND SERVICES SOLD IN CONNECTION THEREWITH. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COHEN FASHION OPTICAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE DISCLAIMERS AND EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COHEN FASHION OPTICAL BE LIABLE FOR YOUR USE OR MISUSE OF THE WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF COHEN FASHION OPTICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

 

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COHEN FASHION OPTICAL  BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OR MISUSE OF, UNAVAILABILITY OF OR INABILITY TO USE THE WEBSITE, PRODUCTS OR SERVICES IN CONNECTION THEREWITH OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT, INCLUDING NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF COHEN FASHION OPTICAL , (EXCEPT ARISING EXCLUSIVELY FROM COHEN FASHION OPTICAL’S INTENTIONAL CONDUCT OR GROSS NEGLIGENCE) AND EVEN IF COHEN FASHION OPTICAL  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

EXCLUSIVE REMEDY

IT IS AGREED THAT, NOTWITHSTANDING THE FOREGOING, SHOULD ANY LIABILITY ON THE PART OF COHEN FASHION OPTICAL BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE IT IS AGREED THAT IN NO EVENT MAY THE USER RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE AMOUNTS PAID TO COHEN FASHION OPTICAL IN THE SIX MONTHS IMMEDIATELY PROCEEDING THE EVENT GIVING RISE TO THE CLAIM OR $150 IN THE EVENT THAT NO FEES WERE PAID, WHICH EVER IS GREATER, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.

 

PRICES AND MODIFICATIONS

You will be charged the price that appears on the Website for the Products that You select. In some situations, Your selection among various options or choices may affect the final price of the Product or Services that You have selected.  Depending on Your location, some items may be subject to state and/or local tax. You will be notified of the final price of the Product or Services, before You complete checkout of Your Order.

 

Website prices for certain Products or Services may be higher or lower than the prices charged for the same or similar products or services at COHEN FASHION OPTICAL’s affiliated locations. The price of Products or Services offered for sale on the Website may vary and are subject to change at any time prior to COHEN FASHION OPTICAL’s acceptance of Your order.  We reserve the right to modify or discontinue sales, promotional offers, and other services provided by COHEN FASHION OPTICAL at any time and at COHEN FASHION OPTICAL’s sole discretion. COHEN FASHION OPTICAL shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of any Product or Service.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

As a User, Purchaser or both, You agree to provide current, complete, and accurate purchase and account information. You also agree to promptly update your account and other information, including Your email address, credit card number(s), and expiration date(s), so that we can complete Your transactions and contact You as needed. All orders are subject to COHEN FASHION OPTICAL’s Cancellation and Refund Policies.

 

CANCELLATION POLICY

You may cancel Your Order at any time, in writing, prior to it being shipped to You by Cohen Fashion Optical.

 

On occasion, COHEN FASHION OPTICAL may refuse or may cancel Your order, such as, for example, when your selections are not available, there are inaccuracies or errors in the information concerning the Products or Services You have selected,  there are unresolved issues regarding Your payment,  or if COHEN FASHION OPTICAL believes that it is prohibited from fulfilling your order under the laws or regulations at your location.  COHEN FASHION OPTICAL may also limit or cancel quantities purchased per person, per household, or per order or if it believes that the order was placed for the purpose of Product resale.

 

COHEN FAHION OPTICAL reserves the right, at its sole discretion, to refuse or cancel any order for any reason.  You will not be charged for any order We cancel or refuse. In the event that We make a change to or cancel an order, We will attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time of purchase or contained in Your User Account if You made Your Purchase using Your User Account.

 

REFUND POLICY AND RETURN POLICY

You may return any Product purchased through the Website for any reason within 30 days of Your receipt of the Product. COHEN FAHION OPTICAL shall, at Your option, refund or replace the returned Product within 30 days of COHEN FAHION OPTICAL’s receipt of the Product in its original and unused condition. Any refund shall be issued in the form of a credit to the original purchasing method, which may take a commercially reasonable time to process.

 

PAYMENT TERMS

Payments for purchases made on the Website are processed by one or more third-party payment processors that may permit You to select from a variety of payment methods to enable You to complete Your purchase of Products and Services.  In order to complete Your purchase, You will be required to provide account and other information to the processor which may offer you the opportunity, if you choose, to store Your payment and account information for future purchases.  The payment processor is required by credit card issuers to meet specific industry-standard security measures concerning the collection and storage of Your information. For further information, please see the payment processor’s website.  In order to complete Your purchases, COHEN FASHION OPTICAL may transmit payment information that You provide to the third-party payment processors, but COHEN FASHION OPTICAL does not store that information, unless You chose to save some payment information in Your User Account.

 

COHEN FASHION OPTICAL has the sole discretion to discontinue, add or substitute any method of payment. COHEN FASHION OPTICAL  reserves the right to decline Your use of any form of payment if You fail to provide adequate or accurate information or if We or the third-party payment processors have reason to suspect, in Our sole discretion, that You are not the account holder, the account does not exist or is no longer active, that there are insufficient funds for the purchase or for any other reason.

 

COHEN FASHION OPTICAL does not participate with any insurance plan. You acknowledge that you are solely financially responsible for the cost associated with your purchase of Products or Services from COHEN FASHION OPTICAL. You are aware that you have the option to obtain Products and Services from a provider that participates with your insurance plan. Nonetheless, by purchasing the Products and Services, you acknowledge that you choose COHEN FASHION OPTICAL as your provider of choice.

           

OWNERSHIP OF WEBSITE AND ITS CONTENT

The Website is owned and operated by COHEN FASHION OPTICAL.  All of the information and content featured or displayed on the Website, including but not limited to keywords, specialty tags, text, illustrations, artwork, video, music, trademarks, logos, charts, graphs, illustrations, or articles are owned by or licensed to COHEN FASHION OPTICAL  or its affiliates, business partners, or licensors. COHEN FASHION OPTICAL reserves the right to amend, change, alter, enhance, remove, or cease to provide access to the Website or its content at any time, without prior notice to any user.

 

COHEN FASHION OPTICAL’S INTELLECTUAL PROPERTY

COHEN FASHION OPTICAL owns any and all intellectual property rights arising out of, related to, or in any way connected with “COHEN FASHION OPTICAL”. “COHEN’S FASHION OPTICAL” and the COHEN FASHION OPTICAL related logos, slogans, service marks or trademarks, etc. (“COHEN FASHION OPTICAL Intellectual Property”). You cannot use the COHEN FASHION OPTICAL Intellectual Property without first obtaining COHEN FASHION OPTICAL’s express and specific written permission.  Nothing on the Website shall be construed as granting a license or right to use the COHEN FASHION OPTICAL Intellectual Property without Our permission.

USER COMMUNICATIONS TO COHEN FASHION OPTICAL

Unless otherwise protected by United States law, all communications sent by You to Us will be treated as non-confidential and non-proprietary.  Please do not submit confidential or proprietary information to Us (including, but not limited to, any patentable ideas, new content suggestions or business proposals) unless We have mutually agreed otherwise in writing and in advance of You sending them.  Any ideas, new content, or business proposals that We receive unsolicited will be treated as property owned by COHEN FASHION OPTICAL and will not be returned to You.

 

THIRD-PARTY LINKS

The Website may contain links to third-party websites. Third-party links are provided for Your convenience and as a courtesy to You.  Third-party websites are not owned, operated or controlled by COHEN FASHION OPTICAL. You agree that COHEN FASHION OPTICAL is not responsible for the content or functionality contained on any such third-party website and that You waive any and all claims against COHEN FASHION OPTICAL  as to any loss incurred as the result of Your access or use of such third-party website.

 

USER ACCOUNTS AND PASSWORD

As a User, Purchaser or both, You may be required to or choose to establish Your User Account in order to access certain portions of the Website, make use of certain Website functionality, offer User Content, complete Purchases, receive the benefit of programs, rewards or other marketing benefits, etc.  To do so, you will be required to create a User Account by providing Your email address and creating a unique password to be used with Your email address to access the User Account. You may also be required to provide additional information about Yourself in order to receive the Products and Services that You have selected.  You are responsible for maintaining the confidentiality of Your User Account information, (including Your unique Password) and for any and all activity that occurs under Your User Account. We will assume that anyone who uses Your User Account is You and will therefore have all the same rights and privileges that You have. You will be responsible for any purchases, posts, or any other activity that occurs using User Account.

 

Remember, You are in the best position to protect Your User Account.

Do not share Your Password or allow anyone else to use it. You agree to notify COHEN FASHION OPTICAL immediately upon learning of any unauthorized use of Your User Account, or Password or any other breach of Website security. However, You may be held liable for losses incurred by COHEN FASHION OPTICAL or any other user of or visitor to the Website due to another person using your User Account or Password.

You may not use anyone else’s User Account or Password at any time without the express permission and consent of the holder of that account or password. You may not use another’s User Name, at any time, with or without the consent of the User, so as to give the impression, express or implied, that You are that User. COHEN FASHION OPTICAL cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.

WEBSITE SECURITY

Security of data, software and hardware connected to the Internet are matters of concern for You and COHEN FASHION OPTICAL. We take reasonable precautions to protect Your information. We  limit Our collection of Your personal information, such as Your financial information, personally identifiable information and other sensitive information to only such personal information that We deem necessary to provide You with the Products and Services that You have selected or to improve the experience of You and other Users’ experience with the Website, Products or Services. We take reasonable precautions to collect personal information in a secure manner and transmit it via a secure internet channel.

 

However, no security measures are perfect or impenetrable, and COHEN FASHION OPTICAL cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure. COHEN FASHION OPTICAL is not responsible for the circumvention of any privacy settings or security measures contained on the Website by any users or third parties. For further information, please see our Privacy Notice.

 

You are prohibited from violating or attempting to violate the security of the Website or any Service or Product by (a) accessing information not intended for such  or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, provider, host or network, including but not limited to, submitting any malware, virus to the Website. overloading, “flooding,” “spamming,” “mail‑bombing” or “crashing” or other malicious or illegal act of any description.  You shall not use any device, software, script or routine to interfere or attempt to interfere with the proper working of Website or any activity being conducted on the Website.  You shall not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than through generally-available third-party web browsers (for example, Microsoft Edge, Firefox, Google Chrome, etc.)

 

COHEN FASHION OPTICAL reserves the right to investigate and take such action as it deems necessary regarding any activity that it suspects is intended to violate the security of the Website, Services and Products. If, at COHEN FASHION OPTICAL ’s sole discretion, it appears that You have violated the Terms of Use or acted in any way that interferes or is intended to interfere with the functioning of the Website or another’s lawful access and use thereof, COHEN FASHION OPTICAL may take any action it deems appropriate to prevent further interference, including but not limited to immediate suspension and/or cancellation of Your access to the Website. You may be civilly or criminally liable for such violations. COHEN FASHION OPTICAL will cooperate with law enforcement authorities in prosecuting any individual or entity involved in such violations.

 

ACCESS AND USE OF THE WEBSITE AND ITS CONTENT

Subject to Your acceptance of, and compliance with these Terms of Use as may be periodically amended, COHEN FASHION OPTICAL hereby grants You a non-exclusive, non-transferable limited license to access and make personal non-commercial use of the Website and its content. This license does not entitle You to any resale or commercial use of the Website or its contents; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of any person; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or offer for sale any information contained on, or obtained from Website or any portion thereof.  COHEN FASHION OPTICAL will investigate and take appropriate legal action, including civil and criminal redress, for any misuse and fraudulent activity on the Website.

CONTENT CONTRIBUTED BY YOU OR OTHER USERS

From time to time, COHEN FASHION OPTICAL may provide opportunities for You to communicate with others through the Website, such as through blogs, chat rooms, postings, emails, product reviews, etc. (“User Content”) COHEN FASHION OPTICAL reserves the right to accept, reject, or remove any and all User Content at its sole discretion and for any reason. You understand and agree that COHEN FASHION OPTICAL’s exclusive role in connection with User Content is solely as an Internet Service Provider and that COHEN FASHION OPTICAL  is not and will not be liable for any User Content or any Website content that is authored or submitted by anyone other than COHEN FASHION OPTICAL .
You understand and agree that by submitting User Content, You are consenting to its public dissemination.  As a condition of Your submission of User Content to the Website, You hereby warrant, promise and agree that:

  • You have registered with COHEN FASHION OPTICAL by creating a unique User Name and Password after providing complete and accurate personal and contact information as required for registration of a User Account and that the information You have provided is up to date and accurate when You submit User Content for consideration.
  • You own or have all necessary licenses, rights, consents, and permissions to use and to authorize COHEN FASHION OPTICAL to use Your User Content, including, but not limited to, any necessary patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights in the User Content.
  • You have the written consent, release, and/or permission of each identifiable individual person in the User Content to use and to authorize COHEN FASHION OPTICAL to use the name or likeness of each such identifiable individual person in the User Content.
  • By submitting the User Content to COHEN FASHION OPTICAL, You agree to be bound by all terms set forth in these Terms of Use and Incorporated Notices.
  • You have the right to, and hereby, assign to COHEN FASHION OPTICAL a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your User Content in any media formats and through any media channels in connection with COHEN FASHION OPTICAL’s Website, Services or Products.
  • You hereby agree to indemnify and hold harmless COHEN FASHION OPTICAL from any and all claims of whatever nature that may arise from, in connection with, or be related to, Your User Content, including, but not limited to, any claim that You made an impermissible use of the User Content, did not have the necessary licenses, permissions or releases for Your User Content or lacked the requisite authority to grant COHEN FASHION OPTICAL  permission or license as to the use of Your User Content as provided for above.

USER WARRANTIES

As a User, You agree that You will not, under any circumstances, use the Website or any related services provided by COHEN FASHION OPTICAL in connection with the Website to do the following:

  • You will not make available any material that is protected by another’s copyright, trademark, trade secret, or other intellectual property right, or is otherwise subject to third-party proprietary, privacy or publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant COHEN FASHION OPTICAL all required license rights. For further information see COHEN FASHION OPTICAL’S COPYRIGHT AND INTELLECTUAL PROPERTY NOTICE.
  • You will not make available any material that is false, misleading, harmful, abusive, tortious, vulgar, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or sexually or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;
  • You will not cause harm, of any type, to minors;
  • You will not submit materials or post links to advertisements or solicitations of business without COHEN FASHION OPTICAL’s prior express and written permission;
  • You will not intentionally or unintentionally violate or aid others in the violation of any applicable local, state, national or international law or regulation;
  • You will not enable or assist in the transmission of “junk mail,” “chain letters,” “pyramid schemes,” unsolicited mass mailings, instant messaging, “spimming,” or “spamming” or any other form of improper or illegal solicitation now known or that may be developed in the future;
  • You will not “stalk” or otherwise harass another person or assist another in doing so;
  • You will not access the Website or services in order to collect or store private or personally identifying information about others for unlawful or inappropriate purposes;
  • You will not misrepresent or assist others in misrepresenting the origin of any Website content provided by COHEN FASHION OPTICAL or another Website User;
  • You will not impersonate any person or entity, including, but not limited to, COHEN FASHION OPTICAL ’s officials, employees, consultants, or otherwise misrepresent Your affiliation with any person or entity;
  • You will not make available any material that You are prohibited from disclosing as a result of Your contractual or fiduciary relationship with another individual or entity or as a matter of law or regulation;
  • You will not make available or distribute any materials, computer code or “malware” that facilitates hacking, or that is intended to interfere with or destroy the functionality of any website, computer software, hardware or telecommunications equipment or to interfere with the performance or functionality of this Website or any other website, including, but not limited to, ransomware, software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information, any other form of improper or illegal malware now known or that may be developed in the future.
  • You will not download data from any COHEN FASHION OPTICAL’S Website, database or platform through automated means, including spiders, robots, crawlers or other automated means now known or that may be developed in the future;
  • You will not harvest, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content of any description;
  • You will not sell, distribute, or make any use of, commercial or otherwise, information, content or data obtained from COHEN FASHION OPTICAL in a manner which could be expected to offend the person for whom it is relevant;
  • You will not create and maintain a COHEN FASHION OPTICAL user profile that contains hyperlinks to content not permitted on the Website;
  • You will not disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
  • You will not interfere with or disrupt the Website or the servers, or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • You will not access the Website after Your access has been terminated by COHEN FASHION OPTICAL for any reason; and
  • You will not make available any materials, or act in any manner that is offensive to the COHEN FASHION OPTICAL community or the spirit of these Terms of Use.

You acknowledge and agree that COHEN FASHION OPTICAL may, but is not required to, monitor Your conduct in connection with the Website.  You agree that COHEN FASHION OPTICAL  may remove any materials submitted by You, including but not limited to Your User Content, restrict and block Your access to the Website and/or terminate any or all other agreements between You and COHEN FASHION OPTICAL, if COHEN FASHION OPTICAL, in its sole discretion, determines that you have taken actions in violation of these Terms of Use and/or any other agreement between You and COHEN FASHION OPTICAL. You understand that in the event of termination for any cause, You will not be entitled to a refund of fees, if any, paid by You to COHEN FASHION OPTICAL and will be required to make all payments that remain outstanding at the time of the termination.

 

You understand and agree that COHEN FASHION OPTICAL may access, preserve and disclose Your identifying information in its possession, including, if applicable, email address, Password and/or User Account information, if COHEN FASHION OPTICAL  determines that it is necessary to do so in order to comply with apparently valid legal proceedings, to process a good faith complaint by a third-party that You have violated these Terms of Use, or to protect the legal rights, property or personal safety of COHEN FASHION OPTICAL,  its Users and the public at large.

 

YOUR INDEMNIFICATION OF COHEN FASHION OPTICAL

You understand and agree that You will indemnify, defend and hold harmless COHEN FASHION OPTICAL  from any and all liability, expense, cost fine, settlement or judgement, including without limitation, reasonable attorneys’ fees and legal expenses incurred alleged to be connected with, arising out of or in any way related to Your User Content, Your use of the Website or Your breach of the User’s Warranties or other any other provision of these Terms of Use and/or Incorporated Notices.

CHANGES TO TERMS OF USE

COHEN FASHION OPTICAL reserves the right to update, change, modify, add, delete, revise or replace any part of these Terms of Use or any Incorporated Notices at any time. Such changes are effective, and You agree to be bound by such changes, when You “click” the Accept button upon accessing or using the Website, when You purchase any COHEN FASHION OPTICAL Products or

Services through the Website, when You submit User Content or 30 days from the date the changes are posted to the Website, whichever is earliest.

 

We recommend that You regularly check the Terms of Use when visiting the Website, or ordering any Products or Services, as these Terms of Use may have changed since you last did so.

 

GENERAL PROVISIONS

  • Relationship of the Parties: You and COHEN FASHION OPTICAL are independent contractors. There is no partnership, agency or joint venture relationship between them.
  • Location of Negotiations and Services: You agree that the Website, the marketing, sale, or distribution of any and all Products and Services provided by COHEN FASHION OPTICAL through the Website, and the negotiation and agreement of these Terms of Use, Incorporated Notices, and any other agreement between You and COHEN FASHION OPTICAL regarding the Website, shall be deemed to have occurred solely and exclusive within the County of Nassau, the State of New York, United State of America.
  • Choice of Law: You hereby agree that these Terms of Use, the Incorporated Notices, and any other agreement between You and COHEN FASHION OPTICAL shall exclusively and solely be governed and interpreted under and in accord with the laws of the State of New York, United States of America, regardless of where You, any of COHEN FASHION OPTICAL’s representatives or agents, or COHEN FASHION OPTICAL’s servers may be located (except to the extent that New York choice of law principles would require application of any other law).
  • Jurisdiction and Forum: You hereby agree that any dispute that arises under, is connected to or relates in any manner to, these Terms of Use, the Incorporated Notices, the Website, Services or Products provided by COHEN FASHION OPTICAL, or any other agreement between You and COHEN FASHION OPTICAL shall be subject to the sole and exclusive jurisdiction of the Federal or State courts located in the State of New York, County of Nassau and You hereby irrevocably consent to and submit to their jurisdiction to hear and determine any such dispute.
  • International Use: Although this Website may be accessible worldwide, COHEN FASHION OPTICAL makes no representation that materials on this Website, Products or Services are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations, do so on their own initiative and at their own risk. If You choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of Products or Services purchased over the Internet.
  • Void Where Prohibited: Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
  • Use By Children: We do not offer products or services for sale directly to children under 18. If You are under 18 and wish to purchase Products or Services from Us, please secure the permission and assistance of Your parent or guardian to process Your orders. By using this Website, You are representing to Us that You are 18 years or older. We will not be liable for any damages that may result from a misrepresentation of age by a user of our website.
  • Force Majeure: In addition to any excuse provided by applicable law, COHEN FASHION OPTICAL shall be excused from liability for non-delivery or delay in delivery of Products and Services available through the Website arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance,  interruptions in supply chain, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, public health emergency, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated hereinabove.
  • Specific Performance: You acknowledge that a breach of these Terms of Use or other agreement between You and COHEN FASHION OPTICAL will cause irreparable injury and that money damages may be inadequate to remedy the injury to COHEN FASHION OPTICAL. Therefore, in the event of a breach or threatened breach, COHEN FASHION OPTICAL will be entitled to equitable relief, including injunctive relief and specific performance, without the posting of a bond or other security, and without proof of actual damages.
  • No Third-Party Rights: Nothing in these Terms of Use creates any right in any person not a party to the Terms of Use, and the Terms of Use shall not be construed in any respect to be a contract in whole or in part for the benefit of any third person.
  • Severability of Provisions: If any provision of the Terms of Use, incorporated documents or policies, is determined to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect to the extent that performance of the remaining terms is not rendered impossible.
  • Waiver: Failure to exercise, or any delay in exercising, any right or remedy provided under this or any agreement between You and COHEN FASHION OPTICAL or by law shall not constitute a waiver of that or any other right remedy, nor shall it preclude or restrict any further exercise of that right or any other remedy in the future against You or any other individual or entity.
  • Notices: Notices by COHEN FASHION OPTICAL to You may be given by means of electronic messages through the Website, by a general posting on the Website, by conventional mail or email at the email address You provide. It is Your responsibility to ensure that COHEN FASHION OPTICAL continues to have up-to-date contact information for You.

 

Notices by You to COHEN FASHION OPTICAL may be given by electronic messages, conventional mail, or telephone unless otherwise specified in these Terms of Use or any other agreement between You and COHEN FASHION OPTICAL.

 

COHEN FASHION OPTICAL ’s contact information as follows:

Email:customersupport@cohensfashionoptical.com
US Mail:Cohen Fashion Optical
Attention: Customer Support
100 Quentin Roosevelt Blvd, Suite 400
Garden City, New York 11530
Telephone: 516-599-5500

 

Binding Provisions: These Terms of Use and any expressly incorporated documents or policies are binding and inure to the benefit of the parties and their respective heirs, executors, administrators, personal and legal representatives, affiliates, successors, and permitted assigns.

 

Assignment: You agree that You may not assign Your rights or obligations under the Terms of Use or any agreement between You and COHEN FASHION OPTICAL without the prior, written consent of COHEN FASHION OPTICAL.

 

Headings: The descriptive headings of the sections and subsections of the Terms of Use are for convenience only and do not affect the interpretation or construction of the Terms of Use.

 

Complete Agreement: These Terms of Use, including the Incorporated Notices constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with, the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

All prior and contemporaneous negotiations and agreements between You and COHEN FASHION OPTICAL concerning the Website and Products or Services connected thereto are expressly merged into and superseded by these Terms of Use and may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. You warrant that You have not relied upon any statement, representation, warranty, or agreement, except for those expressly contained in the Terms of Use.

 

Last updated: 12/8/2020