Welcome to LOOK OPTIC, LLC’s, d/b/a LOOK’s (“we,” “us,” “our,” or “LOOK’s”) website (the Site). The Site is the property of LOOK OPTIC. We provide website features, products and service to you when you visit the Site, shop on the Site, and use our products and services (collectively “the Services”). We provide the Services subject to the following Terms and Conditions. BY USING THE SITE AND SERVICES, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE OR THE SERVICES. This is the case whether you are a registered or unregistered user. Please read these Terms of Service carefully.
There may be times when we offer special features or services that have their own terms and conditions that apply in addition to these Terms of Service. Examples may include promotions, contests, or similar features. In those cases, the terms specific to that feature control if there is a conflict with these Terms of Service. In addition, those additional terms and conditions are made part of these Terms and Conditions by reference.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to periodically check these Terms of Service for changes. Your continued use of the Site and the Services following the posting of changes will mean that you accept and agree to the changes.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LOOK OPTIC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Please review our Privacy Notice and Policy, which also governs your use of the Site and Services and is incorporated into these Terms of Service by reference. By using the Site, you acknowledge and agree that internet transmissions, including credit card information, are never completely private or secure, even if encrypted, and may be read or intercepted by others.
You must be at least 13 years old to use the Services. If you are under age 13, you may not, under any circumstances or for any reason, use the Services.
Pursuant to 47 U.S.C. Section 230(d) as amended, LOOK hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
VOID WHERE PROHIBITED
LOOK OPTIC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person, entity or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
Registration, accounts, Passwords and security
To use the Services, you must become a registered user. As a registered user of the Services, you may establish an account (“Account”).
Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account information, including your password, and for all activities that occur on or through your Account. You agree to notify LOOK immediately of any unauthorized use of your account, password, or any other security breach. LOOK shall not be responsible for any losses arising out of the unauthorized use of your Account. You may be held liable for losses incurred by LOOK or any other user or visitor to the Site due to someone else using your Account or password.
You agree to provide accurate and complete information when you register, to keep your Account information updated, including changes to billing address, credit card number, credit card expiration date, or eligibility to use the Services, and to promptly notify us if your payment method is cancelled or you become aware of a potential or actual security breach or unauthorized use of your account. You also agree that LOOK may store and use the registration information for your account to maintain and bill your account.
You shall not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. Likewise, you shall not (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.
LOOK cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You shall have the ability to delete your Account, either directly or through a request made to LOOK.
LOOK’s CONTENT AND INTELLECTUAL PROPERTY
All text, information, scripts, data, graphics, user interfaces, visual interfaces, interactive features, photographs, videos, trademarks, logos, page headers, button icons, sounds, music, written posts and comments, software, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to LOOK or its partners, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
All rights not expressly granted to you in these Terms of Service are reserved and retained by LOOK or its licensors, suppliers, rightsholders, or other content providers. Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, modified, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, stored, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without LOOK’s express prior written consent. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
LOOK does not warrant that the functional aspects of the Site or the Content will be error free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. LOOK makes no warranties about the Content or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on the Site. LOOK reserves the right to withdraw, temporarily or permanently, any Content from the Site at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Site, you acknowledge, agree and confirm that LOOK is not liable to you or any third party for any such withdrawal.
LICENSE AND SITE ACCESS
Subject to your compliance with these Terms of Service, LOOK grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use (i.e., to download and locally display) Content for the sole purpose of using the Site and Services. This license does not include any resale or commercial use of the Services or the Site’s contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any of the Services or the Site’s contents; or any use of data mining, robots, or similar data gathering and extraction tools.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of the Site and Services may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
If you elect to post, choose the information you post on the Site and share with other users carefully. LOOK discourages you from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Site, and to the extent that the law permits, you release us from any claims or liability related to any material you post on the Site and from any claims related to the conduct of any other users.
If you do post content or submit material, and unless we indicate otherwise, you grant LOOK a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LOOK and its sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LOOK for all claims resulting from content you supply.
We have the right but not the obligation to monitor and edit or remove any activity or content. We do not regularly review posted content. We neither take responsibility nor assume liability for any content posted by you or any third party.
RULES OF CONDUCT
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. LOOK reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any LOOK server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other LOOK customer, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or LOOK’s systems or networks, or any systems or networks connected to the Site or to LOOK.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to LOOK on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes LOOK’s or others’ rights.
When you purchase our products, you represent that you are making the purchase solely for personal use, not resale or commercial distribution. If we believe that your order is not for personal use, we reserve the right to reject or cancel it.
LINKS TO THIRD PARTY SITES AND SERVICES
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under our control. You acknowledge and agree that we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such Linked Sites. LOOK is also not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any Linked Sites’ content, goods, or services. The Site’s inclusion of any suck link does not imply our endorsement or association with the Linked Sites. You access the Linked Sites at your own risk and will need to make your own independent judgment regarding your interaction with these Linked Sites.
MOBILE DEVICE SERVICES
When you access the Site via an App on a mobile device, your network provider’s messaging, data and other rates and fees may apply. We do not warrant that the App will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the App and that you may be required to install any such update in order for the App to continue functioning properly. You may not export any of our mobile applications except in compliance with all applicable laws.
If you are accessing the Services via an App on a mobile device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store, the following shall apply:
- Both you and LOOK acknowledge that these Terms of Service are concluded between you and LOOK only, and not with Apple, and that Apple is not responsible for, does not endorse, and is not involved in the application;
- The application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
- You will only use the application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application;
- In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the application;
- You acknowledge and agree that LOOK, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the application;
- You acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, LOOK, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and LOOK acknowledge and agree that, in your use of the application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and LOOK acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.
Through the applications, you may purchase (“In App Purchase”) certain goods designed to enhance the performance of the Services (“Goods”). When you purchase Goods, you are doing so through the Apple iTunes service and you are agreeing to its Terms and Conditions. We are not a party to any In App Purchase.
PAYMENTS AND BILLING
Certain of our Services, including the purchase of any products offered by us, may be subject to immediate or future payment (the “Paid Services”). Please see our Help / FAQ at www.LOOK.com/help for a description of the current Paid Services.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or Services, the latter terms shall control with respect to your use of that portion of the Site or Services.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Some of the Paid Services, such as the enrollment into our continuity program or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO WWW.LOOKOPTIC.COM
CHANGE IN AMOUNT AUTHORIZED
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
AUTO-RENEWAL FOR SUBSCRIPTION SERVICES
Unless you opt out of auto-renewal (continuity), which can be done through your Account Settings www.lookoptic.com/profile, any subscription services, you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to Account Settings www.lookoptic.com/profile. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription Services are fully earned upon payment.
REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of a Paid Service (including Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
FREE TRIALS AND OTHER PROMOTIONS
Any free trial or other promotion that provides access to a Paid Service (a “Trial Offer”) must be used within the specified time of the trial. You will be required to have a valid Payment Method on file in order to initiate a Trial Offer. You must stop using a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at email@example.com. Trial Offers are one-time only for new customers and are limited to one per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of this Agreement.
RISK OF LOSS
All items purchased from LOOK are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS, AND TITLE
LOOK does not take title to returned items until the item arrives at our returns center. At our discretion, a refund may be issued without requiring a return. In this situation, LOOK does not take title to the refunded item. For more information about our returns and refunds, please see our FAQs.
LOOK attempts to be as accurate as possible. However, LOOK does not warrant that product descriptions or other content of any the Services is accurate, complete, reliable, current, or error-free. If a product offered by LOOK itself is not as described, your sole remedy is to return it in unused condition.
Your order is an offer to buy. Your order remains valid as an offer until we signify our acceptance of your offer by shipping the product or, if earlier, if we receive your notice revoking your order before we ship. For this reason, we generally do not charge your credit card until after your order has entered the shipping process.
With respect to items sold on the Site, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Coupon codes have no cash value and cannot be redeemed for cash. Coupon Codes are limited to one coupon code per order and cannot combined with any other offers. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. LOOK reserves the right to change or limit coupon codes in its sole discretion.
MODIFICATION OR SUSPENSION OF THE SITE AND RIGHT TO TERMINATE YOUR USE OF THE SITE
LOOK reserves the right, in our sole discretion, to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify, discontinue, suspend or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following any changes to these Terms of Service constitutes acceptance of those changes.
Any description of features on the Site shall not be considered to be a representation by LOOK that such features will always be included on the Site or as part of the Services. From time to time, we may restrict access to some or all of the Site, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Site and Services, without notice or liability, for any reason or no reason. Accordingly, for any reason, and without notice, all or any part of the Site and Services may become unavailable to you at any time and for any period.
If we suspend or discontinue any aspect of the Site or Services or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.
If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.
LOOK DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LOOK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LOOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOOK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, THE SERVICES, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LOOK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will LOOK or its directors, employees, agents, partners, suppliers, or content providers be liable to you under contract, tort, or any other legal or equitable theory for any special, indirect, consequential, exemplary, incidental or punitive damages, including for lost profits, data loss, or cost of procurement of replacement goods or services arising out of your use of the Site, Services, Content or Linked Sites, even if LOOK has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Service, LOOK is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Services, or any Content, LOOK’s liability shall in no event exceed the greater of the amount paid by you to us, if anything, for accessing or participating in the use of the Site or Services or $100.00, whichever is less.
UNDER NO CIRCUMSTANCES WILL LOOK AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS LOOK AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.
You agree to indemnify and hold LOOK, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, and their respective employees, contractors, directors, suppliers and representatives harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against LOOK by any third party due to or arising out of or in connection with your access to or use of the Site or Services.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
California residents, you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
BINDING ARBITRATION AND CLASS ACTION WAIVER
– IMPORTANT –
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
In the event of any dispute between you and us regarding these Terms of Service, the Privacy Notice and Policy, the Site or Services, you agree to first send LOOK a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. The written notice should be sent to firstname.lastname@example.org. You and LOOK will attempt to resolve any dispute through informal negotiation within 30 days from the date that you send the notice of dispute.
If we are unable to resolve a dispute by negotiation, you agree that all disputes between us, regardless of whether they involve a third party, including, but not limited to, disputes related to these Terms of Service, your use of the Services and Site, and the Privacy Notice and Policy must be resolved through individual binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these TERMS OF SERVICE. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. LOOK will seek attorneys’ fees and costs in arbitration if the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
The exception to the foregoing is that LOOK may seek injunctive relief or other appropriate relief in any state or federal court in los angeles county, california if YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS or these terms of service.
You agree to arbitrate with LOOK only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. You are waiving and giving up your right to participate as a class representative or member on any class claim, including to any right class arbitration or consolidation of individual arbitrations. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
This arbitration agreement will survive the termination of your relationship with us.
GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Los Angeles County, California.
WAIVER AND SEVERABILITY
No waiver by LOOK of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of LOOK to assert a right or provision under these Terms of Services shall not constitute a waiver of such right or provision.
If a court or other tribunal of competent jurisdiction holds that any provision of these Terms of Service are invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these TERMS OF SERVICE will continue in full force and effect.
These TERMS OF SERVICE, our Privacy Notice and Policy, and the other agreements referred to herein constitute the sole and entire agreement between you and LOOK with respect to the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and Services.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These TERMS OF SERVICE and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these TERMS OF SERVICE without restriction.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact us at the following address: LOOK OPTIC, 283 Bronwood Ave, Los Angeles, CA 90049.
EFFECTIVE DATE OF TERMS OF SERVICE:
July 1, 2016