Terms & Conditions
PROHIBITED USES: You are prohibited from violating or attempting to violate any security features of the Site or Service. BestNewGlasses.com reserves the right to terminate anyone’s use of the website and/or service at its sole discretion
NOT MEDICAL ADVICE: The information and/or materials located on this web site and/or from this service, should not be interpreted as medical or health advice. The materials located on this website should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. Please consult your Optometrist, or Doctor if you need medical advise.
ORDER FORM & SHOPPING CART USER CONTENT: You grant BestNewGlasses.com a license to use your personal information (name, address, credit card information and similar information) and your prescription information (optical information we use to process your order) that you post to the Site or Service to process your order(s). By posting User Content on the Site or Service, you warrant and represent that you own the rights to your User Content.
NO WARRANTIES: The materials on BestNewGlasses.com’s web site are provided “as is”. BestNewGlasses.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BestNewGlasses.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Information on BestNewGlasses.com’s website is deemed to be accurate, but not guaranteed.
INDEMNITY: You agree to indemnify BestNewGlasses.com for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless BestNewGlasses.com, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or any other user of your account. BestNewGlasses.com will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
GOVERNING LAW: These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to arbitrate all disputes that arise from your use of this Web Site or Service. In the event a court is needed for BestNewGlasses.com to obtain an injunction against a User, the exclusive jurisdiction of the state or federal courts in Tampa, Florida.
SEVERABILITY; WAIVER: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.U.S.A. BASED SITE: The Site is controlled and operated by BestNewGlasses.com from its offices in the State of Florida. BestNewGlasses.com makes no representation that any of the materials or the services to which you have been given access is available or appropriate for use in other locations. Your use of or access to the Site should not be construed as BestNewGlasses.com’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.ATTORNEY FEES: In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs of suit or other proceeding.
MODIFICATIONS: BestNewGlasses.com may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions of Use; (b) revise the Policies; (ac) modify the Site, Products offered and/or the Service; and (d) discontinue the Site, products offered and/or Service at any time. From time to time and at the sole discretion of BestNewGlasses.com, changes may be made to the Policies and Terms & Conditions. It is your responsibility to review these Policies and Terms & Conditions periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
ARBITRATION: I, as a customer of BestNewGlasses.com and BestNewGlasses.com, Inc , hereby submit to arbitration administered by The American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, in Tampa, Florida, any claim, controversy, or disagreement regarding the use of this website, orders, processing, fulfillment, products or their use, or any other issues arising out of this Agreement. We further agree that the above controversy may be submitted to 1 Arbitrator selected from the panels of arbitrators of The AAA. We further agree that we will faithfully observe this agreement and the Rules and that we will abide by ad perform any award rendered by the arbitrator(s) and that judgment of the court having jurisdiction may be entered upon the award. We agree that the award may be reviewable by the courts of Tampa, Florida jurisdiction if the arbitrator, in the opinion of any party hereto, has failed to observe the rules and laws of the State of Florida and perform any reward rendered by the arbitrator(s) and that a judgment of the court having jurisdiction may be entered upon the award. We agree that award may be reviewable by the courts of Tampa, Florida if the arbitrator, in the opinion of any party hereto, has failed to observe rules and laws of the State of Florida. Notwithstanding this Agreement to arbitrate, if either party needs to obtain any form of Equitable Relief such as an injunction to protect any of its Intellectual Property or enforce Trade Secrets, such party may file in Court at Tampa, Florida, to do so.
ACKNOWLEDGEMENT: BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.