Terms of Use

Introduction

These Terms of Use are between you and Signet Armorlite and its affiliated entities (“Signet Armorlite”, “we” or “us”). These Terms of Use apply to Signet Armorlite’s websites, mobile websites, social media sites, mobile applications and other digital platforms where they are posted, and set forth the terms and conditions upon which Signet Armorlite makes available the website, mobile website, social media site, mobile application or other digital platform, and its contents, products and services (collectively and individually, the “Digital Services”) to you. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE DIGITAL SERVICES. BY USING OR BROWSING THE DIGITAL SERVICES OR BY CHECKING A BOX OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE MOST RECENT VERSION OF THE TERMS OF USE AND THAT YOU AGREE TO ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE DIGITAL SERVICES.
We may amend these Terms of Use at any time by posting a revised version on the Digital Services. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change (as defined below), we may provide you with thirty (30) days’ prior notice of any Substantial Change by posting notice on the home page of the applicable Digital Services. Where appropriate, such as where you have set up an account, you may be asked to check a box that you agree to such revised version of the Terms of Use. “Substantial Change” means a change to the terms of these Terms of Use that reduces your rights or increases your responsibilities.
This is an important document that you must consider carefully when choosing whether to use the Digital Services. Please be advised: These Terms of Use contain provisions that govern how claims you and Signet Armorlite have against each other are resolved (see Section 14 “Disputes with Signet Armorlite” below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to confidential, binding and final arbitration. You will only be permitted to pursue claims against Signet Armorlite on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Portions of the Digital Services may provide general information about vision, vision care and vision correction. This information is not intended to be a source of or substitute for medical advice. Use of the information provided is at your sole risk. If you suspect that you have a vision problem or medical condition requiring attention, contact a qualified professional as soon as possible.

Privacy

Signet Armorlite’s use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms of Use.

Information You Provide; Security

Whenever you provide us with information, you agree to: (i) provide true, accurate, current and complete information and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to the Digital Services and refuse any and all current or future use of the Digital Services (or any portion thereof).
You agree to immediately notify Signet Armorlite of any breach of security. Signet Armorlite reserves the right to take any and all action, as it deems necessary or reasonable, to help ensure the security of the Digital Services.

License

Conditioned upon your acceptance of these Terms of Use, Signet Armorlite grants you a limited, revocable non-exclusive license to access, use and display the Digital Services. You may download and print the material on the Digital Services and use and display the Digital Services solely for your non-commercial personal use, and for no other purposes unless specifically and expressly stated otherwise by Signet Armorlite. Signet Armorlite reserves all rights in and to the Digital Services not expressly granted to you under these Terms of Use.

Online Community

The Digital Services may offer opportunities to provide ratings, reviews, participate in an online forum, blog or other service (collectively, the “Online Community”) in which your comments are available to other users of the Online Community. You must be 18 to participate in our Online Community. If you choose to participate in our Online Community, as allowed for the particular Online Community, you may (i) post truthful and accurate ratings, reviews, comments, photos, and other content; (ii) send emails and other communications; and (iii) submit suggestions, ideas, comments, questions or other information (collectively “Online Content”), so long as the Online Content does not violate these Terms of Use, 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, email addresses, URLs, phone numbers, physical addresses or other forms of contact information, chain letters, mass mailings, or any form of “spam.”

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Online Content. Your conduct should be guided by common sense and basic etiquette. If you were provided with a product, prize or compensation by or on behalf of Signet Armorlite, you must disclose this fact in all Online Content. You must also disclose if you are an employee, vendor, supplier or are otherwise connected to Signet Armorlite or one of its affiliates if you are writing about any product or service of Signet Armorlite in your Online Content. Any opinions, advice, statements or other information provided or made available by third parties in the Online Community are those of the respective authors and not of Signet Armorlite. You agree that you are responsible for any Online Content that you post or submit that you make, and for any consequences thereof. Signet Armorlite has the right, but not the obligation, to monitor, edit, to not post and/or to remove any Online Content. By submitting Online Content, you agree that you are waiving the benefit of any provision of law known as “moral rights” or similar laws.

License for Online Content and Indemnity

If you do post or submit Online Content, and unless we indicate otherwise, you hereby grant Signet Armorlite 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 or format, now known or hereinafter devised. You hereby grant Signet Armorlite and its sublicensees the right to use the screen name or other name that you submit in connection with such Online Content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights in and to the Online Content that you post or submit; that the Online Content is accurate; that use of the Online Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify and hold harmless Signet Armorlite for all claims resulting from Online Content that you post or submit. Signet Armorlite takes no responsibility and assumes no liability for any Online Content posted by you or any third party.

Prohibited Conduct

You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the Digital Services. However, should you do so, you hereby grant to Signet Armorlite a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use the content of such communication in any manner whatsoever. You also agree not to: (i) access or attempt to access any information, documents or material that you are not authorized to access through any means not intentionally made available through the Digital Services; (ii) disrupt or interfere with the security of, or otherwise cause harm to, the Digital Services, including, without limitation, systems resources, accounts, passwords, servers or networks connected to or accessible through the Digital Services or any affiliated or linked websites, applications, materials, documents, or services; (iii) access or use the Digital Services in any manner that could damage, disable, overburden or impair any Signet Armorlite server and/or server used by Signet Armorlite in connection with the Digital Services or any network(s) connected to any Signet Armorlite server and/or server used by Signet Armorlite in connection with the Digital Services; (iv) use any material or documents in any manner that infringes any intellectual property rights or other rights of Signet Armorlite or any third party; (v) transmit unsolicited or bulk communications to any Signet Armorlite account holder or to any Signet Armorlite affiliated e-mail address; (vi) post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (vii) create a false identity for the purpose of misleading others; (vii) disrupt, interfere or inhibit any other user from using and enjoying the Digital Services or other affiliated or linked websites, applications, material, documents or services; (ix) violate any applicable laws or regulations related to the access to or use of the Digital Services, and/or any portion thereof, and/or engage in any activity prohibited by these Terms of Use; (x) prepare, compile, use download or otherwise copy any user information and/or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (xi) engage in any chain letters, contests, junk e-mail pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (xii) violate the rights of Signet Armorlite or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; (xiii) use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Digital Services or otherwise monitor or copy any portion of the Digital Services; and/or (xiv) use any Signet Armorlite domain name as a pseudonymous return email address.

Product Descriptions

We have made every effort on the Digital Services to display the dimensions, features and colors of our products as accurately as possible. However, the colors you see in our products will depend on your monitor or other display and we cannot guarantee that colors will be accurately displayed. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free.

Links to other Websites

The Digital Services may contain links to other websites and digital platforms not operated by Signet Armorlite. The links are provided for your convenience. The inclusion of any links to other websites or digital platforms does not imply endorsement by Signet Armorlite of those sites or platforms, or their contents. Signet Armorlite is not responsible for the contents, links or privacy of any linked website or digital platform. Access to any other websites or digital platforms linked to the Digital Services is at your own risk

Links to the Digital Services

You are expressly prohibited from framing or linking or otherwise using or displaying the Digital Services in such a manner so that it appears to be part of your own or someone else’s website or digital platform. You shall not deep link to or scrape any page on the Digital Services or otherwise link in a manner that bypasses the Digital Services home page, and you shall not harvest email addresses from the Digital Services.

Copyrights and Trademarks

Signet Armorlite and other marks, logos, graphics, and trade dress used on the Digital Services are Signet Armorlite’s trademarks or the trademarks of third parties, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All the materials and content contained on the Digital Services are copyrighted except where explicitly noted otherwise and are protected under national laws and international treaties throughout the world. The Digital Services may also contain material that is subject to the copyright rights of third parties.

Disclaimer

THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SIGNET ARMORLITE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE DIGITAL SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON- INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. FURTHER, SIGNET ARMORLITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES, WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED. SIGNET ARMORLITE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES. YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL SIGNET ARMORLITE, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS BE RESPONSIBLE OR LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES (INCLUDING, WITHOUT LIMITATION, CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES) AND/OR SIGNET ARMORLITE’S SERVERS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL SERVICES OR SIGNET ARMORLITE’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIGNET ARMORLITE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND/OR SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES, IS TO STOP USING THE DIGITAL SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Export Restrictions

Any software and all underlying information and technology downloaded from the Digital Services (collectively the “Software”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws, both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Disputes with Signet Armorlite

You and Signet Armorlite agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.

Contact Signet Armorlite First

If a dispute arises between you and Signet Armorlite, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Please contact us regarding disputes between you and Signet Armorlite related to the Digital Services, including, without limitation, its products and services.

Applicable Law

You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and Signet Armorlite, except as otherwise stated in these Terms of Use. You understand that the Digital Services are directed only to residents of the United States

Agreement to Arbitrate

You and Signet Armorlite each agree that any and all disputes or claims that have arisen or may arise between you and Signet Armorlite, EXCEPT FOR A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, SIGNET ARMORLITE’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS, shall be resolved exclusively through confidential, final and binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

a. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SIGNET ARMORLITE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SIGNET ARMORLITE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SIGNET ARMORLITE DIGITAL SERVICES USERS.

b. Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Signet Armorlite may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Signet Armorlite subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Signet Armorlite, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

c. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

d. Severability. With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then with respect to actions that would have been covered by subsection (a), the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms of Use, including all other provisions of Section 14 (Disputes with Signet Armorlite), will continue to apply.

Future Changes to the Agreement to Arbitrate

Notwithstanding any provision in the Terms of Use to the contrary, you and Signet Armorlite agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Signet Armorlite prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms of Use, any such termination shall not be effective until thirty (30) days after the version of the Terms of Use not containing the Agreement to Arbitrate is posted to the Digital Services, and shall not be effective as to any claim that was filed in a legal proceeding against Signet Armorlite prior to the effective date of termination.

Claims and Disputes Must Be Filed Within One Year

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Digital Services, including, without limitation, any Digital Services related product, services, Online Content or other content, must be commenced within one (1) year after the claim or cause of action arises.

Binding on Heirs and Assigns

This Section 14 applies to you and your heirs, successors and assigns.

Indemnity

You agree to indemnify and hold harmless Signet Armorlite, its employees, officers, representatives, suppliers and service providers from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (i) your use of the Digital Services, including, without limitation, any Digital Services related service or content on the Digital Services, including, without limitation, any information you provide to Signet Armorlite, Online Content or content submitted or transmitted by you via the Digital Services; (ii) any use of any password chosen by or issued to you; (iii) any information you download or access from or through the Digital Services; (iv) your interference with the operation of the Digital Services; and (v) any violation by you of these Terms of Use, any rights of any other person or entity, or any applicable laws, rules or regulations.

Waiver

Except as provided in Section 14.5, no delay or failure by either party to enforce any of the Terms of Use shall be a waiver of any of its rights under these Terms of Use

Entire Agreement

These Terms of Use are the entire understanding and agreement between Signet Armorlite and you with respect to the subject matter hereof.

General

The invalidity or unenforceability of any provision(s) of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use is found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The headings used in these Terms of Use are for convenience only, are not a part of this agreement, and do not affect the interpretation of any of the provisions of these Terms of Use.

STATEMENT ON SLAVERY AND HUMAN TRAFFICKING

Effective January 1, 2012, the California Transparency in Supply Chains Act of 2010 requires Signet Armorlite to disclose its efforts to eradicate slavery and human trafficking from its direct supply chain for tangible goods offered for sale.Signet Armorlite sets a high bar for itself regarding sustainability, labor and employment, and it expects the same from its suppliers. Through its parent, Essilor International, Signet Armorlite adheres to numerous internally-established policies based on the Ten Principles of the United Nations Global Compact at http://www.unglobalcompact.org/. In addition, and among many other efforts, Essilor International belongs to five major Social Responsibility Indices: ASPI Eurozone, ECPO Ethical Index EURO, FTSE4Good, Dow Jones Sustainability Index (DJSI) and Ethibel Excellence. These initiatives behind these indices guide Signet Armorlite’s business practices, including its selection and retention of suppliers providing goods or services to its subsidiaries and affiliates worldwide. For more detailed information about Essilor International’s sustainability and transparency policies, see Appendix 3 to the 2010 Registration Statement, Seeing the World Better 2003, and Seeing the World Better 2006, each available to view and download at http://www.essilor.com/en/Group/Sustainable/Pages/Publications.aspx. Based on the above description of Signet Armorlite’s policies and the efforts of Essilor International through numerous initiatives, Signet Armorlite has established robust practices and programs intended to promote global sustainability, as well as compliance with applicable laws regarding slavery and human trafficking in the countries in which Signet Armorlite does business.