Terms of Service

ACCEPTANCE OF TERMS


Welcome to Altair®. The following terms and conditions (“Terms and Conditions”) govern your access to and use of this Web site (“Site”).


By accessing the Site or using its current or future services, you indicate that you have read, understand, and accept these Terms and Conditions. Altair Eyewear, Inc. and its affiliates (“Altair”) are permitting you to use the Site subject to these Terms and Conditions and our Privacy and Security Policy. If you do not agree to be bound by these Terms and Conditions and our Privacy and Security Policy, you are not authorized to use or access our Site and should exit immediately.


Altair reserves the right to modify these Terms and Conditions at any time in its sole discretion. Any use of the Site or its services following modification of these Terms and Conditions will be deemed acceptance of those modifications. Please review these Terms and Conditions periodically for the most recent version. Subject to applicable law, any modification of these Terms and Conditions will apply to all transactions and information then or thereafter in the control of Altair and its service providers and suppliers. These Terms and Conditions and our Privacy and Security Policy constitute the entire agreement between you and Altair with respect to the subject matters contained therein.


Any questions, comments or complaints regarding the Site should be directed to the Altair Customer Service Team at altaircs@vsp.com. If you are a California resident, Consumer Assistance at the Division of Consumer Services of the Department of Consumer Affairs is at 1625 North Market Boulevard, Suite N. 112, Sacramento, CA 95834 or (800) 952.5210.


ALTAIR SERVICES


Altair operates this Site to facilitate the sale of non-prescription eyewear and sunwear frames to eye care professionals (“ECP”). Certain areas of the Site may be restricted to ECPs having an active account. You understand and agree that Altair, at its discretion, at any time and without notice, reserves the right to modify, enhance, or supplement the Site or the services provided through the Site. You further understand and agree that any such changes will automatically constitute part of the services and as such, will also be subject to these Terms and Conditions unless expressly stated otherwise. You understand and agree that Altair, at its discretion, at any time and without notice, reserves the right to discontinue the Site, the services or both, including without limitation access to any content, products, or services offered in connection with the Site, in whole or in part, temporarily or permanently. Altair takes no responsibility and assumes no liability to you or any third party for any such modification or discontinuation.


Altair hopes to make the Site available all day, every day, with the exception of scheduled maintenance. Many factors, however, impact the availability of the Site, including without limitation maintenance, system or equipment failure, or problems encountered with suppliers or service providers, and Altair does not guarantee the availability or functionality of the Site at all times.


USING YOUR PASSWORD


An ECP will be assigned a username and password by Altair when the ECP becomes an active Altair customer. An ECP will be required to enter its user name and password to access restricted areas of the Site. All content or instructions transmitted by or received from anyone presenting your password on the Site will be deemed binding on you. You agree that you are solely liable for all actions taken via your username and password, including without limitation all communications, submissions, or financial obligations, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone who is not you may have obtained access to your password, change the password immediately. If you are unable to change your password or you suspect unauthorized activity with your password and username, contact the Altair Customer Service Team at (800)-505-5557 or altaircs@vsp.com immediately.


Altair only accepts valid credit cards or other payment methods as indicated on the Site (“Payment Method”). By submitting your payment information, you represent and warrant that you are authorized to use the Payment Method and that you authorize Altair (or its third party payment processor on Altair’s behalf) to charge to that Payment Method. If the Payment Method is invalid, cannot be verified, or is otherwise unacceptable, Altair may suspend or cancel your order without notice. You agree to keep your Payment Method current until the order is complete and to quickly resolve any problems that Altair encounters while processing your order. You shall make and keep a copy of all records relating to your order, including without limitation your order confirmation page.


All prices are listed in U.S. dollars and are subject to change without notice. Any applicable taxes and shipping and handling charges are additional. All items are subject to availability (even if shown to be available on the Site) and Altair reserves the right to impose quantity limits, to reject all or part of an order, and to discontinue products without notice.


RESTRICTIONS ON USE


In addition to the other restrictions provided in these Terms and Conditions, you may not, while accessing or using the Site, engage in any of the following activities: (a) harvest or collect information about any users of the Site; (b) use any robot, spider, site search, or retrieval application or automatic device to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content; (c) modify the information, content, programs, or other materials on the Site or hack into or access the server or Site in an unauthorized manner; (d) frame or mirror any part of the Site; (e) use the Site in a manner inconsistent with applicable laws, rules, and regulations; (f) upload or input to the Site any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any portion or system of the Site; or (g) reverse engineer, decompile, disassemble, translate, or otherwise alter any portion of the Site.


THIRD PARTY SITES, PRODUCTS, AND SERVICES

Altair may link to various external websites that are not under the control of Altair and you agree that Altair is not responsible for the content, products, or services sold by any linked site or any link contained in a linked site. Altair does not assume any responsibility or liability for the actions, products, or content of any of these or other third party Web sites. Links are provided solely for your convenience and Altair does not guarantee the accuracy or completeness of, or endorse any content of any external Web site. Altair reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and in no event will Altair be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of any external Web site. Altair is not affiliated with any third party site.


PRIVACY


To understand our privacy practices, please review our Privacy and Security Policy, which is incorporated herein by reference. Although Altair may provide links to external Web sites on this Site, Altair is not responsible for the privacy practices employed by those external Web sites. Altair cannot guarantee the security of any data submitted through the Internet.


OWNERSHIP


All content on the Site, including without limitation the text, graphics, images, URLs, script, ALTAIR® trademark, and logos, is the property of Altair or its content suppliers and business affiliates and is protected under the copyright, trademark, and other laws of the United States and or other jurisdictions. Nothing on the Site grants you any right or license to use any of the content on the Site without the express written permission of Altair. Except as may be explicitly permitted on the Site, you shall not copy, modify, display, post, upload, republish, distribute, sell, license, create derivative works from, or transmit anything you obtain or view on the Site unless you first obtain Altair’s written permission.


Except with regard to personal information, all information you post on the Site or communicate to Altair through the Site or otherwise (collectively, “Submissions”) will forever be the property of Altair. Altair shall not treat any Submission as confidential and shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You hereby represent that your Submission does not infringe the rights of any third party.


LIMITATION OF LIABILITY


REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL ALTAIR, ANY ALTAIR AFFILIATE, CONTRACTOR, SUPPLIER, SERVICE PROVIDER, EMPLOYEE, AGENT, OR LICENSOR OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS SERVICES (THE “ALTAIR AFFILIATES”) BE LIABLE IN ANY MANNER WHATSOEVER (A) FOR ANY DECISION MADE OR ACTION TAKEN OR OMITTED BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE; (B) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (C) FOR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR CONTENT, THIRD PARTY CONTENT, OR OTHER INFORMATION; AND (D) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES, LOST PROFITS, LOST DATA ON YOUR EQUIPMENT, OR OTHERWISE, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE OR ITS SERVICES (INCLUDING WITHOUT LIMITATION ANY SERVICE, PRODUCT, INFORMATION OR FUNCTIONALITY), EVEN IF ALTAIR OR THE ALTAIR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR MISREPRESENTATION. THE AGGREGATE LIABILITY OF ALTAIR AND THE ALTAIR AFFILIATES RISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO (A) THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ALTAIR FOR THE TRANSACTION AT ISSUE OR (B) SUBSTITUTION OR REPLACEMENT OF THE ITEM GIVING RISE TO THE DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON YOUR JURISDICTION.


DISCLAIMER OF WARRANTY


USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. ALTAIR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE AND ITS SERVICES. EXCEPT AS SET FORTH BELOW, THE SITE AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALTAIR DOES NOT WARRANT THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITE ARE ACCURATE, RELIABLE, UNINTERRUPTED, OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITE IS FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON YOUR JURISDICTION.


These Terms and Conditions are not intended to negate any express consumer warranties provided to you in connection with Altair eyewear purchased.


INDEMNIFICATION


You agree to defend, indemnify and hold harmless Altair and Altair Affiliates from all liabilities, claims and expenses, including without limitation attorneys’ fees, that arise from your use of the Site or any services, information or products on the Site, or any violation of these Terms and Conditions.


THIRD PARTY BENEFICIARIES


Except as expressly stated otherwise, there are no third party beneficiaries of these Terms and Conditions.


TERMINATION


Altair may suspend or terminate your use of and access to the Site immediately at any time without notice, with or without cause. Any actions in violation of these Terms and Conditions may subject you to civil and criminal legal penalties and Altair reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions.


CHOICE OF LAW AND FORUM


These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without reference to its choice of law rules.


Any and all disputes which arise out of or relate to use of the Site, these Terms and Conditions, or the purchase of and/or use of Altair eyewear shall be resolved through final and binding arbitration before a single arbitrator chosen by the parties in Sacramento, California in accordance with the rules and regulations of JAMS then in effect. Both parties understand and agree that arbitration shall be instead of any civil litigation and that the arbitrator’s decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof.


This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive jurisdiction of the federal and state courts in the Sacramento, California, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. Any legal proceedings will be conducted in English.


NOTICE AND COMMUNICATIONS


In the event you provide your email address to the Site, you agree that Altair or its suppliers and service providers may communicate with you by e-mail about current or past Altair promotions and all related matters, including without limitation delivering notices or disclosures to you. Altair or its suppliers and service providers reserve the right to communicate with you by other means, including without limitation postal mail, from time to time.


SEVERABILITY


If any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of any other provision. The unenforceable provision will be amended so as to best accomplish the objectives of the provision within the limits of applicable law.


NO WAIVER


Neither the failure nor delay of Altair to exercise any right, remedy, power, or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege, nor will any waiver of any right, remedy, power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by Altair.


NOTICE OF AVAILABILITY OF FILTERING SOFTWARE


IT IS ALTAIR’S VIEW THAT THE SITE DOES NOT CONTAIN MATERIALS THAT WOULD TYPICALLY BE THE SUBJECT OF FILTERING SOFTWARE. NEVERTHELESS, ALL USERS ARE HEREBY INFORMED BY ALTAIR, THE PROVIDER OF THIS INTERACTIVE COMPUTER SERVICE, THAT PARENTAL CONTROL PROTECTIONS (SUCH AS COMPUTER HARDWARE, SOFTWARE OR FILTERING SERVICES) ARE COMMERCIALLY AVAILABLE THAT MAY ASSIST IN LIMITING ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS. A REPORT DETAILING SOME OF THOSE PROTECTIONS CAN BE FOUND UNDER THE CHILDREN’S INTERNET PROTECTION ACT: REPORT ON THE EFFECTIVENESS OF INTERNET PROTECTION MEASURES AND SAFETY POLICIES. SEE


HTTP://WWW.NTIA.DOC.GOV/NTIAHOME/NTIAGENERAL/CIPA2003/INDEX.HTML.


NOTICE OF NO HARVESTING OR DICTIONARY ATTACKS ALLOWED


ALTAIR WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES PROVIDED IN CONNECTION WITH THE USE OF THE SITE TO ANY OTHER PARTY FOR THE PURPOSE OF INITIATING OR ENABLING OTHERS TO INITIATE EMAIL MESSAGES EXCEPT AS STATED IN THE PRIVACY AND SECURITY POLICY OR BY YOUR CONSENT. EXCEPT FOR PERSONS REFERENCED IN THAT POLICY (IF ANY) AS AUTHORIZED RECIPIENTS OF THOSE ADDRESSES, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (A) INITIATE THE TRANSMISSION TO OUR COMPUTERS OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (B) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.


WEB SITE CONTENT


The content of this Web site is for general informational awareness purposes in the United States only. Please consult your eye care provider for actual advice. Altair shall not be deemed to be engaged in the corporate practice of optometry or medicine as a result of providing this Web site, and expressly disclaims responsibility for any consequences related to any use, misuse, and/or interpretation of the Web site or any of the information contained herein/therein.