Thank you for visiting the Costa Del Mar, Inc. (“Costa”) website (“Website”). Costa is owned and operated by Luxottica of America Inc. (“Luxottica”).
By accepting this Agreement, you agree all disputes will be resolved using binding arbitration and consent to a class action waiver. Before using this Website and/or the services associated, please read these Terms carefully. If you do not accept these Terms, please do not use this Website.
- ACCOUNTS & REGISTRATION
- WEBSITE PROMOTIONS & TRANSACTIONS
- ERRORS, INACCURACIES, OR OMISSIONS
- CONSENT TO CONTACT
- WEBSITE USE
- USER COMMENTS, FEEDBACK, AND SUBMISSIONS
- LINKS TO THIRD PARTY WEBSITES
- COPYRIGHT INFRINGEMENT CLAIMS
- DISCLAIMER, LIMITATION OF LIABILITY, & INDEMNITY
- DISPUTE RESOLUTION & AGREEMENT TO ARBITRATE
- APPLICABLE LAW & VENUE
- MODIFICATIONS & SEVERABILITY
You must be 18 years or older to use this Website or 16 years or older, have your parent or guardian’s consent to use this Website and your parent or guardian must have consented to this Agreement on your behalf.
ACCOUNTS & REGISTRATION
To use certain features of the Website, you must register as a user and create a user account. You will need to provide a password, username, and other information, such as your name and email address. You are solely responsible for keeping your account information confidential. Your use represents and warrants that all information you submit during the account registration process is truthful and accurate. You agree to promptly inform us of any changes to your account information, including but not limited to any changes to your email address or telephone number, if you have provided us with this information.
You acknowledge and consent to Luxottica accessing, preserving, and disclosing your account information if required to do so by law or based on a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that the account information violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Luxottica, its personnel, and the public.
WEBSITE PROMOTIONS & TRANSACTIONS
We reserve the right to refuse or cancel any order placed on the Website for any reason. Reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or error. We reserve the right to limit order quantities placed by the same account, the same payment method, and/or the same billing or shipping address. We reserve the right, in our sole discretion, to prohibit purchases of any products to resellers, dealers, and distributors. We reserve the right to charge fees or extra shipping charges for any product that is backordered.
Merchandise availability is not guaranteed and is subject to change.
Depending on your location, items purchased from this Website may be subject to state and local taxes. Amounts owed will be displayed during the ordering process.
No contract for the sale of goods between Luxottica and any customer occurs until acceptance of payment.
All items purchased from this Website are made pursuant to a shipment contract, which means the risk of loss and title for such items passes to you upon Luxottica’s delivery to the carrier.
ERRORS, INACCURACIES, OR OMISSIONS
Information on this Website may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
This Website attempts to accurately display product colors, however, the color you see may vary depending on your monitor or mobile device.
CONSENT TO CONTACT
Text Messages & Emails
You agree that by including your telephone number in any submission and opting in to receive text messages you are providing your signature consenting to contact from Costa at the number you provided regarding products or services via live, automated or prerecorded call, text, or email. You understand that you are not required to enter into the receipt of text messages and/or emails as a condition of purchase. You can revoke consent to receive text messages by texting STOP to 52363”
You may receive texts from Costa regarding your account, purchases, or special offers from Costa. Message and data rates may apply. The maximum number of messages per month vary depending on which subscription list you are enrolled in. You can unsubscribe at any time by texting STOP to 52363. You will receive a text confirming unenrollment. If you have questions, reply HELP to 52363 or contact Costa at 1-855-692-6782.
Costa will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to Costa as part of this service. Costa may use this information to contact you and provide services you request from Costa. Costa may also use this information as described in the subscription list you enrolled in.
By including your email in any submission, you expressly consent to receive communications from Luxottica electronically via the email address associated with your account. Although you can opt out of receiving promotional messages, Luxottica retains the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
Voice Recording and Monitoring Consent
Use of this Website must not violate any applicable law or regulation. Unless otherwise noted, all content included on this site, including images, illustrations, designs, icons, photographs, video clips, text, and other material (“Intellectual Property Rights”), is the property of Luxottica or its suppliers, licensors, partners, or affiliates and is protected by United States and international copyright laws. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Luxottica and their affiliates’ trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without prior written permission.
The Website is intended solely for personal, non-commercial use. Subject to your compliance with this Agreement, Luxottica grants you a limited, nonexclusive, non-transferable and revocable license to make personal and non-commercial use of the Website. You may view, copy, download, or print materials from this Website for your own personal and non-commercial use only. This does not include posting, uploading, or otherwise publishing the materials to any other site, except you may post and share materials from this Website in connection with your non-commercial and personal use on social media websites and services, such as Facebook, Instagram, and Twitter, as well as through blogs or similar types of postings.
This license does not include (a) any commercial use of this Website; (b) any derivative use of the Website or its contents; (c) any collection or use of product listings, descriptions, images or videos; (d) any downloading or copying any user’s account information for your own use or for the benefit of another party; (e) any use of data mining, robots, or similar data gathering and extraction tools (f) any reverse engineering, decompiling or disassembling the Website, or converting any contents intended to be unreadable into readable form, including but not limited to, using or directly viewing the underlying code for the Website, except as interpreted and displayed in a web browser; or (h) any attempt to violate or any violation of the Website’s security or attempt to interfere or any interference with the Website’s ability to work properly.
We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Website, to terminate any user's account, and to alter or delete any material submitted to the Website through the user's account. Following termination or cancellation by you, the Terms of this Agreement and any representations, warranties, and indemnification obligations made or undertaken by you will survive termination or cancellation of your account.
USER COMMENTS, FEEDBACK, AND SUBMISSIONS
Costa may make the Website available for users to post or upload materials. However, if you post comments, photos, reviews or other content on our Website or send Luxottica creative ideas, suggestions, customers reviews, photographs, proposals or any other materials, whether online, by email, or postal mail, (collectively “User Content”), you hereby expressly grant Luxottica a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense, or otherwise distribute and display the User Content and any ideas, concepts, know-how or techniques contained therein without restriction and without compensation of any kind to you.
You agree that User Content does not violate any third party right, including copyright, trademark, privacy or other personal or proprietary right or cause to injury any person or entity. You specifically agree User Content is NOT: (a) unlawful (according to local, state, federal, or international law) or advocate illegal activity; (b) defamatory, false or libelous, or contain unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material; (c) a violation of a contractual or fiduciary obligation; (d) contain software viruses or malware that could affect the operation of the Website; or (e) an impersonation of another person or entity or otherwise manipulate identifiers in order to disguise the origin of any User Content provided. You are solely responsible for any User Content and its accuracy. Luxottica takes no responsibility and assumes no liability for any User Content posted by you or any third party.
We do not and are not obligated to regularly review, monitor, delete, or edit User Content. However, we reserve the right to do so at any time in our sole discretion, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any User Content, or from our alteration or deletion of any User Content, even when we are advised of the possibility of such damages.
LINKS TO THIRD PARTY WEBSITES
This Website may contain links to other websites or resources that are not under Luxottica’s control. Links are provided solely for your convenience and the information is not an endorsement of the information, products, or services. Luxottica takes no responsibility for any linked websites.
Luxottica and/or a co-sponsor may offer contests, sweepstakes, games, or similar promotions (“Contests”) via the Website. Contests are governed by separate and specific rules accessible on our Website or another location provided in the Contests instructions.
To the extent applicable, software from the Website is subject to United States Export Controls. No software from this Website may be downloaded or exported: (a) into, or to a national or resident of, any other country to which the United States has embargoed goods; or (b) to anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software on the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
COPYRIGHT INFRINGEMENT CLAIMS
Luxottica respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act (“DMCA”). If you believe any portion of the material contained on this Website infringes your copyright, please submit the following information to the address below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located on the Website.
- A statement by you that you have a good faith belief that use of the material is not authorized by you, the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
4000 Luxottica Place
Mason, Ohio 45040
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
Luxottica may at its discretion, suspend or terminate the access of or take other action against users, subscribers, registrants, and account holders who infringe the copyrights of others.
DISCLAIMER, LIMITATION OF LIABILITY, & INDEMNITY
This Website, its content, and all products and services are provided on an "As Is" basis. Luxottica disclaims all warranties of any kind, either express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Luxottica does not make any warranty that Website access will be uninterrupted, error free, complete, up to date, or free of viruses, worms, or other harmful components.
Your use of the Website is at your own risk. Neither Luxottica nor its affiliates or vendors shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, incidental, punitive, consequential, special, or otherwise), injury claim, or liability of any kind or character based on or resulting from your use or inability to use this Website, any information or materials provided on this Website, or any products or services purchased through the Website, even if Luxottica has been advised of or should have known of the possibility of such damages or injury.
Luxottica is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with this Website or any materials on the Website, or with this Agreement, your sole and exclusive remedy is to discontinue use of the Website.
In no event shall the aggregate liability of Luxottica, its parent, subsidiaries, or affiliates—whether in contract, warranty, tort (including, but not limited to, negligence), product liability, strict liability, or other theory—arising out of or relating to the use of this Website exceed the lesser of $5, or the total amount you paid to Luxottica.
Any Terms related to the disclaimer of warranties, your obligation to indemnify Luxottica, and your available remedy in the event of any dispute apply equally with respect to any affiliated companies or third-party agents.
Any general health information on this Website is only intended to facilitate communication between you and your healthcare provider. It is not intended for diagnosis or as a substitute for seeking professional medical advice. All specific medical questions should be directed to a professional healthcare provider.
You agree to indemnify, defend and hold harmless Luxottica, its subsidiaries, agents, distributors, and affiliates, and their officers, directors, and employees, from and against any claim, demand, damages, cost, and expenses, including reasonable attorney fees and costs of litigation, arising from or related to your use of this site and the services provided in connection with the Website, or your breach of any provision of this Agreement or any warranty provided hereunder.
Some jurisdictions do not allow the exclusions of certain warranties or the limitation or exclusion of liability for damages. Therefore, some of the above indemnities, limitations, and disclaimers may not apply to you.
DISPUTE RESOLUTION & AGREEMENT TO ARBITRATE
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, and the right to participate in any form of class action.
You and Luxottica each agree that any and all disputes or claims with or against any party that relate to or arise from your use of or access to this Website, or any products or services sold, offered, or purchased through our Website shall be resolved exclusively through final and binding arbitration, rather than in court. The sole exceptions to this requirement are (a) either party may assert individual claims in small claims courts if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and (b) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and Luxottica agree that each of us may bring claims that relate to or arise from your use of or access to our Website, any products or services sold, offered, or purchased through our Services, or communications (including calls, texts, or emails) that relate to or arise from your use of or access to our Website only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq., and other federal and state telemarketing and privacy laws. Unless both parties 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 if a consolidated, representative, or class proceeding. 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 our other users.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
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 and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us 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 us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. Each party shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. Notwithstanding anything to the contrary, Luxottica will pay all fees and costs that we are required to pay by law.
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
If an arbitrator or 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, except if an arbitrator or court decides that any of the provisions under the subheading “Prohibition of Class and Representative Actions and Non-Individualized Relief” of this Agreement to Arbitrate are invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement will continue to apply.
APPLICABLE LAW & VENUE
The law applicable to the interpretation and construction of this Agreement and any transaction using or related to the Website, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Ohio, USA, without regard to principles of conflict of laws, subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating your access to or use of the Website, including all disputes will be governed by the laws of the United States and by the laws of the State of Ohio. Any action relating to use of this Website or any transaction must be brought in the state or federal courts serving Warren County, Ohio, for any lawsuit or court proceedings permitted under this Agreement. You consent and submit to the personal jurisdiction of such courts for the purposes of any such actions. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
MODIFICATIONS & SEVERABILITY
Luxottica may make changes to these Terms, from time to time, in its sole discretion, by updating the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law or court order, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
You are an independent party. No joint venture, partnership, employment, or agency relationship exists between you and Luxottica as a result of this Agreement or your utilization of this Website.Luxottica may assign, transfer, or subcontract any of our rights or obligations under this Agreement to any third party at our discretion.
No delay by Luxottica in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect Luxottica’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Luxottica in writing.