Portions of the Digital Services 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.
2. Registration, Password and 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).
Some portions of our Digital Services may require you to register to open an account. You will be asked to choose a password and a user name or screen name. Please select a password that would not be obvious to someone trying to guess your password. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password and/or account identification. You agree to immediately notify Costa of any unauthorized use of your password or account or any other breach of security. Costa reserves the right to take any and all action, as it deems necessary or reasonable, to help ensure the security of the Digital Services and your account, including without limitation terminating your account, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Costa may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Costa be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Costa under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time.
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 Costa, 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 Costa or one of its affiliates if you are writing about any product or service of Costa 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 Costa. You agree that you are responsible for any Online Content that you post or submit that you make, and for any consequences thereof. Costa has the right, but not the obligation, to monitor, edit, to not post and/or to remove any Online Content. By submitting Online Content, I am waiving the benefit of any provision of law known as “moral rights” or similar laws.
7. Shipping. Delays resulting from the carrier will be handled in a timely manner but are not the responsibility of Costa. Failure to correctly input your address or input any part of your address will cause delays in your shipment. Costa reserves the right not to refund or exchange products that were shipped to an incorrect address or an address that was missing information consequently making them undeliverable. International Shipments: When requesting to ship products outside of the United States, please be aware that you are responsible for any additional duties, taxes, or other related charges customs may charge. Please check with your country's customs office to determine what these additional costs may be.
8. 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.
9. Typographical Errors. In the event that a product or service listed on the Digital Services is mistakenly listed at an incorrect price, Costa reserves the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. Costa reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Costa will issue a credit to your credit card account in the amount of the incorrect price paid.
10. Links to other Websites. The Digital Services may contain links to other websites and digital platforms not operated by Costa. The links are provided for your convenience. The inclusion of any links to other websites or digital platforms does not imply endorsement by Costa of those sites or platforms, or their contents. Costa 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.
11. 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.
12. Copyrights and Trademarks. Costa and other marks, logos, graphics, and trade dress used on the Digital Services are Costa’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.
13. Digital Millennium Copyright Act Notice. Costa respects the intellectual property rights of others, and asks you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Digital Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Digital Services where the material that you claim is infringing is located; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Costa’s designated agent for notice of copyright infringement is:
Attn: Legal Department
Costa Del Mar, Inc.
2361 Mason Avenue Suite 100
Daytona Beach, FL 32117
14. 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 COSTA 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, COSTA 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. COSTA 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.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE, SO THE ABOVE EXCLSION AND LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL COSTA, 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 COSTA’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 COSTA’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 COSTA 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.
16. 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.
17. Disputes with Costa. You and Costa 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.
17.1 Contact Costa First. If a dispute arises between you and Costa, 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 Costa related to the Digital Services, including, without limitation, its products and services.
17.3 Agreement to Arbitrate. You and Costa each agree that any and all disputes or claims that have arisen or may arise between you and Costa, EXCEPT FOR A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, COSTA'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 COSTA 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 COSTA 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 COSTA 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 Costa may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Costa 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 Costa, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, 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.
17.5. 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. This section applies to you and your heirs, successors and assigns.
20. Mobile Applications. Costa mobile applications are subject to the following additional terms:
20.2 Android™ Mobile Devices. By downloading, installing or using an Costa mobile application through the Google Play™ store for your Android mobile device (the “Licensed Costa Application for Android”) you agree that your use of such Licensed Costa Application for Android is subject to and governed by the Licensed Costa Application for Android End User License Agreement set forth below. In addition, you agree that Costa and its vendors and service providers may collect, store, and use information obtained from you or your device to provide services related to the Licensed Costa Application for Android.
LICENSED COSTA APPLICATION FOR ANDROID
END USER LICENSE AGREEMENT
A. License; Scope. The Licensed Costa Application for Android is licensed, not sold, to you. Subject to your prior acceptance of this Licensed Costa Application for Android End User License Agreement (“EULA”), you are granted a limited, nontransferable license to use the Licensed Costa Application for Android on any Android mobile device that you own or control and as permitted by the usage rules set forth in the Google Play Terms of Service (available at: https://play.google.com/intl/en_us/about/play-terms.html). You may not lease, lend, sell, transfer, distribute, or sublicense the Licensed Costa Application for Android. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Costa Application for Android or any part thereof, and any attempt to do so may subject you to prosecution and damages; provided, that such restrictions shall not apply to the extent i) prohibited by applicable law, or ii) permitted by the license terms governing use of any open-source components included with the Licensed Costa Application for Android. You agree that the terms of this EULA will apply to each Licensed Costa Application for Android you license and any updates to the Licensed Costa Application for Android provided by Costa, unless such update is accompanied by a separate license, in which case the terms of that license will govern.
B. Term and Termination. This license is effective until terminated by you or Costa. Your rights under this license will terminate automatically without notice from Costa if you fail to comply with any term(s) of this EULA. Upon termination of this license, you shall cease all use of, and destroy all copies of, the Licensed Costa Application for Android.
C. External Services; Disclaimer. The Licensed Costa Application for Android may enable access to services and websites provided by Costa and/or third parties (collectively and individually, "External Services"). Use of External Services requires Internet access and use of certain External Services may require you to agree to additional terms. Medical information provided by the Licensed Costa Application for Android or any External Service is for general information purposes only and should not be relied upon for medical diagnostic or treatment advice. Location information provided by the Licensed Costa Application for Android or any External Services is for general information or basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage, or other harm. Neither Costa, nor its agents, nor any of its licensors or content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of medical information, stock information, location information or any other information or data displayed by the Licensed Costa Application for Android or any External Services. Costa makes no representation that such External Services are appropriate or available for use in any particular location. If you use or access External Services, you do so at your own initiative and risk, and are responsible for compliance with all applicable laws, including but not limited to applicable local laws. Costa reserves the right to change, suspend, remove, limit, or disable access to any External Services at any time without notice. In no event will Costa be liable for the removal of, disabling access to, or limiting use of or access to any such External Services.
STATEMENT ON SLAVERY AND HUMAN TRAFFICKING
Effective January 1, 2012, the California Transparency in Supply Chains Act of 2010 requires Costa to disclose its efforts to eradicate slavery and human trafficking from its direct supply chain for tangible goods offered for sale.
Costa sets a high bar for itself regarding sustainability, labor and employment, and it expects the same from its suppliers. Through its parent, Essilor International, Costa 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 Costa’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 Costa’s policies and the efforts of Essilor International through numerous initiatives, Costa 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 Costa does business.