This is an important document that you must consider carefully when choosing whether to use the Digital Services. Please be advised that these Terms contain provisions that govern how claims you and Costa have against each other are resolved. 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 Costa 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.
These terms and conditions may be changed from time to time, and your use of the Digital Services following any such changes shall confirm your agreement to be bound by the Terms as modified.
The Digital Services are intended solely for the informational purposes of the reader, and cannot be relied upon for complete accuracy. Any information is not intended to diagnose health problems and does not replace the advice, diagnosis, or treatment of an eye doctor or medical professional. No representations are made, and no responsibility is assumed for the information contained on the Digital Services. Contact your eye doctor or a medical professional directly if you have any questions concerning your health or vision.
Links to Third Party Website
The Digital Services may contain links to other Digital Services ("Linked Sites"). The Linked Sites are not under the control of Costa and Costa is not responsible for the contents of any Linked Site, including without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. Costa is not responsible for webcasting or any other form of transmission received from any Linked Site. Costa provides Linked Sites only as a convenience, and the inclusion of any link does not imply endorsement by Costa of the Linked Sites or any association with its operators.
Your submission of contact information, no matter the type, to the Digital Services constitutes acceptance of certain Costa communications. Costa may contact you via surveys to conduct research or to solicit your opinion on current services or new services that may be offered. Costa may, from time to time, contact you on behalf of external business partners about an offering that may be of interest to you. You may opt-out of these communications at any time using the means provided in the communication.
No Unlawful or Prohibited Use
As a condition of your use of the Digital Services, you warrant to Costa that you will not use the Digital Services for any purpose that is prohibited by these Terms or unlawful. You may not use the Digital Services in any manner which could damage, disable, overburden, or impair the Digital Services or interfere with any other party's use or enjoyment of the Digital Services. You may not obtain or attempt to obtain any materials not intentionally made available or provided on the Digital Services.
Use of Communications Services
The Digital Services may contain discussion boards, chat areas, news groups, forums, communities, web pages, calendars, or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). The Communication Services are considered part of the Digital Services. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the Communication Services.
The Communication Services cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions, absent our prior written consent. Costa has no obligation to monitor the Communication Services. However, Costa reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
Costa may terminate your access to any or all the Communication Services (as week as the Digital Services) at any time without notice for any reason whatsoever.
Costa reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Costa’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children to or through a Communication Service. Costa does not control or endorse the content, messages or information found in any Communication Service and, therefore, Costa specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Costa spokespersons, and their views do not necessarily reflect those of Costa.
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.
Materials Provided to Costa
Any materials you provide to Costa (including feedback and suggestions) or post, upload, input or submit to the Digital Services (collectively "Submissions") shall be and remain the property of Costa and its affiliates. Costa is under no obligation to pay for or respond to Submissions. You hereby grant, and you represent and warrant that you have the right to grant, to Costa an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, and prepare derivative works of, incorporate into other works, and otherwise use, your Submissions, and to grant sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution concerning your Submissions.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.
Whenever you provide Costa 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 username 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 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 are solely responsible for your Submissions. You assume all risks associated with use of your Submissions, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your Submissions that makes you or any third party personally identifiable. You hereby represent and warrant that your Submissions do not violate the Terms. You may not state or imply that your Submissions are in any way provided, sponsored or endorsed by Costa. Because you alone are responsible for your Submissions, you may expose yourself to liability if, for example, your Submissions violate the Terms. Costa is not obligated to backup any Submissions and Submissions may be deleted at any time.
Website Revisions & Accuracy
Costa and its service provider may from time to time, revise the Digital Services and reserve the right to do so without recourse from you or any other user. You also agree that the Digital Services may contain inaccurate content— including potentially inaccurate pricing information associated with clerical or scriveners’ errors— and Costa reserves the right to change or alter all content, including but not limited to pricing, present on the Digital Services.
THE DIGITAL SERVICES AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE DIGITAL SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE DIGITAL SERVICES AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE DIGITAL SERVICES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE DIGITAL SERVICES (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE DIGITAL SERVICES, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE DIGITAL SERVICES AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE DIGITAL SERVICES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU SOLELY BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE DIGITAL SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE DIGITAL SERVICES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE DIGITAL SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE DIGITAL SERVICES OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE DIGITAL SERVICES.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold Costa harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of your use of, or activities in connection with, the Digital Services or your violation of the Terms. Costa reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or any other indemnitee hereunder and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Costa. Costa will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
If you are a California resident or resident of a state with a similar applicable law, you hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in Your state), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Costa may reject your use of the Digital Services at any time and for any reason in Costa’s sole discretion.
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.
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.
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.
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.
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 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.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
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, 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.
Entire Agreement & Assignment
These Terms constitute the entire agreement between the user and CDM with respect to the Digital Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CDM with respect to the Digital Services. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. CDM may also freely assign its rights and obligations under these Terms.
All of the content on the Digital Services including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and audio materials are copyrights, trademarks, and other intellectual property owned or controlled by CDM and its affiliates. You may not copy, reproduce, publish transmit, or otherwise use any copyrighted or trademarked materials present on the Digital Services without express written authorization to do so. You agree not to alter, delete, obscure, or change any proprietary rights affiliated with the Digital Services. CDM shall retain all rights in and to its copyrights, trademarks, trade names, brand names, and trade dress depicted on this site.
Costa mobile applications are subject to the following additional terms:
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.