Terms of use

EYEXAM OF CALIFORNIA, INC.

(EFFECTIVE AS OF JUNE 2025)

IMPORTANT - These TOU are a legal agreement (“Agreement”) between you ("You", or “you”) and EYEXAM of California, Inc. its parents, subsidiaries, affiliates, representatives, officers, and directors (collectively, “EYEXAM of California”, “us”, “we”, or “our”), as owner of www.eyexamofca.com (the “Website”), and govern your use of the Website.

BY ACCEPTING THIS AGREEMENT, YOU CONSENT TO A CLASS ACTION WAIVER. Please read this TOU carefully before using the Website and any online services software or apps (collectively “Services”) provided by EYEXAM of California that post a link to this TOU. By using or continuing to use our Services, You agree to be bound by and accept the TOU in effect at the time of such use. Your use of our Services is expressly conditioned upon your agreement to these TOU.

1. 1. LICENSE GRANT. The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by EYEXAM of California, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of EYEXAM of California, our licensors or certain other third parties, and is protected by US and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. EYEXAM of California owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. EYEXAM of California hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Services solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Services in any manner not expressly permitted herein. In addition, this license does not include any use of data mining, robots, or similar data gathering and extraction tools nor 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.
2. 2. USER REPRESENTATIONS. In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. If you use the Website, you are confirming that you are at least 18 years old. This Website is directed at users in U.S. only.
3. 3. PROPRIETARY RIGHTS. This TOU provides only a limited license to You to access and use the Services. Accordingly, You expressly acknowledge and agree that we transfers no ownership or Intellectual Property interest or title in and to the Services to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by EYEXAM of California. EYEXAM of California, the EYEXAM of California logo(s), and all other names, logos, and icons identifying EYEXAM of California and its products and services are proprietary trademarks of EYEXAM of California and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Services may be the trademarks and/or service marks of their respective owners
4. 4. CONTENT
   • a. Content submitted by You. From time to time We may make available on this Services bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities that offer the opportunity to post, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services. In such instances, We welcome your comments on our Services. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to EYEXAM of California ("User-Generated Content") must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Generated Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Generated Content, You grant EYEXAM of California a non-exclusive, unrestricted, unconditional, unlimited, cost-free, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, sell, re-sell, modify, alter, publish, publicly display, publicly perform, record, post, translate, transmit, broadcast, disclose, distribute, make derivative works of, and otherwise use the User-Generated Content, such that EYEXAM of California shall be and is entitled to use such User-Generated Content for any type of use and exploit in any manner whatsoever, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. You irrevocably waive and agree not to assert (and warrant that all individuals featured have waived and agreed not to assert) any moral rights in connection with the User-Generated Content. You expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Generated Content. By submitting any User-Generated Content to us, You represent and warrant that You are at least the age of majority in the jurisdiction in which you reside and are the parents or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that as to User-Generated Content you hold all necessary right, title and license to such User-Generated Content and that your submission of such materials to the Services does not and will not violate or infringe the rights of any third-parties or cause any harm to any person, including but not limited to intellectual property or privacy rights.
   
   
   • b. Non-confidentiality of content submitted by You. Except as otherwise described in any applicable Additional Policies you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, EYEXAM of California does not assume any obligation of any kind to you or any third-party with respect to your User-Generated Content. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable additional terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your User-Generated Content is submitted at your own risk.
5. 5. INFORMATION ABOUT THE WEBSITE
   1. a. We try to make sure that all information on the Services is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Services as soon as reasonably possible.
   
   
   2. b. If at any time you have any questions or concerns, please contact us at privacyoffice@luxotticaretail.com.
6. 6. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGMENT. If you are a copyright owner who would like to send us a notice to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement, you may submit such notice to us by contacting us here: OnlineIPenforcement@luxottica.com.
Copyright Complaints
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please notify us and provide the following information:


1. 1. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
2. 2. Identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
3. 3. Your name, address, telephone number and email address;
4. 4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
5. 5. A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either the owner, or is authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed;
6. 6. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Our agent for notice claims of copyright infringement on the Website can be reached as follows:
• Legal Department
• 4000 Luxottica Place
• Mason, Ohio 45040
• Email:OnlineIPenforcement@luxottica.com.
7. 7. RESTRICTIONS You agree not to modify, distribute, disclose or create works wholly or partially based on the Services. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Services, or in any case reproduce, copy, use or provide the Services, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Services is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.
8. 8. PRIVACY POLICY. Please review EYEXAM of California’s Privacy Policy for this Website found at for a description of EYEXAM of California’s personally identifiable information (“PII”) collection and use practices. By using the Service and visiting the Website, you also acknowledge, agree and consent to our PI collection and use practices as described in our Privacy Policy.
9. 9. AVAILABILITY AND CONTINUITY OF SERVICE. You acknowledge and accept that we reserve the right, at its own and complete discretion, to temporarily or permanently (i) suspend, terminate, or eliminate the Services, (ii) disable any access to the Services, and/or (iii) restrict, suspend, or terminate your account for any reason.
10. 10. LINKS TO OTHER SITES. We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”). Our Services may facilitate access to other sites or on-line social media networks or pages for your convenience. These Third- Party Services have not necessarily been reviewed by EYEXAM of California and are maintained by third parties over which EYEXAM of California exercises no control. This may include the ability to register or sign into our Services third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services. Accordingly, EYEXAM of California expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these Third-Party Services. Moreover, inclusion of any links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
11. 11. WARRANTY DISCLAIMER. AS PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY EYEXAM OF CALIFORNIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT, AND DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND “WITH ALL FAULTS” BASIS. SOME LAWS MAY NOT PERMIT CERTAIN DISCLAIMERS SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
12. 12. HEALTH DISCLAIMER. 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
13. 13. LIMITATION OF LIABILITY. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EYEXAM OF CALIFORNIA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, SERVICES, OR USER-GENERATED-CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF EYEXAM OF CALIFORNIA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EYEXAM OF CALIFORNIA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
14. 14. INDEMNITY As permitted by applicable law, by using this application, You agree to defend, indemnify and hold harmless EYEXAM of California and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Services; (ii) any User-Generated Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Services.
15. 15. ENFORCEMENT You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to EYEXAM of California, such injury would not be quantifiable in monetary damages, and EYEXAM of California would not have an adequate remedy at law. You therefore agree that EYEXAM of California shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
16. 16. TERM AND TERMINATION. This TOU will take effect at the time You begin using the Services. This TOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing all use of the Services. Sections 3, 4, 7, 8, 9, 10, 11, 12, 14, 15, and this sentence of this Section 16, will survive the termination of this TOU for any reason.
17. 17. WAIVER & SEVERABILITY Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, 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 TOU shall continue in effect.
18. 18. DISPUTE RESOLUTION: PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF

    THIS SECTION LIMITS THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION.

    • You and EYEXAM of California agree that, except where prohibited by applicable law, 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., the Illinois Biometric Privacy Act, 740 ILCS § 14/1 et seq., the Texas Capture or Use of Biometric Identifier Act, Bus. & Com. § 503.001 et seq., and other federal and state telemarketing and privacy laws. If a court decides that this prohibition of class and representative actions and non-individualized relief is invalid or unenforceable, then the remainder of the Agreement will continue to apply.
19. 19. APPLICABLE LAW & VENUE
    • a. 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.
    
    
    • b. Any action relating to use of this website or any transaction must be brought in the state or federal courts serving Hamilton 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.
20. 20. INDEPENDENT PARTY You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and EYEXAM of California as a result of this TOU or your utilization of the Services.
21. 21. ENTIRE AGREEMENT.This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Services represent the entire agreement between You and EYEXAM of California with respect to use of the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and EYEXAM of California with respect to the Services.
22. 22. NO ASSIGNMENTS. You may not assign or transfer any rights under this Agreement without the prior written consent of EYEXAM of California.
23. 23. UPDATES TO TERMS. EYEXAM of California may make changes to these TOU, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the TOU constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
24. 24. HEADINGS Headings are for convenience only.