TERMS OF USE
These Terms of Use were last updated November 13th, 2017.
These Terms of Use (“Terms”) are between you and Essilor of America, Inc. and its affiliated entities (“Essilor”, “we” or “us”). These Terms apply to Essilor’s websites, mobile applications and other digital platforms where they are posted, and set forth the terms and conditions upon which Essilor makes such websites, mobile applications and other digital platforms, and their contents, features, products and services (collectively and individually, the “Digital Services”) available to you.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DIGITAL SERVICES. THESE TERMS CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION AGREEMENT (SEE SECTION 21 “DISPUTES WITH ESSILOR”), WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON ESSILOR’S LIABILITY.
Portions of the Digital Services provide general information about vision, vision care and vision correction. As further described in Section 17, this information is not intended to be a source of or substitute for medical advice. IF YOU SUSPECT THAT YOU HAVE A VISION PROBLEM OR MEDICAL CONDITION REQUIRING ATTENTION, CONTACT A QUALIFIED PROFESSIONAL AS SOON AS POSSIBLE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
1. Your Contract with Essilor. These Terms are a contract between you and Essilor. BY USING OR BROWSING THE DIGITAL SERVICES OR BY CLICKING ON A BUTTON OR BOX MARKED “I AGREE” OR “I ACCEPT” OR BY TAKING OTHER ACTIONS THAT INDICATE YOUR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE DIGITAL SERVICES. We reserve the right at any time, with or without notice (i) to modify or terminate the Digital Services, or any portion thereof, and (ii) to suspend or terminate your access to the Digital Services or any portion thereof for any reason, including if you violate, or if we have reasonable grounds to suspect that you have violated, these Terms.
2. Modifications to the Terms. We may amend these Terms at any time by posting a revised version on the Digital Services. Except as otherwise expressly provided herein, the revised version will be effective at the time we post it. You are responsible for reviewing these Terms for updates.
If the revised version includes a Substantial Change (as defined below), we may provide thirty (30) days' prior notice of any Substantial Change by posting a notice on the home page of the applicable Digital Services. Where appropriate, such as where you have set up an account, you may be asked to check a box that you agree to the revised version of the Terms when you sign into your account. A "Substantial Change" means a change to the terms of these Terms that materially reduces your rights or increases your responsibilities.
3. Additional Terms. Some Digital Services may be subject to additional terms and conditions, such as click-through agreements that require your acceptance, official rules for promotions, and policies (“Additional Terms”). Such Additional Terms, which are incorporated by reference into these Terms, are intended to supplement, not replace, these Terms. However, to the extent of any conflict between any applicable Additional Terms and these Terms, the Additional Terms will prevail.
4. Privacy. Essilor’s use of your information is governed by our Privacy Policy, which is incorporated by reference into these Terms.
5. Accounts, Password and Security. Some portions of our Digital Services may permit or require you to create an account. You are responsible for maintaining the confidentiality of your account username and password. You should not permit others to use your account and you may not use anyone else's account at any time. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to take any and all actions we deem necessary or reasonable to help ensure the security of the Digital Services and your account, including terminating your account. Notwithstanding the above, you are responsible for all activities that occur under your account and we may rely on the authority of anyone accessing your account or using your password. Essilor shall not be liable for any damages resulting from (i) any action or inaction of Essilor under this provision, (ii) any compromise of the confidentiality of your account or password, and/or (iii) any unauthorized access to your account or use of your password.
6. License. Conditioned upon your compliance with these Terms, Essilor grants you a limited, revocable, non-exclusive license to access, use and display the Digital Services, and download and print the material on the Digital Services, solely for your non-commercial personal use and for no other purposes unless we specifically and expressly state otherwise. Our mobile applications are subject to the additional license terms and conditions set forth in Section 26 “Mobile Applications” below. Essilor reserves all rights in and to the Digital Services (including Essilor mobile applications) not expressly granted to you under these Terms.
7. User Generated Content. The Digital Services may offer opportunities to provide ratings, reviews, participate in an online forum, blog or other service (collectively, the “Online Community”) in which your comments and contributions are available to other users of the Online Community. You must be 18 to participate in our Online Community. Please remember that your User Generated Content may be publicly available and Essilor is under no obligation to treat it as confidential or private.
If you choose to participate in our Online Community, you may post or submit truthful and accurate ratings, reviews, comments, photos, and other content (collectively “User Generated Content”), as allowed for the particular Online Community, so long as your User Generated Content does not violate these Terms, is not illegal, obscene, vulgar, deceptive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, email addresses, URLs, phone numbers, physical addresses or other forms of contact information, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any User Generated Content. Your conduct should be guided by common sense and basic etiquette.
If we or our representatives provided you with a product, prize or compensation, you must disclose this fact in all User Generated Content. You must also disclose if you are an employee, vendor, supplier or are otherwise connected to Essilor if you are writing about any Essilor product or service in your User Generated 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 Essilor. Essilor takes no responsibility and assumes no liability for any User Generated Content posted by you or any third party. You agree that you are responsible for any User Generated Content that you post or submit, and for any consequences thereof. We have the right, but not the obligation, to monitor, edit, to not post and/or to remove any User Generated Content.
8. License and Indemnity for Your User Generated Content. Unless we indicate otherwise, if you post or submit User Generated Content, you hereby grant Essilor a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, print, transmit, translate, index, create derivative works from, distribute, display and otherwise exploit such User Generated Content throughout the world in any media or format, now known or hereinafter devised without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any third party. You hereby grant Essilor and its representatives and sublicensees the right to use the screen name or other name that you submit in connection with such User Generated Content, if we or they choose. By submitting User Generated Content, you agree that you are waiving the benefit of any provision of law known as “moral rights” or similar laws.
You represent and warrant (i) that you own or otherwise control all of the rights in and to your User Generated Content and have all permissions necessary to license the above rights to Essilor; and (ii) that your User Generated Content is accurate, does not violate any applicable law, rule or regulation, does not violate these Terms, and will not cause injury to any person or entity. You agree to indemnify and hold harmless Essilor, its affiliates, and their directors, officers and employees from all claims resulting from User Generated Content that you post or submit.
9. Your Conduct. Whenever you provide us with information, including when you create an account, 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.
You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the Digital Services. However, should you do so, you hereby grant to Essilor a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use the content of such communication in any manner whatsoever.
You also agree not to: (i) access or attempt to access any information, documents or material by working around any technical limitations in the Digital Services that limit your use of or access to the Digital Services; (ii) disrupt or interfere with the security of, or otherwise cause harm to, the Digital Services, including systems resources, accounts, passwords, servers or networks connected to or accessible through the Digital Services or any affiliated or linked websites, applications, materials, documents or services; (iii) access or use the Digital Services in any manner that could damage, disable, overburden or impair any server or network; (iv) infringe any intellectual property rights or other rights; (v) post or otherwise submit any software, programs or files that are harmful or disruptive to any equipment, software or other property, including corrupted files, time bombs, Trojan Horses, viruses and worms; (vi) create a false identity for the purpose of misleading Essilor or others or use any Essilor domain name as a pseudonymous return email address; (vii) disrupt, interfere or inhibit any other user from using and enjoying the Digital Services; (vii) violate any applicable laws or regulations related to the access to or use of the Digital Services; (ix) violate these Terms; (x) prepare, compile, scrape, harvest, download or otherwise use or copy any user information, usage information or any other information, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (xi) transmit unsolicited or bulk communications to any Essilor account holder or to any Essilor affiliated e-mail address or engage in any chain letters, contests, junk e-mail pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (xii) violate the rights (including rights of privacy and publicity) of Essilor or any third party or abuse, defame, harass, stalk or threaten another; and/or (xiii) use any robot, spider, or other such programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Digital Services or otherwise monitor or copy any portion of the Digital Services.
10. Shipping. Delays resulting from the carrier are not the responsibility of Essilor. We reserve the right to deny refunds, replacements or exchanges for shipments that are undeliverable or mis-delivered due to your error or the carrier’s error.
11. 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.
12. Typographical Errors. Essilor will not be liable for typographical errors, including, but not limited to, incorrect prices, on the Digital Services and we reserve the right to refuse or cancel any order or service in the event of a typographical error.
13. Third Party Services, Content and Websites. The Digital Services may integrate or contain services and content provided by third parties and may contain links to websites and digital platforms operated by third parties. Essilor does not control and shall have no responsibility or liability for such services, content, websites and digital platforms, which you access and use at your own risk. You should review the terms of use and privacy policy applicable to each service, website and digital platform you access or use.
14. Links to the Digital Services. You are expressly prohibited from framing, linking or otherwise using or displaying the Digital Services so that they appear to be part of your own or someone else's website or digital platform.
15. Copyrights and Trademarks. Essilor and other trade names, marks, logos, graphics, and trade dress used on the Digital Services are the trademarks of Essilor or third parties, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. Except where explicitly noted otherwise, all content on the Digital Services is copyrighted and protected under national laws and international treaties throughout the world. You may not copy or use the Digital Services, or any portion thereof, in any manner without our prior written approval. The Digital Services may also contain content that is subject to the copyright and other rights of third parties.
16. Digital Millennium Copyright Act Notice. We respect the intellectual property 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. Essilor’s designated agent for notice of copyright infringement is:
Attn: VP, Legal - Associate General Counsel
Essilor of America, Inc.
13555 N. Stemmons Freeway
Dallas, TX 75234
(214) 496-4591
phintergardt@essilorusa.com
It is our policy to terminate in appropriate circumstances account holders who are repeat infringers.
17. Medical Disclaimer; Eye Care Professional Locator. Portions of the Digital Services provide general information about vision, vision care and vision correction. This content is intended for informational purposes only. We do not provide medical advice or professional healthcare advice and the Digital Services should not be used as a source of or substitute for such advice. If you suspect that you have a vision problem or medical condition requiring attention, contact a qualified professional as soon as possible. If you are experiencing a medical emergency, call 911 immediately.
Although the Digital Services may provide you with the ability to locate eye care professionals (“ECP”) offering Essilor products through a “Where to Buy” or similar ECP locator feature (individually and collectively, “ECP Locator”) and may offer information and other content provided by ECPs and other healthcare professionals, your use of the Digital Services does not create a healthcare professional-patient relationship or a doctor-patient relationship with any with any ECP or other healthcare professional.
ECPs are required to keep the information contained in the ECP Locator regarding their practice reasonably current and accurate. However, such information is supplied by third parties and is not independently verified by Essilor. We make no representations or warranties of any nature with respect to such information, including the implied warranties of merchantability and fitness for any particular purpose. We urge you to verify the accuracy of this information with appropriate sources, such as the ECP’s office, insurance providers, state medical or professional licensing boards and relevant professional associations.
The ECP Locator is provided as a convenience to consumers to enable them to locate ECPs offering our products. Any other use is strictly prohibited. Although Essilor represents that ECPs designated as “Essilor Experts” possess specialized knowledge of Essilor’s products, WE DO NOT ENDORSE OR RECOMMEND, OR MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES PROVIDED BY, ANY INDIVIDUAL ECP OR ECP PRACTICE, INCLUDING ECPS DESIGNATED AS “ESSILOR EXPERTS” AND/OR ECPS REFERENCED OR LISTED ON, OR ACCESSIBLE THROUGH, THE ECP LOCATOR OR OTHER PORTIONS OF THE DIGITAL SERVICES. Exclusion from the ECP Locator does not indicate our disapproval of any ECP.
YOU ARE SOLELY RESPONSIBLE FOR CHOOSING YOUR ECP AND OTHER HEALTHCARE PROFESSIONALS. YOUR USE OF THE ECP LOCATOR AND DIGITAL SERVICES IS AT YOUR OWN RISK. We shall not be liable to you or others for any decision made or action taken in reliance on the information obtained from the ECP Locator or the Digital Services.
18. Disclaimer. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, (i) THE DIGITAL SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ESSILOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE DIGITAL SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING 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; (ii) ESSILOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE DIGITAL SERVICESWILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED; (iii) ESSILOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT THE DIGITAL SERVICES; AND (iv) YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF 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.
19. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL ESSILOR, 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, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA, LOST BUSINESS OPPORTUNITIES AND/OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES, OR UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL SERVICES OR ESSILOR’S SERVERS, OR ANY PERSONAL, FINANCIAL OR OTHER INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ESSILOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH 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.
20. 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 persons or entities listed on the U.S. Department of Commerce Bureau of Industry and Security 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.
21. Disputes with Essilor. You and Essilor 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 Essilor have against each other are resolved.
21.1 Contact Essilor First. We want to learn about and address your concerns and, if we are unable to do so to your satisfaction, provide you with a neutral and cost effective means of resolving any dispute quickly. Please contact us regarding any concerns related to the Digital Services.
21.2 Applicable Law. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Essilor, except as otherwise stated in these Terms. You understand that the Digital Services are directed only to residents of the United States.
21.3 Agreement to Arbitrate. You and Essilor each agree that any and all disputes or claims that have arisen or may arise between you and Essilor in connection with the Digital Services, except for a dispute relating to the enforcement or validity of intellectual property rights, shall be resolved exclusively through confidential, final and binding arbitration. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. 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 Essilor 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 Essilor 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 users of the Digital Services. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.
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 https://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, either you or Essilor may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the other party 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, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, 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.
d. Severability. With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a 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. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then with respect to actions that would have been covered by subsection (a), the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms, including all other provisions of Section 21 (Disputes with Essilor), will continue to apply.
e. Future Changes to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and Essilor agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Essilor prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms, any such termination shall not be effective until thirty (30) days after the version of the Terms not containing the Agreement to Arbitrate is posted to the Digital Services, and shall not be effective as to any claim that was filed in a legal proceeding against Essilor prior to the effective date of termination.
21.4 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 the Digital Services, including any claim required to be submitted to arbitration, 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.
22. Indemnity. In addition to your indemnity obligations under Section 8, you agree to indemnify and hold harmless Essilor, its employees, officers, representatives, suppliers and service providers from any judgment, settlement, loss, liability, damages and costs, including reasonable attorney's fees, arising from a claim or demand made by any third party due to or arising out of (i) your use of the Digital Services, including any information you provide to Essilor, your User Generated Content, or other information or content submitted or transmitted by you to through the Digital Services; (ii) any use of your password; (iii) any information you download or access from or through the Digital Services; (iv) your interference with the operation of the Digital Services; and (v) any violation by you of these Terms, any rights of any other person or entity, or any applicable laws, rules or regulations.
23. Waiver. No delay or failure by Essilor to enforce any of these Terms shall be a waiver of any of our rights under these Terms.
24. Entire Agreement. These Terms are the entire understanding and agreement between Essilor and you with respect to the subject matter hereof.
25. General. Except as otherwise expressly provided in these Terms, the invalidity or unenforceability of any provision(s) of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms is found to be invalid or unenforceable, these Terms shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The headings used in these Terms are for convenience only, are not a part of this agreement, and do not affect the interpretation of any of the provisions of these Terms. Any reference to the term “includes” or “including” means “includes, without limitation” or “including, without limitation,” respectively.
26. Mobile Devices and Applications. If you access or use Essilor Digital Services on a mobile device, messaging, data, roaming and other charges may apply. Essilor mobile applications may not work with your device. Essilor mobile applications are subject to the following additional terms:
26.1 Apple® (“Apple”) Mobile Devices (including iPhone®, iPad®, and iPod touch® mobile digital devices). By downloading, installing or using an Essilor mobile application available through the App StoreSM store for your Apple mobile device (the “Licensed Essilor Application for iOS”), you agree that your use of such Licensed Essilor Application for iOS is subject to and governed by the Apple Terms and Conditions (available at https://www.apple.com/legal/internet-services/itunes/us/terms.html#APPS), including the Standard EULA (as defined in the Apple Terms and Conditions). In addition, you agree that Essilor and its vendors and service providers may collect, store, and use information obtained from you or your device, including geolocation information and information related to push notifications, to provide services related to the Licensed Essilor Application for iOS. The rights conferred and obligations imposed by the Apple Terms and Conditions are in addition to, and not in lieu of, the rights and obligations established by these Terms, and the Apple Terms and Conditions and these Terms shall be interpreted, to the extent possible, so that there is no conflict between them. If there is any conflict between the Apple Terms and Conditions and these Terms, the Apple Terms and Conditions will control with respect to your use of a Licensed Essilor Application for iOS, except that Section 21 of these Terms (including the applicable law provision in Section 21.2) shall govern any dispute between you and Essilor.
26.2 Windows® Mobile Devices. By downloading, installing or using an Essilor mobile application available through the Microsoft® Store for your Windows mobile device (the “Licensed Essilor Application for Windows”), you agree that your use of such Licensed Essilor Application for Windows is subject to and governed by the Microsoft Terms of Sale (available at https://www.microsoft.com/en-us/store/b/terms-of-sale), including the Standard Application License Terms referenced in the Microsoft Terms of Sale (available at https://www.microsoft.com/en-us/servicesagreement/#STANDARDAPPLICATIONLICENSETERMS or such other URL as Microsoft may designate from time to time). In addition, you agree that Essilor and its vendors and service providers may collect, store, and use information obtained from you or your device, including geolocation information and information related to push notifications, to provide services related to the Licensed Essilor Application for Windows. The rights conferred and obligations imposed by the Microsoft Terms of Sale are in addition to, and not in lieu of, the rights and obligations established by these Terms, and the Microsoft Terms of Sale and these Terms shall be interpreted, to the extent possible, so that there is no conflict between them. If there is any conflict between the Microsoft Terms of Sale and these Terms, the Microsoft Terms of Sale will control with respect to your use of a Licensed Essilor Application for Windows, except that Section 21 of these Terms (including the applicable law provision in Section 21.2) shall govern any dispute between you and Essilor.
26.3 Android™ Mobile Devices. By downloading, installing or using an Essilor mobile application through the Google Play™ store for your Android mobile device (the “Licensed Essilor Application for Android”) you agree that your use of such Licensed Essilor Application for Android is subject to and governed by the Licensed Essilor Application for Android End User License Agreement set forth below. In addition, you agree that Essilor 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 Essilor Application for Android.
LICENSED ESSILOR APPLICATION FOR ANDROID
END USER LICENSE AGREEMENT
A. License; Scope. The Licensed Essilor Application for Android is licensed, not sold, to you. Subject to your prior acceptance of this Licensed Essilor Application for Android End User License Agreement (“EULA”), you are granted a limited, nontransferable license to use the Licensed Essilor 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 Essilor 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 Essilor 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 Essilor Application for Android. You agree that the terms of this EULA will apply to each Licensed Essilor Application for Android you license and any updates to the Licensed Essilor Application for Android provided by Essilor, 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 Essilor. Your rights under this license will terminate automatically without notice from Essilor 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 Essilor Application for Android.
26.4. External Services; Disclaimer. Essilor’s mobile applications may enable access to services and websites provided by Essilor 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. Location information provided by the Essilor mobile application 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. Essilor, its agents, licensors and content providers do not guarantee the availability, accuracy, completeness, reliability, or timeliness of medical information, stock information, location information or any other information or data displayed by Essilor mobile applications or any External Services. Essilor 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 local laws. Essilor reserves the right to change, suspend, remove, limit, or disable access to any External Services at any time without notice. In no event will Essilor 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 Essilor to disclose its efforts to eradicate slavery and human trafficking from its direct supply chain for tangible goods offered for sale.
Essilor sets a high bar for itself regarding sustainability, labor and employment, and it expects the same from its suppliers. Through its parent, Essilor International, Essilor adheres to numerous internally-established policies based on the Ten Principles of the United Nations Global Compact at https://www.unglobalcompact.org/. As of December 31, 2016, Essilor is included in the following indices: DJSI World & Europe, MSCI World ESG & SRI and World Low Carbon Leader, FTSE4Good, STOXX Global ESG Leaders, ECPI indices and Ethibel Sustainability Indexes Excellence Europe & Global. The initiatives behind these indices guide Essilor’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 Our Contribution to the Sustainable Development Goals, Essilor Supply Charter, and Sustainability Reports, each available to view and download at https://www.essilor.com/en/Group/Sustainable/Pages/Publications.aspx.
Based on the above description of Essilor’s policies and the efforts of Essilor International through numerous initiatives, Essilor 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 Essilor does business.