Web Site User Agreement

This Web Site User Agreement (the "Agreement") between you and National Vision, Inc., a Georgia corporation ("NVI"), details the terms and conditions of your permitted use of this Web Site. The Web Site is designed as a shopping, and information resource. Your use of all, or any portion of, the Web Site, including but not limited to your downloading of information or ordering of any products from this Web Site, signifies your acknowledgement of the reasonableness of these terms, and your express agreement to be bound by these terms. If you do not agree to be bound by any, or all, of these terms, you are instructed not to access or use the Web Site, as your usage will be conclusively presumed to represent your agreement to be bound by the following terms.

Copyright

The text, images, graphics, button icons, logos, audio and visual clips, and software (together, the "Content") of this Web Site is the property of NVI, its related entities, or its suppliers, and is specifically protected by copyright laws of the United States of America and International treaties. Your use of this Content is restricted to personal, non-commercial, purposes.

Any reproduction, distribution, transmission, modification, publication, broadcast, or other exploitation of the Content, design, layout, or other individual elements of this Web Site without the express written consent of NVI is strictly prohibited and may constitute a violation of proprietary rights.

You should be aware that NVI is very protective of its property. Requests for consent to otherwise-prohibited use of this Web Site are rarely granted; however, if you have a reasonable request, we will certainly consider it. This is not to say we will consent, but we will consider it. Remember, ask before you act -- as any of the above-described uses without our express written consent are strictly prohibited.

To request such permission, or for more information, please contact us or send us an e-mail.

Trademark

NVI and its related entities, claim rights in its registered and unregistered trademarks, service marks, and tradenames (together, the "Trademarks"), including but not limited to the following:

ACTIVELITE (word), ALEXIS VISION (word)(SM), All Rays (design), ALL RAYS (word), Alway$ VALUE (design) (Mexico), Alway$ VALUE (design) (with frames), Alway$ VALUE (design) (Canada), Alway$ VALUE (design: stylized), Alway$ VALUE (France), ALWAYS CLEAR (Canada), Always CLEAR (design), ALWAYS CLEAR (Mexico), ALWAYS CLEAR (word), ALWAYS CLEAR (word: stylized), ALWAYS LITE (Canada), ALWAYS LITE (Czech Republic), Always LITE (design), ALWAYS LITE (France), ALWAYS LITE (Mexico), ALWAYS LITE (Slovakia), ALWAYS LITE (word), Always No-Line (design), ALWAYS NO-LINE (word), ALWAYS VALUE (Czech Republic), ALWAYS VALUE (Slovakia), AMERICAN VISION PLAN (word), CUSTOMLITES (word), DURASHIELD (word), DURAVIEW (word), ELI (design), ELI (word), EYECARE LEASING (word), EZ LITES (word), FLEX TECH (word), FRAME-N-LENS, GIORGIO VALENTE (Canada), GIORGIO VALENTE (design: stylized), GIORGIO VALENTE (Mexico), GIORGIO VALENTE (word), GIORGIO VINCENTE (design), GIORGIO VINCENTE (word), HEARTLAND COLLECTION (word), IVA (logo)(SM), IVA (word)(SM), LEE OPTICAL (word), LEE OPTICAL (word)(SM), LENS DIRECT (word)(SM), NATIONAL VISION, NATIONAL VISION ASSOCIATES, LTD.(word)(SM), NEVERGLARE (word), NVAL (logo)(SM), NVAL (word)(SM), NVAL HEALTHCARE SYSTEMS (word)(SM), NVAL NATIONAL VISION ASSOCIATES, LTD.(logo)(SM), NVAL VISIONCARE SYSTEMS (word)(SM), POLYSHIELD (word), Q&SG QUALITY & SATISFACTION GUARANTEED (logo)(SM), ROBERT LATOUR (word: stylized), ROBERT LATOUR EYEWEAR (logo), SMART BUYS (word), SMARTVIEW (word), SUREVALUE (word) (for glasses), SUREVALUE (word)(for lenses), ULTRA SPORT (design), ULTRA SPORT (word), ULTRATHIN (word), NATIONAL VISION NETWORK (word stylized)(SM), NVI OPTICAL (word)(SM), National Vision CENTERS (word), WHEN YOU KNOW…(word)(SM), YOUR EYECARE PROFESSIONALS (logo)(SM), ZEROLINE (word).

The above list is not intended to be exhaustive. NVI may claim rights in other Trademarks not specifically listed. All other trademarks appearing on this Web Site are the property of their respective owners.

Any use of the Trademarks must be made in compliance with State and Federal law. Use should include a brief statement that the particular Trademark "is a trademark of National Vision, Inc." Care should be taken to investigate whether the name is registered with the United States of America, and if it is, that fact should be recited also.

Privacy

NVI collects and archives personally identifiable information ("Personal Information") from our users on a voluntary basis.

The Personal Information you provide us in reference to any product orders, customer service comments, or other communications is collected so that we may serve you better. We will not sell or rent your Personal Information to other individuals or entities. We collect the Personal Information for our records so that we may: 1) better understand your, and our other customers', needs, 2) contact you with information about discounts or promotions we think you may find useful, and 3) improve our overall performance. If you do not want your Personal Information collected, please do not submit it to us.

If you, or any minor child for whom you are the parent or guardian, has submitted any Personal Information to us, and you would like for us to remove it from our records, please contact us at the addresses or phone numbers provided in this Agreement, and we will use our reasonable efforts to delete that Personal Information from our records.

NVI has provided, or may provide, a resource for you to make comments regarding our products, services, or this Web Site. If you do send us any suggestions, notes, ideas, concepts, or any other information (together, the "Suggestions"), you are expressly noticed that the Suggestions shall be deemed, and shall forever remain, property of NVI. NVI undertakes no duty to keep the Suggestions confidential or to otherwise protect the Suggestions or prevent their disclosure, publicly or privately. NVI shall be entitled to unrestricted use of the Suggestions for any purpose whatsoever, including but not limited to commercial use, without compensation to you.

Disclaimer

NVI DOES NOT REPRESENT OR ENDORSE THE ACCURACY OF ANY INFORMATION ON THIS WEB SITE. ACCORDINGLY, IT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN THE CONTENT OR OTHER INFORMATION PROVIDED ON THIS WEB SITE, AND YOU SHOULD NOT RELY ON IT.

THIS WEB SITE, AND ALL PRODUCTS, SERVICES, CONTENT AND OTHER INFORMATION ACCESSIBLE ON THIS WEB SITE, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. THE WEB SITE MAY CONTAIN BUGS, VIRUSES, OR OTHER PROBLEMS OR LIMITATIONS. NVI, ITS PAST AND PRESENT DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, INSURERS, AGENTS, ATTORNEYS, LEGAL REPRESENTATIVES, HEIRS, SUCCESSORS, ASSIGNS, SUBSIDIARIES, PARENT COMPANIES, AND EVERY OTHER LEGAL PERSON, FIRM, ENTITY, AND/OR CORPORATION SUCCEEDING TO ITS RESPECTIVE INTEREST (ALL THE FOREGOING, COLLECTIVELY, "NVI AND ITS AFFILIATES"), DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THIS WEB SITE AND THE PRODUCTS, SERVICES, CONTENT AND OTHER INFORMATION ACCESSIBLE ON, OR THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION, ANY BREACHES IN SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION TO OR FROM THIS WEB SITE, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. NVI AND ITS AFFILIATES (OR ANY OF THEM) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE, ARISING FROM THE USE OF THIS WEB SITE, OR ANY OF THE PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION ACCESSIBLE ON THIS WEB SITE (EVEN IF THE RESPECTIVE PARTY KNOWS OF THE POSSIBILITY OF SUCH DAMAGES).

IF, DESPITE THIS DISCLAIMER OF DAMAGES OF ANY KIND, NVI AND ITS AFFILIATES (OR ANY OF THEM) ARE HELD LIABLE FOR ANY DAMAGES HEREUNDER, THE SOLE AND MAXIMUM LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT, SERVICE, OR INFORMATION PURCHASED.

Changes to this Web Site

NVI reserves the right to make changes, at any time, to this Web Site, and this Agreement, including any or all of the conditions that govern your use of this Web Site. Accordingly, you must periodically review the terms, disclaimers, and conditions related to use of this Web Site for updates, or changes.

Opt-Out Provided (Email, Telephone and Mail)

We provide customers with the opportunity to “opt-out” or choose to be removed from future mailings (both email and direct mail) or telephone calls from National Vision. Opt-out information will be included with any non-personal or non-essential message sent to prior customers. A personal or essential message is one that would relate directly to the particular customer’s order or appointment.

Any opt-out request from an individual that requests not to receive telephone calls will be recorded, along with the individual’s name and telephone number, on our internal “do not call” list. The request will be honored within a reasonable time, not to exceed 30 days from the date the request is received.

Applicable Law

This Web Site is the property of NVI. It was created for, and is controlled by, NVI in Georgia. Use of this Web Site, including but not limited to all purchases of products from NVI, by means of, or in any way related to, use of this Web Site shall be governed by the laws of the State of Georgia, without giving any effect to any conflict of law provisions. Any legal action or proceeding in any way related to this Web Site and/or the purchase of products, services, or information found on this Web Site shall be brought exclusively in a federal or state court of competent jurisdiction in Gwinnett County, Georgia.

Entire Agreement

This Agreement constitutes the entire and only agreement between you and NVI, and supercedes any and all agreements, representations, warranties, and understandings with respect to the Web Site, products, services, Content, or other information provided by or through, or in any way related to this Web Site and the subject matter of this Agreement.

This Web Site is provided for your shopping and informational purposes only. No information on this Web Site is intended for your use in diagnosing or treating vision, or other eye or health problems or diseases. While we hope that you find our Web Site helpful in providing a shopping service and general information of interest, this Web Site is not intended to substitute for the advice of your vision-care professional. You should always consult your treating physician, or vision-care professional before using any kind of vision-care products. If you have, or think you may have, any vision, or other medical problem, contact your treating physician, or vision-care/health-care professional immediately. NO INDIVIDUAL OR ENTITY SHOULD USE THIS WEB SITE FOR PRESCRIBING HEALTH OR VISION PRODUCTS, OR ADVISING PATIENTS, ON VISION-CARE, OR OTHER HEALTH-RELATED MATTERS.