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Effective Date: September 1, 2021
Last Reviewed On: August 31, 2021

Recent Updates

We recently updated our Privacy Policy to change or add the following:

• We added a Privacy Policy Overview to highlight our commitment to the respectful collection, use, handling, and disclosure of Personal Information.
• We updated the instructions for exercising your access, data portability, and deletion rights.

NVI Privacy Policy Overview

At National Vision, Inc., one of our core values is that our people are empowered to do what is right, which includes how we handle information about our customers (“you” or “your”).  We value the trust that you have put into us when you provide us certain details about you, and we strive to do what is right when we collect, use, share, or destroy your Personal Information so that we can provide you the quality products and services you expect from us.  We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy.

Who Does this Privacy Policy Apply To?

This Privacy Policy (“Privacy Policy”) applies to National Vision, Inc. and all of our affiliates, and the businesses and websites that we operate under various banners, including , America’s Best Contacts & Eyeglasses, America’s Best Vision Plan, Eyeglass World, Vision Center Brought to you by Walmart, Vista Optical in Select Military Exchanges, and Vista Optical in Selected Fred Meyer Stores (for purposes of this Privacy Policy, collectively, “National Vision”, “we”, “us”, or “our”).
This Privacy Policy describes how we collect, use, and share information about you in the course of providing our services and products and explains your rights with regards to that information.  This Privacy Policy applies to information we gather (collectively, our “Services”):

• on our websites (nationalvision.com, americasbest.com, eyeglassworld.com, www.visioncenteronline.com, findvistaoptical.com) (our “Websites”),
• through the services and products we provide,
• from third-party health care providers for whom we provide management or administrative services,
• in email, text, and other electronic messages between you and us, and
• any other way we may collect or receive information about you.

This Privacy Policy does not apply to your protected health information (“PHI”), which is governed by our Notice of Privacy Practices (“HIPAA Notice”) available here.
Please read this Privacy Policy carefully. By accessing and using our Websites and Services, you agree that you have read, understand, and are bound by the terms and conditions set forth herein. This Privacy Policy is incorporated into and made a part of our Website Terms of Use, which are a legally binding agreement between you and us. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR WEBSITE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE WEBSITES OR SERVICES OR PROVIDE US WITH ANY PERSONAL INFORMATION. You should review this Privacy Policy periodically, as we may update it from time to time.

What Personal Information Do We Collect (and How Do We Collect It)?

• Non-Personal Information Collected
• Sources of Personal Information
• More About Cookies

How Do We Use and Share Personal Information?

• Disclosures of Personal Information for a Business Purpose
• Opting Out
• Sale of Personal Information
• Contests and Drawings
• Links to Third Party Websites
• Testimonials
• Prescription Verification
• Security
• Children's Privacy

What Are Your Rights and Choices About Your Personal Information?

• Updating Your Information
• Your California Privacy Rights
• Deletion Request Rights
• Exercising Access, Data Portability, and Deletion Rights
• Non-Discrimination

Changes to This Privacy Policy

Contact Us

What Personal Information Do We Collect (and How Do We Collect It)?

We collect several types of Personal Information from and about the users of our Websites.  “Personal Information” refers to any information about you which identifies you, by which you can be personally identified, or about your Internet connection, the equipment you use to access our Websites, and usage details.  We collect or obtain the following categories of Personal Information about you.  Please see “How Do We Use and Share Personal Information?” for more information about why we collect the categories of information below.

Non-Personal Information Collected

For purposes of this Privacy Policy, Personal Information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information that does not identify and cannot reasonably be linked to an individual or a household.
• Information excluded from the California Consumer Privacy Act’s (“CCPA”) scope, like:
  • health or medical information covered by HIPAA and the California Confidentiality of Medical Information Act (“CMIA”) or clinical trial data (please see our HIPAA Notice for more detail about the privacy of and your rights related to your health information); and
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FRCA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994.

Sources of Personal Information

We obtain all of the categories of Personal Information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase, including when you make appointments with a Practice or purchase products from our Websites or in our stores.
• Indirectly from you. For example, from observing your actions on our Websites using cookies or through your interactions with email communications from us. 
• From third-party service providers. For example, we obtain demographic data from third-party service providers to use for marketing analytics.

More About Cookies

We and our third-party service providers automatically collect statistics from your browser, email interactions with us, or device on site usage patterns and your preferences through cookies, web logs, web beacons, and third-party service providers. This information may include Internet protocol (IP) addresses, device ID and type, browser type, Internet service provider (ISP), referring/exit pages, the operating system used by your device, date/time stamp, your mobile device's geographic location, and/or clickstream data.
When you visit or interact with our Websites, we (or our third-party service providers) may also use cookies and other types of web technologies to collect technical and usage information. We may use services provided by Google and other data analytics companies to collect such information. For more information on how Google uses your information please see "How Google uses data when you use our partners' sites or apps", www.google.com/policies/privacy/partners. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We may link the information we store in cookies to any Personal Information you submit while on our Websites. When we link the information we store in cookies to any Personal Information you submit while on our Websites, we may use that information to send you offers online, via email, or through the mail.

We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. We use session ID cookies to allow visitors to easily navigate during checkout and access their account information. A persistent cookie remains on your hard drive for an extended period of time. We use a persistent cookie to welcome visitors returning to the site and to associate appropriate advertisements for our visitors.

Most Internet browsers allow you to disable, turn the cookie feature off, or reject cookies entirely by changing the settings on your Internet browser. Changing these settings may affect your ability to use certain features and functions of the Websites. Without a session ID cookie, your ability to complete a purchase and checkout will be limited.

If you are accessing our Websites on your mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer) or Advertising IDs (for iOS 6 and later), instead of cookies, to recognize you. We do this to store your preferences and track your use of our Websites. Unlike cookies, device IDs cannot be deleted, but Advertising IDs can be reset in 'Settings' on your iPhone.

You may interact with content on our Websites through social media plugins provided by Facebook, Twitter, Google and LinkedIn. We do not control the information that these companies collect when you choose to use their social media tools, whether through cookies or otherwise, nor do we control how these companies use any information they collect. We encourage you to review their privacy policies before interacting with these social media tools. 

How Do We Use and Share Personal Information?

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which you provided the information. For example, when you schedule an appointment with one of the Practices, we share the information you have provided with the respective Practice, and we use your Personal Information to assist the Practice in scheduling or rescheduling your appointment. The information you supply to us also is added to our customer database and may be used to send you communications regarding our Services or the Services of the Practices for which we provide various administrative services. These communications may be through emails, direct mailings, telephone calls, or text messages sent to your mobile device (with your consent where required by law). If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your Personal Information to facilitate new or repeat product orders, including to send you prescription reminders on behalf of the Practices, or process returns.
• To provide, support, personalize, and develop our Websites and Services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments, to confirm and communicate with you about appointments, Services, and to prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Websites, third-party sites, via mail, and via email or text message (with your consent where required by law).
• To help maintain the safety, security, and integrity of our Websites, Services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Websites and Services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your Personal Information.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users is among the assets transferred.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information to our third-party service providers for the business purposes described above:
            Category A: Identifiers.
            Category B: California Customer Records Personal Information categories.
            Category C: Protected classification characteristics under California or federal law.
            Category D: Commercial information.
            Category F: Internet or other similar network activity.
            Category K: Inferences drawn from other Personal Information.
We use third-party service providers to provide certain services on our behalf. As part of their services to us, these service providers may have access to some or all of the data that we maintain, including transaction data and your Personal Information, but they are always required to maintain the confidentiality of information they receive from us and are restricted from using the information for any purposes other than those authorized by us.
In addition to third-party service providers, we share all of the categories of Personal Information we collect with government entities (if required by law or reasonably necessary to avoid harm).

Opting Out of Communications

You may opt out of receiving (choose not to receive) some types of communications from us to you. The process by which you may opt out is described below, and may be identified in the communication you receive. If you would like to opt out of future emails, you may click on the “unsubscribe” link at the bottom of the email you receive, or call us at 1-800-637-3597.  If you would like to opt out of future direct mailings and telephone calls, you may do so by calling us at 1-800-637-3597. If you no longer want to receive text notifications, you may opt out of receiving further text messages by (a) replying STOP to the text you receive, or (b) by calling us at 1-800-637-3597. Your request to opt out of telephone calls and/or text messages will be recorded with your name and telephone number in our internal records. Your request to opt-out of emails and direct mails will be recorded with your name, email address, and physical address in our internal records. We will process opt out requests within a reasonable time.  It may take up to 30 days to process your requests related to direct mailings, text notifications, and telephone calls and up to 10 days to process your requests related to email.  You are not required to consent to receive emails, direct mailings, or telephone calls as a condition of purchase.  Please note that direct mailings are often prepared many weeks in advance, and you may continue to receive mail for 6 to 10 weeks.  Please also note that, even if you opted out of receiving marketing communications from us, we may still contact you for transactional or informational purposes, such as for customer service, exam appointment reminders, or product recalls.  We also may need to contact you with questions or information regarding any exams you have had or orders you have placed.

Sale of Personal Information

We are careful to share your Personal Information in ways that respect your privacy and only as descried in this Privacy Policy.  You are our valued customer, not a product, and our policy is that we do not and will not sell or rent your Personal Information to others for money, unless you give us your consent or direct us to do so.  All of the categories of Personal Information that we collect have been shared with other companies, including our affiliates and the Practices, for a business purpose.

Contests and Drawings

We may sponsor or host contests or drawings from time to time. Some contests may be offered in conjunction with a third-party sponsor, and you will be notified at the time of the contest as to whether a third-party sponsor is involved and whether the third-party sponsor will be receiving your Personal Information to send promotional communications or for other purposes. You have the ability to choose whether or not to enter the contest at that time based on the terms and conditions associated with that particular contest. Please read all terms and conditions carefully before making your choice.

Links to Third-Party Websites

Our Websites may include links to other websites whose privacy practices may differ from ours. If you submit Personal Information to any of those websites, your Personal Information is governed by their privacy policies. Please be aware that we do not endorse and are not responsible for the privacy practices of such other websites, and the Privacy Policy presented here does not apply to such third-party websites. We encourage you to carefully read the privacy policy of any website you visit.

Testimonials

We display personal testimonials of satisfied customers on our Websites in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you may contact us at privacy@nationalvision.com

Prescription Verification

We may verify your prescription information provided with your order with your doctor or eye-care provider as required by federal law. For more information about your Protected Health Information, please see our HIPAA Notice.

Security

We have implemented appropriate physical, electronic, and administrative procedures to safeguard and prevent unauthorized access to, maintain data security of, and correctly use the Personal Information we collect online. Please note that there is risk involved in using the Internet. Thus, our goal is to provide a reasonable level of security based on general industry standards. We therefore recommend that you use every precaution to protect your Personal Information when using the Internet and any other links. All transactions occur through our secure server, protected by a DigiCert® Secure Site Certificate. That means that we use encryption to secure Personal Information sent from your computer to our servers. In addition, credit card numbers and other sensitive information are encrypted in our database(s) to provide a second layer of security for your Personal Information. When credit card information is transmitted online, we use Secure Sockets Layer (“SSL”) server software to prevent unauthorized access to the information. SSL is a highly sophisticated method of scrambling data as it travels from your computer to our Website servers. You can identify the secure connection by looking for a locked padlock icon at the lower portion of your browser window or on the left side of the URL in the address/search bar.

Children's Privacy

Our Websites and Services are not directed to children under the age of 16 and we do not knowingly collect Personal Information from children. No one under age 16 may provide any Personal Information on our Websites.  It is our policy not to knowingly solicit or permit children under the age of 16 to provide their Personal Information for any purpose. In accordance with the Children's Online Privacy Protection Act of 1998 (“COPPA”) and our internal policies, if a person under age 16 submits information to us through any part of our Websites, and we know that the person submitting information is under age 16, we will not use it for any purpose. We will delete the information as soon as we discover it, and we will not disclose it to third parties. If you are under the age of 16, please do not use our Websites and our Services.

Your Rights and Choices About Your Personal Information

Updating Your Information

If you ever need to update or delete any Personal Information on file with us, you may call us at 1-800-637-3597 or email us at privacy@nationalvision.com If you need to update your Personal Information when re-ordering, you will have a chance to make changes to your payment information, shipping, and billing address(es) at checkout.

Your California Privacy Rights – California Consumer Privacy Act (CCPA)

The following rights apply only to California residents:
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting or selling that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you (also called a data portability request).
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
  • sales, identifying the Personal Information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

We do not disclose Personal Information to any third parties for their direct marketing purposes. In addition, under California law, website operators are required to disclose how they respond to web browser 'do not track' signals or other similar mechanisms that provide users with the ability to exercise choice regarding the collection of Personal Information of a user over time and across third-party websites, to the extent the operator engages in that collection. We do not respond to any such 'do not track' signals, as no one ‘do not track’ standard has gained consensus. California law also requires website operators to disclose whether third parties may collect Personal Information about their users' online activities over time and across different websites when the users use the operator's website. We do not knowingly permit third parties to collect Personal Information about an individual user's online activities over time and across different websites when a user uses our Websites. Third parties that have content embedded on our Websites (such as social networking features) may set cookies on a user's browser and/or obtain information about the fact that a web browser visited our Websites from a certain IP address. These third parties cannot collect any other Personal Information from our Websites unless you provide it to them directly.

Deletion Request Rights

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

• Calling us at 1-800-637-3597
• Completing the CCPA Request Form
• Emailing us at privacy@nationalvision.com

Only you, or a person or a business entity that is registered with the California Secretary of State that you authorize to act on your behalf (“Authorized Agent”), may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You (or your Authorized Agent) may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an Authorized Agent.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

In some instances, we may ask you to provide other documentation to verify your identity.  If this happens, we will contact you directly with this request.  We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.  If we cannot verify your identity with a high degree of certainty, we may only be able to provide a report with category-level information and we may not be able to delete some of your Personal Information.

• Making a verifiable consumer request does not require you to create an account with us.
• We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Authorized Agents use the same process as described above to submit requests.  Authorized Agents must provide a power of attorney or other documentation demonstrating their authority to submit a request on your behalf, as well as providing sufficient information to verify your identity. Please note that if you or your Authorized Agent submit a request over the phone, you (or your authorized agent) must also email your forms to privacy@nationalvision.com within 15 days of the request submission.

Non-Discrimination

We will not discriminate against you for exercising any of your California privacy rights under the CCPA. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Please know that if you ask us to delete your Personal Information, or you exercise your right to opt out of the sale of your Personal Information, it may impact your experience with us, and you may not be able to participate in certain programs or services which require usage of your Personal Information to function.

Your California Privacy Rights – Shine the Light

The following rights apply to California residents. We share Personal Information with other businesses with our affiliates. You may ask us for more information about this sharing and whether it affects you directly by contacting us at the address below.  See “How Do We Use and Share Personal Information?” for more information.
National Vision, Inc.
2435 Commerce Avenue NW
Building 2200
Duluth, GA 30096

Changes to This Privacy Policy

Our Privacy Policy may change from time to time. If we decide to change our Privacy Policy, we will update the “Effective Date” at the top of this Privacy Policy. Your continued use of the Websites or Services following the posting of revised Privacy Policy means that you accept and agree to the changes.

Contact Us

If you have any questions regarding this Privacy Policy or our privacy practices, please contact us at privacy@nationalvision.com  or call us at 1-800-637-3597.

Web Site User Agreement

This Web Site User Agreement (the “Agreement”) between you and National Vision, Inc. (“NVI”) d/b/a AMERICA'S BEST, details the terms and conditions of your permitted use of this website and associated mobile applications (“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 choose to continue to use or access this Web Site after having the opportunity to read the Terms, you recognize that NVI has provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. 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. THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You grant us the right to continue to send such emails until you specifically notify us that you wish to no longer receive emails from the Company.

Mobile Terms and Conditions

You may opt in to receive marketing notifications from America's Best through your mobile device. Message frequency may vary. Message and data rates may apply.

By opting in to this service, you consent to receive mobile text alerts at the phone number you provided. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.

By signing up, you are confirming you are over the age of 13.

AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.

We take your privacy seriously. Please visit our Privacy Policy for more information.

Trademarks and Domain Names

The trademarks, logos, service marks, trade dress, and domain names (collectively, the “Trademarks and Domain Names”) displayed on the Site are registered and unregistered Trademarks and Domain Names of National Vision, Inc. and its subsidiaries, as well as other companies. National Vision, Inc.’s Trademarks and Domain Names may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All trademarks and domain names not owned by National Vision, Inc. or its affiliates that appear on the Site are the property of their respective owners.

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.

Disclaimer of Warranty

THIS DISCLAIMER OF WARRANTY (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE WEB SITE.

THIS DISCLAIMER OF WARRANTY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM NVI.

THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT OF ANY NVI PRODUCT OR SERVICE, INCLUDING THE CONTENT OF ANY OFFER OR ADVERTISEMENT ON THE WEB SITE.

THE CONTENT OF THIS SITE IS PROVIDED BY NATIONAL VISION, INC. AS A SERVICE TO ITS CUSTOMERS. THE INFORMATION PROVIDED IN THIS SITE IS FOR INFORMATION PURPOSES. NVI IS NOT OFFERING THIS WEBSITE, IN WHOLE OR IN PART, FOR SALE TO YOU. THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEB SITE IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THIS WEBSITE IS PROVIDED FOR FREE. THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS MUST BE PRESENTED TO YOUR EYECARE PROFESSIONAL. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, VISTA OPTICAL DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. NATIONAL VISION, INC. AS WELL AS ALL OWNERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You agree that our sole obligation to you is to provide the Web Site as-is. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional willful misconduct or (b) a violation of a consumer protection statute in connection with the Web Site, we will not be liable to you or to any third party for your use of the Web Site.

Limitation on Liability

THIS LIMITATION ON LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS. YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Your Conduct

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain the Company’s express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

Our Rights

We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.

Use by Minors

This Web Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Web Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register on the Web Site. NVI reserves the right to terminate your membership in the event that NVI becomes aware you are under 18.

Submissions

We are pleased to hear from our customers and welcome your comments regarding our products or services, including the Site. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein. If you would like to edit or delete a published submission, please email us.

Applicable Law

By visiting this website, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between the parties.

Disputes

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS DISPUTES SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS. Any dispute relating in any way to your visit to this website or to products you purchase through us shall be submitted to arbitration in the state of Georgia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state of federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts. You and we agree to waive our right to trial by jury. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. You agree that any dispute shall be exclusively submitted to arbitration by decision of the arbitrator in the state of Georgia, with all matters to be decided by the arbitrator, including the scope of arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. If for any reason the American Arbitration Association is unable or unwilling to hear the arbitration, you and we agree to binding arbitration before an arbitrator appointed by the court. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You and we agree to pursue any dispute individually and shall not bring or participate in any class or collective action, including, without limitation, class arbitration. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Severance of Invalid Terms

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Termination

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

General Information

These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of this free Web Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Terms & Conditions - Contact Lens Sales

Please read the following Terms & Conditions carefully before submitting your order.

YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE WITH ALL OF THE FOLLOWING CONDITIONS:

• You must have a valid, current prescription for any contact lenses or prescription eyewear that you are ordering issued by a duly licensed eye-care professional located in the USA.
• You have not been advised by an eye care professional to stop or suspend wearing contact lenses for any medical reason. You will continue to have your eyes examined regularly by a licensed eye care professional.
• You will restrict your contact lens wearing schedule to the recommended wearing schedule established by your eye-care professional, and you will not exceed this recommended wearing schedule as this can lead to serious eye-health complications.
• You understand that you must take proper care of your contact lenses as directed by your eye care professional. Before using your contact lenses, you agree to carefully review all instructions and information provided by your eye care professional and/or by the contact lens manufacturer.
• You should never share your contact lenses with anyone. Contact lenses are classified as prescription medical devices by the FDA. Sharing can also lead to serious eye health complications and can spread infectious diseases.
• If you are having any unexplained eye discomfort, watering, vision change or redness, you will immediately remove your lenses and consult your eye care professional before wearing your lenses again.
• Health Insurance Portability and Accountability Act of 1996 (HIPAA). You grant us permission to share your contact lens prescription information and/or address information with Manufacturers and Distributors for the express purpose of completing your order. You also grant us permission to verify the information you have provided with your eye doctor and authorize your eye doctor to release that information to us. We will NEVER release any private information about you to anyone outside our company for any purposes other than as provided under HIPAA or as otherwise stated above.
• You agree that we may contact you by email or telephone in accordance with the policies outlined in our Privacy Policy.