Effective Date: February 15, 2017

BY ACCESSING THIS WEBSITE, YOU ARE AGREEING TO THE FOLLOWING TERMS OF USE:

1. BINDING AGREEMENT. This is a binding legal agreement between you (“Customer” or “you”) and ABSURDA.com(“Company” or “we”). By using this Internet site located at www.absurda.com (the “Site”), ordering glasses, or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Company from time to time in its sole discretion. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and stop all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE, INCLUDING ORDERING GLASSES FROM IT, YOU AGREE TO SETTLE ALL DISPUTES BY ARBITRATION IN FORT LAUDERDALE, FLORIDA, AND YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. HOLD HARMLESS. You agree that Company shall be held harmless as a result of any delay, failure to deliver, failure in performance or interruption of service, resulting directly or indirectly from: (a) acts of God, acts of any governmental agency, natural disasters, acts of war, insurrection or terrorism, strikes or lockouts, unauthorized network or computer intrusion, or Internet- or computer-related viruses, hacker attacks or other agents introduced by a third party, failure of the Internet and other conditions beyond our control, (b) any technical requirement for which Customer is responsible, (c) any intentional acts or omission of Customer, (d) any failure of any third-party service necessary for Company to provide Service hereunder.
3. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. Our separate Privacy Policy is expressly incorporated into this Agreement by this reference. When you are required to open an Account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. PRODUCTS & ORDERS. Certain products and services may only be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that Customer’s computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Company. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order Customer places with Company. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Customer agrees to provide current, complete and accurate purchase and account information for all purchases made at our store. Customer agrees to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Please review our complete Return Policy for additional information.

4. UPLOADS. All photos, text, addresses, descriptions, calculations, and your prescription information are kept for you when you enter My Account and remain on the Site and can be removed by you through your account. You may not copy or use any other photographs, text, logo(s), trademarks, illustrations, programs, systems or other features of the Site in any manner for any purpose other than to use this Site. All photographs and text you may upload for use on this Site and in social media such as but not limited to, blogs, Facebook and Twitter, are licensed to and subject to use by Company on this Site or on or in Company advertisements, banners or blogs.
5. CUSTOMER RESPONSIBILITY. Customer is responsible for correctly entering (1) Customer personal information (name, correct and complete address and shipping information), (2) Payment information (credit card number, expiration and code numbers), (3) Selection of a proper size frame, (4) Proper color(s) and shading selections (such as, photochromic, clip-on etc.), (5) Pupillary Distance (PD) and (6) Accurate Prescription (Rx) information. Once production has started, Company is not responsible for any data entry errors made by Customer.
6. RETURN POLICY.. If Customer is not satisfied with a product, Customer has 30 days from the date of delivery to return an item for a 100% refund (including shipping) issued back to the credit card or original method of payment used on the order. Any item not returned in its original condition and packaging, or after 30 days from the date of delivery, is subject to a case-by-case evaluation. Glasses returned with a manufacturing defect within the one-year Limited Warranty period will be replaced at no charge. No refunds will be issued to any card other than the credit card used on the order. If Customer does not have access to the credit card or original payment method on the order, then the amount of the refund will be issued as a credit only to the customer account used to place the order. Please review our complete Limited Warranty and Return Policy for additional information.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Customer may not post any other person’s information, data, names, trademarks or other data not your own to the Site or its forms, and Customer may not use or extract any data, text, photographs not yours, sounds, or other elements of this Site for any purposes.
8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site in its sole discretion. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
9. PROHIBITED USES. The Site is for input of your personal and prescription information only. You are prohibited from violating or attempting to violate any security features of the Site or Service.
10. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions that violate this Agreement or the law. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, any false, disparaging or defamatory statements, as well as any other user of your account. Company will notify you promptly of any claim, loss, liability, or demand.
11. THIRD-PARTY LINKS. Certain content, products and services available via the Service may include materials from third-parties.

Third-party links on the Site may direct you to third-party websites that are not affiliated with Company. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS. If, at our request, Customer sends certain specific submissions (for example contest entries), or without a request from Company, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to Company. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

13. ERRORS, INACCURACIES AND OMISSIONS.

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information on the Site has been modified or updated.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

We do not guarantee, represent or warrant that your use the Site or the Service will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the Site or the Service is at your sole risk. The Site and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law.
16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
17. ATTORNEY FEES. In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under these Terms of Use, the prevailing party shall be entitled to recover reasonable attorney fees and costs of suit or other proceeding.
18. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site, products offered and/or the Service; (c) discontinue the Site, products offered and/or Service at any time; and (d) modify or revise prices for our products and/or the Service. In addition, Company shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service
19. ARBITRATION. Customer agrees to submit any claim, controversy, or disagreement regarding the use of the Site, orders, processing, fulfillment, products or their use, or any other issues arising out of these Terms of Use or use of the Site and its products and the Service to arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules in Fort Lauderdale, Florida. Customer further agrees that the above controversy may be submitted to one arbitrator selected from the panels of arbitrators of the AAA and that judgment of a court having jurisdiction may be entered upon the award.
20. ACKNOWLEDGEMENT. BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
21. NO NOTICE OF CHANGES TO TERMS OF USE. From time to time and at its sole discretion, Company may post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
22. INTERNATIONAL. We offer free international shipping. Please note that shipping charges do not include taxes or duties. The customer is responsible for paying customs, duties, and/or VAT. Once the package leaves the United States, we have no control over how much your taxes will be. If a package is refused and we are charged shipping and/or duties, that amount will be deducted from the original order before a refund is credited.All international orders are shipped via DHL. Please allow up to 72 business hours for your order to process, and an additional 7-10 business days to receive your package.***All applicable custom fees, taxes and duties are the sole responsibility of the customer. Custom authorities require that we state the value of your order directly on your package. It is at the sole discretion of custom agents to release your package. Note, in rare occasions custom agents may delay delivery of some packages.All prices listed on our site are in US dollars, and charged in US dollars. The bank that has issued your credit card determines the exact exchange rate that you will pay, but in general it will match very closely with the going exchange rates. To get an estimate of approximately what the exchange rate currently is, click the below link:

    XE.com – Foreign Exchange Rate Calculator

    By placing an order at absurda.com, you are responsible for  all applicable custom import fees and the cost of return shipping back to us. This also applies to any shipments that are refused by you at delivery.

“Pick and Taste” Four Glasses for Five Days

Effective Date: February 15, 2017

Absurda.com offers a free five-day Pick and Taste program to help you pick the perfect glasses. You may choose four frames (SUN or EYE, with non-prescription lenses) to try on at home for a five-day period (the “Taste Period”). Once you select your glasses from our Pick and Taste program, we will verify your credit card information, which may pre-authorize a full charge on the credit card you provide to us. The full charge is for security purposes only and should typically disappear within about 48 hours of you placing your Pick and Taste order, although the exact timing will depend on your issuing bank. When you use our Pick and Taste program, you agree to return all Pick and Taste glasses to us in their original condition within the Taste Period, using the pre-paid return packaging we provide. If the Taste Period ends, and any of the glasses that have not been returned, or were returned damaged, we will charge your credit card for the full amount of each pair of glasses that are missing or damaged ($120 per acetate, metal, injection or combination glasses and $150 per titanium glasses, plus sales tax where applicable). That means this charge applies to glasses that you decided to keep or are lost, stolen or damaged. By submitting your Pick and Taste order, you authorize Absurda.com to charge your card for the full retail price of each frame as displayed on our site, plus sales tax where applicable, if you do not return your Pick and Taste glasses according to the guidelines described below. However, if you need additional time, just contact us and we can authorize an extra day or two.

In order to avoid being charged, your Pick and Taste return package will need to be postmarked (on its way back to us) by the fifth full day after delivery. If your Pick and Taste period ends on a weekend or holiday, just drop the return package in the mail on the next available day. Remember, if you need an extra day or two, just contact us.

If you decide to purchase any of the glasses you received during the Taste Period, you may do so by placing a new order at Absurda.com.

Currently, our Pick and Taste program is only available to customers who live in the 50 United States.