Terms of service

OVERVIEW
This website is operated by Liberated Eyewear, Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Liberated Eyewear, Inc.. Liberated Eyewear, Inc. offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and legal action may commence.

(A)- Virtual Try On By selecting our Virtual Try On you agree to give us access to your camera to measure your PD range, and observe your live video so you can see how you look in our products. We do not store or share these measurements. We only collect and use the data while you are using Virtual Try On. For more information, please see our privacy policy.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4a- Warranty and Service Protection Plan

Terms and Conditions
This is a legal contract (referred to hereinafter as the "Plan "). By purchasing it, you understand that it is such a contract and acknowledge that you have had the opportunity to read the terms and conditions set forth herein. This is not a contract of insurance.


Instructions: You must keep the receipt (packing slip) for this product; it is an integral part of this Plan and you may be required to reference it to obtain service. This Plan, including the terms, conditions, limitations, exceptions and exclusions, the sales receipt containing the term of this Plan, commencement date and product identification, constitute the entire agreement.


To Obtain Service: If your product experiences a Non-Adapt, Doctor’s Remake, or breakdown, return it to our location 3680 Wilshire Blvd. P04-1546 Los Angeles, CA 90242 from your online purchase, or any other participating Liberated Eyewear location if you are unable to return to your original location. Please have your Plan handy and be prepared to tell us which product needs service and the nature of the problem. Foreign language assistance is available for your convenience.

What is Covered: This Plan covers parts and labor costs to repair your product in the event your product experiences a breakdown which is not covered under any other warranty or service contract. We will repair or replace the product, at our discretion, when required due to a breakdown. Non-original manufacturer's parts may be used for repair of the product if the manufacturer's parts are unavailable or more costly. You are responsible for delivery or the cost of delivery of your product to the authorized service center for repair, per our instructions. There may be a co-pay, see the Co-Pay section below for more information. If the covered product cannot be repaired, if the cost of the repair exceeds the original purchase price, or if parts are no longer available due to the age of the product or due to discontinuance by the manufacturer, we will replace your product with a product of like kind and quality that performs to the factory specifications of the original product. At our sole discretion, we may require that you return the covered product to our shipping location condition to receiving a replacement product.

Term of Coverage: Your term and coverage commences on your date of purchase and continues for the period indicated on your sales receipt. The term of this plan can be extended an additional two (2) weeks to accommodate for the preparation of your product.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Prescription glasses and sunglasses or Services may be available exclusively online through the website. Customer assumes responsibility for prescription accuracy .

These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: www.liberatedeyewear.com

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your 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 Services 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 anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this 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.

Section 5b-PRESCRIPTION LENES

By submitting a prescription, the customer certifies it was issued by a licensed optometrist or ophthalmologist, and that the information is accurate and up-to-date.

A valid prescription within the last year from a licensed optometrist is required. Prescriptions are filled by R&D Optical Lab based in the USA.  It is essential to consult with a licensed optometrist or ophthalmologist who will assess your vision and provide you with a valid prescription based on your specific eye needs. Your information will never be shared and your prescription will only remain on file and never shared 30 days after your order is completed and is HIPPA protected.

Please double check all prescription details prior to ordering to ensure that you have sent in a copy of the most current and accurate prescription. By agreeing to our Terms of Service the customer (you) assumes responsibility for prescription accuracy; you are agreeing that you have correctly provided Liberated Eyewear with a valid and current prescription or manually entered in correct and valid prescription information. Liberated Eyewear is responsible for accurately fulfilling your original prescription as the corporation is not responsible for changes in your corrective vision thereafter nor any errors you have made on your prescription upon entry. 

However, you can obtain a Protection Plan to ensure that any corrections to your prescription is honored. Liberated Eyewear staff, labs or partnerships will not be held liable for inaccuracy should you enter or send in the incorrect details of your prescription on our website. Errors made by the consumer are non-refundable. Additionally, we will not be held liable for negligence or improper care. Please consult with your eye doctor should you have additional questions on your corrective needs. Files are encrypted for HIPPA compliance.

Section 5c- HSA (Health Savings Account) and FSA (Flexible Spending Account) payments, as well as the Letter of Medical Necessity (LMN):

1. Acceptance of HSA and FSA Payments
Liberated Eyewear accepts payments via Health Savings Accounts (HSA) and Flexible Spending Accounts (FSA) for eligible eyewear purchases. Customers are responsible for ensuring their purchase qualifies under their specific HSA/FSA plan guidelines.

2. Eligibility of Products
Prescription eyewear, including frames and lenses, generally qualify for HSA/FSA reimbursement. However, non-prescription eyewear, accessories, and other fashion items may not be eligible. Customers should consult their plan administrator for clarification.

3. Letter of Medical Necessity (LMN) Requirement
For certain eyewear purchases, including specialized lenses or upgrades, an HSA/FSA provider may require a Letter of Medical Necessity (LMN) from a qualified healthcare provider. It is the customer’s responsibility to obtain and provide this documentation to their plan administrator as needed.

4. Reimbursement Process
Liberated Eyewear provides itemized receipts for HSA/FSA claims, but it is the customer's responsibility to submit claims to their plan provider. Liberated Eyewear does not guarantee reimbursement and is not responsible for denied claims.

5. Compliance with IRS Guidelines
Customers acknowledge that HSA/FSA purchases must comply with IRS regulations. Any misuse of funds for non-eligible products may result in tax penalties. Liberated Eyewear is not liable for any consequences related to the misuse of HSA/FSA funds.

6. Returns and Exchanges
If a purchase is made using HSA/FSA funds, any return or exchange must comply with the applicable rules of the HSA/FSA provider. Refunds may not be processed back to an HSA/FSA account, and customers should verify their provider’s policies before initiating a return.

Section 5c Affiliate Marketing

• 30 days cookies
• Tiered commission 10% 
  
• Boones for top affiliates
  
• Real time reporting and sales tracking
  
• Ad creatives including banners, text links and coupons
  
• Bonus for referring new affiliates to join program
• Comision is paid through corporate PayPal.

How It Works?

Registers and join our affiliate program- Add our links to your channel,-Customer place order from your Liberated Eyewear affiliate link. -Liberated Eyewear will pay you commission.

• Before start, please take a few minutes to read our PPC policy for correct promotion.

  • ·Affiliates MUST NOT bid on Liberated Eyewear, Inc. trademark terms on any search engine.
  • ·Affiliates are not permitted to bid on Liberated Eyewear, Inc. + "term" on any search engine, e.g. "Liberated Eyewear, Inc. glasses", "Liberated Eyewear, Inc. optical", "Liberated Eyewear, Inc. eyeglasses", etc.It's permitted to use Liberated Eyewear, Inc. coupon in your advertisement words. Please kindly note it.
  • ·Affiliates MUST NOT use www.liberatedeyewear.com in the display URL at any PPC search engine. Alternative spellings of Liberated Eyewear, Inc. domain are also not permitted including but not limited towww.liberatedeyewear.com, etc.
  • ·Affiliates are not permitted to use Liberated Eyewear, Inc. trademarks in the URL to the right of the domain in the display URL, e.g.www.yoursite.com/liberatedeyewear
  • ·Affiliates MUST NOT include "Official Site" or make representations that your advertisement is Liberated Eyewear, Inc. in anyway.
  • Reporting Violations
  • Violations can be reported to info@liberated-inc.com. Please include all related proof in your email, such as ad screenshots, ad geographical location, URL tracking information and search engine where the ad was found.

As an affiliate or influencer, it is YOUR responsibility (not the brand’s) to ensure that your posts are legal (although the brand could find themselves in hot water too) and that you are not being deceptive to your community. 

Not knowing your legal requirements for affiliate marketing isn’t an excuse! Anyone who is sharing their affiliate link or promo code or is receiving any kind of compensation for promoting someone else’s products or services should disclose their relationship as an affiliate with the brand. 

This compensation could be gifted products, money as commission, or discounted or free services.

It doesn’t matter how big or small your business is, how many products you are promoting, or whether or not you receive compensation, you still need to disclose that you are acting as an affiliate.

Honesty of Affiliate Experience
All content posted by the affiliate in carrying out the services agreed upon in the influencer agreement must be clear, true, and not misleading. For example, you can’t market a product or service you’ve never used before! 

All posts, blogs, publications, testimonials, and endorsements by the affiliate must (i) reflect the genuine and reasonably current personal opinion of the affiliate; (ii) be based on adequate information or experience of the product; and (iii) be reflective of their actual use and, if implied, continued use of the products.

Affiliate Disclosure Language

In general, the affiliate must include affiliate disclosure language in all of their posts, blogs, publications, testimonials, and endorsements. Such disclosure must clearly indicate that there is a material connection between the affiliate and the company and what the nature of that connection is.

The affiliate must use at least one of the following affiliate disclosure example terms or a similar term in all posts, blogs, or publications:

• “Paid ad” or #Paid.
• “Ad” or #Ad.
• “Sponsored” or #Sponsored.
• “[COMPANY NAME] gave me this [PRODUCT NAME] to try.”

 Ambiguous language must not be used to disclose a material connection, including terms such as “Ambassador,” “Thanks”, “Collab,” or “Spon.” 

These just simply don’t cut it. Your hashtags need to clearly show the material connection between you and the brand, and make it obvious that you are getting some kind of compensation for promoting what they are selling. 

Don’t bury the hashtag at the bottom of your content set. Make sure it’s easy to find and is clearly stated. Disclosing your affiliate connection first in your content is the best way to approach this. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree 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.

For more details, please review our Refund Policy :Refund policy (liberatedeyewear.com)

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. 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.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, 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 us. 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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Prescriptions are HIPPA protected,which can be viewed here: www.liberatedeyewear.com

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

 
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

 
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service 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 Liberated Eyewear, Inc., 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 Service 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.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Liberated Eyewear, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@liberated-inc.com.