Equipment Lease
THIS AGREEMENT TO LEASE EQUIPMENT (the "Lease") is by and between TryAndBuyLens.com, (hereinafter "T&B") and you, the current user (hereinafter the "Lessee") and made and effective by clicking on the Order button.
WHEREAS, T&B desires to lease to Lessee, and Lessee desires to lease from T&B, the photography items in the Order Preview.
NOW, THEREFORE, in consideration of the terms and conditions herein, the parties agree as follows:
1. Leased Equipment.
T&B hereby leases to Lessee, and Lessee hereby leases from T&B, the described equipment (the "Equipment") shown in the Order preview above. The terms and conditions herein shall apply to and bind the parties to this Lease, their heirs, representatives, successors, and assigns.
2. Term and Termination of Lease.
A. The term of this Lease shall commence on the date shipper shows delivery of Equipment and shall terminate in the amount of time shown in the Order preview as the rental duration thereafter, unless sooner terminated in accordance with the terms and conditions herein. The rental period does not include the time the Equipment is in transit both to and from T&B.
B. T&B reserves the right to cancel any order for any reason, including price mistakes.
C. T&B's return policy is set forth in T&B's Frequently Asked Questions page which is incorporated herein by reference.
3. Rent, Deposit, and Fees.
A. The rent for the Equipment shall be the amount stated in the Order preview and shall be paid in advance in full. Lessee is responsible for the rent and all expenses and costs for shipping to and return shipping from Lessee. T&B will automatically add the cost of the return shipment during checkout.
B. Lessee shall pay a deposit of $0 prior to taking possession of the Equipment. The deposit will be refunded to Lessee promptly following Lessee's performance of all obligations in this Lease.
C. All fees including late fees are set forth in the T&B's Frequently Asked Questions page. T&B shall have the right to charge Lessee's credit card for all fees outside of the original Order.
D. In case of failure of Lessee to pay fees, assessments, charges and taxes, all as specified in this Lease, T&B shall have the right, but shall not be obligated, to pay said fees, assignments, charges and taxes, as the case may be which shall be repayable to T&B by Lessee within ten (10) business days, and failure by T&B to repay the same shall carry with it the same consequences, including interest at ten percent (10%) per annum, as failure to pay any installment of rent. Late returns are subject to a fee of one fourth of the one week rental price at time of purchase per day.
4. Use of Equipment.
Lessee has, or will upon receipt, inspect the Equipment and acknowledges that the Equipment is in good and acceptable condition. Further, Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all Federal, State, municipal, and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the Equipment.
5. Repairs.
Lessee, at its own cost and expense, shall keep the Equipment in good repair, condition and working order. However, all repairs to the Equipment shall be made by T&B.
6. Loss and Damage. Unreturned equipment.
A. Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever unless the "Optional Damage Waiver" is elected at checkout, in which case Lessee will not be liable for any damage beyond a deductible of 10% of the item's replacement value but will still be fully liable for any loss or theft. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease which shall continue in full force and effect through the term of the Lease.
B. In the event of loss or unwaived damage of any kind whatsoever to the Equipment, Lessee shall, at T&B's option:
i. Pay to T&B the amount to fix or salvage the Equipment as indicated by T&B; or
ii. Replace the same with like equipment in good repair, condition and working order as approved by T&B; or
iii. Pay to T&B the replacement cost of the Equipment, said cost is to be determined by T&B .
C. In the event of loss or default, Lessee agrees to allow T&B to charge Lessee's credit card for the full retail price of a comparable substitute of Equipment. The full retail price of a comparable substitute will be charged in addition to the late fees assessed prior to deeming the Equipment "lost" or "unreturned".
Equipment is deemed to be "lost" or "unreturned" when Lessee has failed to ship rented Equipment to Lessor within seven (7) days of expiration of Term. If Lessee returns Equipment, in undamaged state, to T&B within thirty (30) days of expiration of Term, the charge to Lessee's credit card for the price of a comparable substitute will be refunded to Lessee by T&B and a late fee will be charged to Lessee's credit card. Late returns are subject to a fee of one fourth of the one week rental price at time of purchase per day. After thirty (30) days, all sales are final.
7. Return of Equipment.
Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to T&B in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the Equipment at T&B's cost and expense via the shipping method of T&B'S choice. Lessee will be responsible for proper packaging of the return shipment. T&B will ship the Equipment to Lessee's premises and will include a return shipping label for Lessee. Lessee will pay shipping charges via a carrier of T&B's choice.
8. Warranty.
T&B warrants that it has the right to lease the Equipment as provided in this Lease. Lessee shall be entitled to hold and possess the equipment, and T&B will not interfere with that right as long as Lessee fulfills all Lessee's obligations under this Lease.
9. Insurance.
Lessee shall be responsible to maintain insurance on the Equipment with losses payable to T&B against fire, theft, and other such risks as are appropriate and/or specified by T&B. Upon request by T&B, Lessee shall provide proof of such insurance.
10. Ownership.
The Equipment is, and shall at all times be and remain, the sole and exclusive property of T&B and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
11. Indemnity.
Lessee shall indemnify and hold T&B or harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Lessee's use of the Equipment, including without limitation the manufacture, selection, delivery, possession, use, operation, or return of the Equipment.
12. Assignment.
Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of T&B. T&B may assign this Lease upon written notice to Lessee.
13. Default.
If Lessee fails to pay any rent or other amount herein provided within ten (10) days after the same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, T&B shall have the right to exercise any one or more of the following remedies:
A. To terminate this Lease by written notice to Lessee.
B. To declare the entire amount of rent hereunder immediately due and payable without notice or demand to Lessee.
C. To sue for and recover all rents, and other payments, then accrued or thereafter accruing. Further, Lessee shall pay all costs and reasonable Attorney's fees for collection on any unpaid bill.
D. To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of possession.
E. To pursue any other remedy at law or in equity.
Not withstanding any repossession or any other action which T&B may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of T&B's remedies are cumulative, and may be exercised concurrently or separately.
14. Bankruptcy.
Neither this Lease nor any interest therein is assignable or transferable by operation of law by Lessee. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, T&B shall have and may exercise any one or more of the remedies set forth in Section 13 Default, hereof; and this Lease shall, at the option of the T&B, without notice, immediately terminate and shall not be treated as an asset of Lessee after the exercise of said option.
15. Assessments.
Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or T&B at Lessee's expense, shall report, pay and discharge when due, all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, and other taxes, fees and governmental charges similar or dissimilar to the foregoing, together with any penalties or interest thereon, imposed by any State, Federal or local government or any agency, upon the Equipment or the purchase, use, operation or leasing of the Equipment or otherwise in any manner and whether or not the same shall be assessed against or in the name of T&B or Lessee. However, Lessee shall not be required to pay or discharge any such tax or assessment so long as it shall, in good faith and by appropriate legal proceedings, contest the validity thereof in any reasonable manner which will not affect or endanger the title and interest of T&B to the Equipment; provided, Lessee shall reimburse T&B for any damages or expenses resulting from such failure to pay or discharge.
16. Headings.
Headings used in this Lease are provided for convenience only and shall not be used to construe meaning or intent.
17. Entire Agreement.
This instrument constitutes the entire agreement between the parties on the subject matter hereof and there are no other promises, conditions, understandings or agreements, either oral or written relating to the subject matter of this Lease. The Lease shall not be amended, altered or changed except by a further writing signed by the parties hereto. T&B reserves the right to change the terms and conditions herein without notice to Lessee. This Lease shall be construed and enforced according to laws of the State of Connecticut.
(Updated on 11-18-2007)
THIS AGREEMENT TO LEASE EQUIPMENT (the "Lease") is by and between TryAndBuyLens.com, (hereinafter "T&B") and you, the current user (hereinafter the "Lessee") and made and effective by clicking on the Order button.
WHEREAS, T&B desires to lease to Lessee, and Lessee desires to lease from T&B, the photography items in the Order Preview.
NOW, THEREFORE, in consideration of the terms and conditions herein, the parties agree as follows:
1. Leased Equipment.
T&B hereby leases to Lessee, and Lessee hereby leases from T&B, the described equipment (the "Equipment") shown in the Order preview above. The terms and conditions herein shall apply to and bind the parties to this Lease, their heirs, representatives, successors, and assigns.
2. Term and Termination of Lease.
A. The term of this Lease shall commence on the date shipper shows delivery of Equipment and shall terminate in the amount of time shown in the Order preview as the rental duration thereafter, unless sooner terminated in accordance with the terms and conditions herein. The rental period does not include the time the Equipment is in transit both to and from T&B.
B. T&B reserves the right to cancel any order for any reason, including price mistakes.
C. T&B's return policy is set forth in T&B's Frequently Asked Questions page which is incorporated herein by reference.
3. Rent, Deposit, and Fees.
A. The rent for the Equipment shall be the amount stated in the Order preview and shall be paid in advance in full. Lessee is responsible for the rent and all expenses and costs for shipping to and return shipping from Lessee. T&B will automatically add the cost of the return shipment during checkout.
B. Lessee shall pay a deposit of $0 prior to taking possession of the Equipment. The deposit will be refunded to Lessee promptly following Lessee's performance of all obligations in this Lease.
C. All fees including late fees are set forth in the T&B's Frequently Asked Questions page. T&B shall have the right to charge Lessee's credit card for all fees outside of the original Order.
D. In case of failure of Lessee to pay fees, assessments, charges and taxes, all as specified in this Lease, T&B shall have the right, but shall not be obligated, to pay said fees, assignments, charges and taxes, as the case may be which shall be repayable to T&B by Lessee within ten (10) business days, and failure by T&B to repay the same shall carry with it the same consequences, including interest at ten percent (10%) per annum, as failure to pay any installment of rent. Late returns are subject to a fee of one fourth of the one week rental price at time of purchase per day.
4. Use of Equipment.
Lessee has, or will upon receipt, inspect the Equipment and acknowledges that the Equipment is in good and acceptable condition. Further, Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all Federal, State, municipal, and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the Equipment.
5. Repairs.
Lessee, at its own cost and expense, shall keep the Equipment in good repair, condition and working order. However, all repairs to the Equipment shall be made by T&B.
6. Loss and Damage. Unreturned equipment.
A. Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever unless the "Optional Damage Waiver" is elected at checkout, in which case Lessee will not be liable for any damage beyond a deductible of 10% of the item's replacement value but will still be fully liable for any loss or theft. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease which shall continue in full force and effect through the term of the Lease.
B. In the event of loss or unwaived damage of any kind whatsoever to the Equipment, Lessee shall, at T&B's option:
i. Pay to T&B the amount to fix or salvage the Equipment as indicated by T&B; or
ii. Replace the same with like equipment in good repair, condition and working order as approved by T&B; or
iii. Pay to T&B the replacement cost of the Equipment, said cost is to be determined by T&B .
C. In the event of loss or default, Lessee agrees to allow T&B to charge Lessee's credit card for the full retail price of a comparable substitute of Equipment. The full retail price of a comparable substitute will be charged in addition to the late fees assessed prior to deeming the Equipment "lost" or "unreturned".
Equipment is deemed to be "lost" or "unreturned" when Lessee has failed to ship rented Equipment to Lessor within seven (7) days of expiration of Term. If Lessee returns Equipment, in undamaged state, to T&B within thirty (30) days of expiration of Term, the charge to Lessee's credit card for the price of a comparable substitute will be refunded to Lessee by T&B and a late fee will be charged to Lessee's credit card. Late returns are subject to a fee of one fourth of the one week rental price at time of purchase per day. After thirty (30) days, all sales are final.
7. Return of Equipment.
Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to T&B in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the Equipment at T&B's cost and expense via the shipping method of T&B'S choice. Lessee will be responsible for proper packaging of the return shipment. T&B will ship the Equipment to Lessee's premises and will include a return shipping label for Lessee. Lessee will pay shipping charges via a carrier of T&B's choice.
8. Warranty.
T&B warrants that it has the right to lease the Equipment as provided in this Lease. Lessee shall be entitled to hold and possess the equipment, and T&B will not interfere with that right as long as Lessee fulfills all Lessee's obligations under this Lease.
9. Insurance.
Lessee shall be responsible to maintain insurance on the Equipment with losses payable to T&B against fire, theft, and other such risks as are appropriate and/or specified by T&B. Upon request by T&B, Lessee shall provide proof of such insurance.
10. Ownership.
The Equipment is, and shall at all times be and remain, the sole and exclusive property of T&B and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
11. Indemnity.
Lessee shall indemnify and hold T&B or harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Lessee's use of the Equipment, including without limitation the manufacture, selection, delivery, possession, use, operation, or return of the Equipment.
12. Assignment.
Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of T&B. T&B may assign this Lease upon written notice to Lessee.
13. Default.
If Lessee fails to pay any rent or other amount herein provided within ten (10) days after the same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, T&B shall have the right to exercise any one or more of the following remedies:
A. To terminate this Lease by written notice to Lessee.
B. To declare the entire amount of rent hereunder immediately due and payable without notice or demand to Lessee.
C. To sue for and recover all rents, and other payments, then accrued or thereafter accruing. Further, Lessee shall pay all costs and reasonable Attorney's fees for collection on any unpaid bill.
D. To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of possession.
E. To pursue any other remedy at law or in equity.
Not withstanding any repossession or any other action which T&B may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of T&B's remedies are cumulative, and may be exercised concurrently or separately.
14. Bankruptcy.
Neither this Lease nor any interest therein is assignable or transferable by operation of law by Lessee. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, T&B shall have and may exercise any one or more of the remedies set forth in Section 13 Default, hereof; and this Lease shall, at the option of the T&B, without notice, immediately terminate and shall not be treated as an asset of Lessee after the exercise of said option.
15. Assessments.
Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or T&B at Lessee's expense, shall report, pay and discharge when due, all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, and other taxes, fees and governmental charges similar or dissimilar to the foregoing, together with any penalties or interest thereon, imposed by any State, Federal or local government or any agency, upon the Equipment or the purchase, use, operation or leasing of the Equipment or otherwise in any manner and whether or not the same shall be assessed against or in the name of T&B or Lessee. However, Lessee shall not be required to pay or discharge any such tax or assessment so long as it shall, in good faith and by appropriate legal proceedings, contest the validity thereof in any reasonable manner which will not affect or endanger the title and interest of T&B to the Equipment; provided, Lessee shall reimburse T&B for any damages or expenses resulting from such failure to pay or discharge.
16. Headings.
Headings used in this Lease are provided for convenience only and shall not be used to construe meaning or intent.
17. Entire Agreement.
This instrument constitutes the entire agreement between the parties on the subject matter hereof and there are no other promises, conditions, understandings or agreements, either oral or written relating to the subject matter of this Lease. The Lease shall not be amended, altered or changed except by a further writing signed by the parties hereto. T&B reserves the right to change the terms and conditions herein without notice to Lessee. This Lease shall be construed and enforced according to laws of the State of Connecticut.
(Updated on 11-18-2007)
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You acknowledge that TryAndBuyLens may disclose and transfer any information that you provide through this Website to (i) CIT Bank and its affiliates, agents, service providers (including I4 Commerce), or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate (including to countries outside the EEA), and by using and providing information through this Website you agree to such transfers. Use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.
Furthermore, your use of this Website signifies your agreement to our Privacy Statement, which is incorporated herein by reference and which may also change from time to time. Any purported amendment to these Terms of Use by you must be agreed to by I4 Commerce and CIT Bank in writing. Copyright Notices
The works of authorship contained in the TryAndBuyLens Website (the "Website"), including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by TryAndBuyLens or one of its subsidiaries. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without TryAndBuyLens's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. ยง 107), as amended, and then, only with notices of TryAndBuyLens's proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded. Trademark Notices
Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners. Web Content and Materials
The information on this Website is for information purposes only. It is believed to be reliable, but TryAndBuyLens does not warrant its completeness, timeliness or accuracy. The information and materials contained in this Website - and the terms of use of the access to and use of such information and materials - are subject to change without notice. Products and services described, as well as, associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all products and services are offered at all locations.
The Terms and Conditions for your TryAndBuyLens are mailed with your first statement. You may also call us at 1-866-528-3733 to request an official copy of the terms and conditions that pertain to your account. In addition, certain portions or pages of this Website are subject to additional disclosures and disclaimers. In the event of a conflict between those disclosures and disclaimers, and these terms of use, the additional disclosures and disclaimers will govern for those portions or pages.
You agree that (i)you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with TryAndBuyLens; (ii) in circumstances where locations of the Website require identification, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals; (iii) you will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of this Website or to surreptitiously intercept or expropriate any system, data or personal information from this Website; and (iv) you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.
TryAndBuyLens OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND TryAndBuyLens DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. TryAndBuyLens RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY TryAndBuyLens TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW. Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
* hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; * software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; * overload of system capacities; * damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; * interruption (whether partial or total) of power supplies or other utility of service; * strike or other stoppage (whether partial or total) of labor; * governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or * any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of TryAndBuyLens.
Links to Other Sites
Links to non- TryAndBuyLens websites are provided solely as pointers to information on ne_topics that may be useful to the Websites, and TryAndBuyLens has no control over the content on such non-TryAndBuyLens websites. If you choose to link to a website not controlled by TryAndBuyLens, TryAndBuyLens makes no warranties, either express or implied, concerning the content of such website, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does TryAndBuyLens warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. TryAndBuyLens does not guarantee the authenticity of documents on the Internet. Links to non-TryAndBuyLens websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites. LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE". TryAndBuyLens AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. TryAndBuyLens AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, TryAndBuyLens WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL TryAndBuyLens BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND TryAndBuyLens Preferred Account'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. TryAndBuyLens AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, TryAndBuyLens AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND TryAndBuyLens AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING TryAndBuyLens Preferred Account'S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL TryAndBuyLens BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER TryAndBuyLens HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. Enforceability and Governing Law
Headings are for reference purposes only. The failure of TryAndBuyLens to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event any of the terms or provisions of these Terms of Use shall be held to be enforceable, the remaining terms and provisions shall be unimpaired and the enforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with TryAndBuyLens Preferred Account. The user's access to and use of the TryAndBuyLens Website, and the terms of this disclaimer are governed by the laws of the State of Delaware. YOU AGREE THAT ANY ACTION BROUGHT BY YOU, AT LAW OR IN EQUITY, ARISING OUT OF OR RELATING TO THESE TERMS AND USE OR THIS WEBSITE SHALL BE FILED ONLY IN THE STATE OR FEDERAL COURTS IN AND FOR WILMINGTON, DELAWARE AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY ACTION BROUGHT BY EITHER OF US IN SUCH COURTS.
This site respects privacy of Internet Users and does not disclose any personal information to any other group other than USPS and Authorize.NET, both whom are also respectful of the privacy of Internet Users. This disclosure is required to make successful shopping transactions and to ensure a high quality of service from TryAndBuyLens.
This site does not sell or rent personally identifying information. This site does not disclose personally identifying information to anyone that is not authorized to do so.
This site reserves the right to release information on Internet Users if compelled to do so by proper judicial or governmental authorities. Disclosure shall be limited to only to those we are compelled to disclose to. At present, all information processing occurs in the United States.
Spam
This site does not intentionally send unsolicited e-mail messages that could legitimately be construed as spam.
COPPA
This site complies with the Children's Online Privacy Protection Act of 1998. This site is not specifically directed to children under 18. If this site has been informed or unintentionally collected or received information from a child under 18, we will immediately delete such information from our databases. This site shall not knowingly distribute any personally identifiable information erroneously collected from children under 18.
Policy Changes With or without prior notification, we may find it necessary or be legally obligated to update this Privacy Policy from time to time. All changes will be posted at this site. Except as otherwise required by law, modifications to this Privacy Policy will not affect the privacy of data collected by us prior to the effective date of the policy change.
Collection of Data
This site does not sell or rent personally identifying information. This site does not disclose personally identifying information to anyone that is not authorized to do so.
This site reserves the right to release information on Internet Users if compelled to do so by proper judicial or governmental authorities. Disclosure shall be limited to only to those we are compelled to disclose to. At present, all information processing occurs in the United States.
Collection of Information by Third-Party Sites
This site contains links to other Internet websites and has no control or authority over the information submitted/collected by these third party website(s). Please refer to the respective Privacy Policy of the individual third party website(s).Use and Disclosure of Data
Spam
This site does not intentionally send unsolicited e-mail messages that could legitimately be construed as spam.
COPPA
This site complies with the Children's Online Privacy Protection Act of 1998. This site is not specifically directed to children under 18. If this site has been informed or unintentionally collected or received information from a child under 18, we will immediately delete such information from our databases. This site shall not knowingly distribute any personally identifiable information erroneously collected from children under 18.
Policy Changes With or without prior notification, we may find it necessary or be legally obligated to update this Privacy Policy from time to time. All changes will be posted at this site. Except as otherwise required by law, modifications to this Privacy Policy will not affect the privacy of data collected by us prior to the effective date of the policy change.
Relaying of Critical Information
All critical information, which includes but is not limited to user account data, personal information, address information, and payment information is sent (from your computer to our servers, from our servers to our servers, from our servers to USPS servers and Authorize.NET servers, and from our servers to your computer) using High-grade AES-256 256 bit SSL encryption.
Storing of Critical Information
Critical information such as payment related information, if stored, is done so using 256 bit high-grade encryption. This information is stored as brief as possible. For example, encrypted credit card data may be stored on our server(s) for the duration of a customer's rental. Once that which is rented is returned in proper condition, the encrypted credit card data is destroyed to further provide the utmost security for our customers.
