Terms of Use Agreement

Welcome to www.lensoo.com (the “Site”), a website owned and operated by Lensoo, Inc. (“Lensoo”, “we” or “us”), a Delaware corporation, and its affiliates.  Lensoo and its affiliates provide their services to you subject to the following terms and conditions.

Acceptance Of Agreement

Your use of the Site constitutes your acceptance of the terms and conditions outlined in this Terms of Use Agreement and in each of our policies posted on our website.  This Terms of Use Agreement, together with each of our policies posted on our website, are collectively referred to herein as this “Agreement.”  This Agreement constitutes the entire and only agreement between site users and Lensoo. This agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings concerning the subject matter of this Agreement.

Privacy

Please review our Privacy Policy to understand our practices concerning privacy matters.

Electronic Communications

When you visit www.lensoo.com or send e-mails to us, you are communicating electronically. We will also communicate with you by e-mail or by posting notices on this website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Lensoo or its content suppliers and is protected by U.S. and international copyright laws.  All software used on the Site is the property of Lensoo or its software suppliers and is protected by U.S. and international copyright laws.

Trademarks

“Lensoo” and “Lensoo.com” are service marks, registered service marks, or trademarks.  Lensoo’s service marks, trademarks and trade dress may not be used in connection with any product or service that is not Lensoo’s,  All other trademarks not owned by Lensoo or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lensoo or its subsidiaries.

Lensoo grants you a limited, nonexclusive, non-assignable, nontransferable, revocable license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Lensoo.  This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Lensoo.  You may not remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lensoo and our affiliates without express written consent.  You may not use any Meta tags or any other “hidden text” utilizing Lensoo’s name or trademarks without the express written consent of Lensoo.  You may not use the Site for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing.  You may not use the Site in a manner that violates any state or federal laws or regulations concerning email, telephone solicitations or facsimile transmissions.  You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.  Any unauthorized use terminates the permission or license granted by Lensoo.  You are granted a limited, nonexclusive, nontransferable, revocable right to create a hyperlink to the home page of www.lensoo.com so long as the link does not portray the Site, Lensoo, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.  You may not use any Lensoo logo or other proprietary graphic or trademark as part of the link without express written permission.

Your right to use our website is not transferable or assignable.  Any password or right given to you to obtain information or access the Site is not transferable or assignable.

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  While www.lensoo.com does offer products for a wide range of audiences, we only sell to adults, who can purchase with a credit card or PayPal account. Lensoo and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, And Other Content

Visitors may post reviews, comments, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, in violation of any contractual or fiduciary relationships, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Lensoo reserves the right but not the obligation to remove or edit such content, but does not regularly reviews posted content.

In addition, any content posted or material submitted in our discussion forums or reviews is available for other members of Lensoo to view, and is therefore not private, confidential or privileged.

Our Services

Lensoo offers an active learning environment.  Our Site is a public platform that allows our Learners, Experts, and Publishers to interact with each other.  Experts and Publishers in our environment are not employees or agents of Lensoo.  Any interaction between learners, Experts and Publishers constitutes an agreement solely between those parties; Lensoo is not a party to such agreements.  Because Lensoo is a public platform, any posts, comments, reviews, chat sessions or other content is not confidential or private.  Content posted in a public platform may be accessed by others, and may be indexed by a search engine.  You should not post any personal or sensitive information to better protect your privacy. If you are involved in a medical or other emergency, you should immediately contact your local authorities, including, but not limited to, law enforcement, fire department, hospitals, or emergency response such as 911 in the United States.

While Lensoo captures profile information for Experts and Publishers, we do not guarantee the truthfulness or accuracy of materials provided.  The term “Expert” does not represent or warrant any guarantee of truthfulness, accuracy or credentials related to the Expert.  Lensoo is not liable for any damages or losses related to reliance on any materials or answers provided by Experts or Publishers on the Site.  Lensoo is not liable for any damages or losses related to any acts or omissions by Experts or Publishers on the Site. Any content or information in any of our Legal platforms should be viewed as general information only.  Any Experts in our Legal platforms are providing information, not legal advice.  Interaction between learners and Legal Experts does not create an attorney-client relationship, even though the Expert may be a licensed attorney.  Any communications between learners and Experts is not confidential, private or privileged.

Lensoo and its affiliates respect the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below.

Products and Product Descriptions

Lensoo and its affiliates attempt to be as accurate as possible.  However, Lensoo does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free.  Unless marked otherwise, all materials purchased from Lensoo and its affiliates are available on a rental basis only.  Purchasing a product grants you a limited, nonexclusive, non-assignable license to access the materials for the time-period specified in the product description.  You agree not to copy, distribute, reverse engineer or modify any materials offered by Lensoo and its affiliates.

Pricing

Lensoo’s active learning environment allows for our members to engage in self-directed learning.  Learners on our Site can use a number of tools and services to create their own curriculum.  Publishers offer reading materials, multi-media content, chat sessions and other interactions with our Experts to allow you to determine the best way to reach your learning goals.  All materials and services available on our Site are clearly marked with a price point and the duration for which that material or service will be made available to you. Other services, such as an Expert chat, may be purchased.  By making a transaction, you are confirming that you would like to purchase all materials and services you have selected.

Credit Card Information

You represent and warrant that if you are purchasing something from us or from other parties selling products or services on our website, that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Payment & Returns

Please review our Payment & Returns Policy, which also governs your visit to www.lensoo.com

Other Businesses

Parties other than Lensoo and its subsidiaries may advertise, operate stores, provide services, or sell product lines on this Site.  In addition, we may provide links to the websites of affiliated companies and certain other businesses.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites.  Lensoo does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.  You should carefully review their privacy statements and other terms of use for their websites.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Information And Press Releases

Our website contains information and press releases about us.  We disclaim any duty or obligation to update this information of any such press releases.  Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.

Disclaimer Of Warranties And Limitation Of Liability

THIS SITE IS PROVIDED BY lensoo ON AN “AS IS” AND “AS AVAILABLE” BASIS. lensoo MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, lensoo DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. lensoo DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM www.lensoo.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  lensoo WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE, (C) YOUR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.

THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR THE PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATES.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED USING THE SITE MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our website.

Applicable Law

By visiting www.lensoo.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Lensoo or its affiliates.

Disputes

Any dispute or unresolved controversy arising out of or relating to this Agreement, your visit to www.lensoo.com or to products you purchase through the Site shall be submitted to confidential arbitration under the auspices of JAMS in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate Lensoo’s intellectual property rights, Lensoo may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  Each party will bear its own costs with respect to any disputes arising under this Agreement.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.  This Agreement, together with any purchase orders or contracts with you and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.

Other Site Policies And Modification

From time to time, we may post revised versions of existing policies or new policies on our website.  Please review all of our other policies posted on this Site.  These policies also govern your visit to www.lensoo.com.  We reserve the right to make changes to our Site, policies, and this Terms of Use Agreement at any time.

Our Address

Lensoo, Inc.

2880 Zanker Road, Suite 203

San Jose, CA 95134

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lensoo’s copyright agent the written information specified below.  Please note that this procedure is exclusively for notifying Lensoo and its affiliates that your copyrighted material has been infringed.

Lensoo’s Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:

Copyright Agent

Lensoo, Inc. Legal Department

2880 Zanker Road, Suite 203

San Jose, CA 95134

Phone: 408-649-5802

E-mail: copyright@lensoo.com

Courier address:

Copyright Agent

Lensoo, Inc. Legal Department

2880 Zanker Road, Suite 203

San Jose, CA 95134

USA

Effective Date:  October 4th, 2011