This Policy describes how Cornerstone Family Eyecare LLC., collect, use, disclose and safeguard your information. This Policy applies to individuals who access this website and any other websites that link to this Policy (collectively “Sites”), and certain other services as described below (collectively, the “Platforms”). Other Cornerstone Family Eyecare LLC

websites, products, and services may have their own privacy policies. This Policy, together with our Terms of Use, collectively govern your use of our Sites. This Policy applies to our Platforms that link to this Policy.

From time to time, we may change this Policy. If we do, we will post an amended version on this webpage. Please review this Policy periodically.

The Privacy Policy covers the following topics:

1. THE INFORMATION WE COLLECT

• For the purpose of this policy, personal information is any information about an identifiable individual.
• We collect the following types of personal information:
• Information You Provide

We may collect the following personal information that you voluntarily provide us in using our Platforms:

• Create an Account. If you create an account with us, you will provide us with your name, email address, birth date, and you will create a password for future logins
• Subscribe to Our Newsletter. If you subscribe to our newsletter, you will provide us with your email address.
• Customer Service. If you contact our customer service department, you may need to provide us with additional information so that we can respond to your questions or concerns as completely and thoroughly as possible.
• Purchases. When you make a purchase, you will provide us with your name, email address, phone number, physical address, and credit card or gift card information. We also will collect your payment card, gift card, or other payment information.
• Prescriptions. If you purchase prescription products, you will provide us with your eye prescription information and insurance information.
• Register Products. If you decide to register your product(s), you may choose to voluntarily provide the date of your last eye exam, the type(s) of products to register, the purchase date of the products, and the reason(s) why you decided to buy our products.
• Find Your Match. If you use our Frame Advisor Technology, you will either upload a photograph of your face or you will allow the technology to take a scan of your face.
• Book an Appointment. If you book a store appointment, you will provide us with your name, email address, birth date, physical address, and phone number.
• Loyalty Program. If you sign up for our loyalty program, you will provide us with your name, email address, birth date, and you may choose to provide us with your gender.
• Track and Return Orders. If you check your order status or start a return, you will provide us with your order number and email address.
• Refer a Friend. To refer a friend, you will provide us with your name and email address, and the email address of the friend you are referring.
• Apply for a Job. If you apply for a job through one of our Platforms, we will collect any information you provide in your application, including, but not limited to, work authorization information, visa status, desired salary, language proficiency, educational background, employment history, and references. You may also choose to voluntarily provide optional information such as race, gender, or whether you are disabled.
• Survey. If you are participating in a survey, you may provide your gender and age, income, ethnicity, family size, and marital status.
• Business Information. We may collect personal information from business clients or vendors, including company name, physical address, phone number, email address, and credit card information.
• HIPAA. Some of the affiliates and brands covered by this Policy are subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). These affiliates and brands may collect additional information that is considered “protected health information” (“PHI”) as defined by HIPAA. When the information that we collect is considered PHI, we will handle that information in accordance with our privacy policy.
• Please visit that notice for information on our privacy practices, our legal duties, and your rights concerning your PHI.
• Biometric Information. We may collect biometric information to provide you with certain services. See the "BIOMETRIC INFORMATION" section of this Policy to learn more about how this information is collected, used, disclosed and stored.
• Third Party Information

In some cases, we may receive certain personal information from you about a third party. For example, when you refer a friend, you will provide the email address of a third party. If you submit any personal information about another individual to us, you are responsible for making sure you have the authority to do so and to allow us to use their personal information in accordance with this Policy.

2. HOW DO WE USE YOUR INFORMATION

• We use the personal information we collect to improve our Platforms and to protect our legal rights. In addition, we may use the personal information we collect to:
• Process and fulfill your order, including sending you emails to confirm your order status and shipment, and to provide other related communications;
• Process your account registration;
• Process and fulfill your order, including sending you emails to confirm your order status and shipment, and to provide other related communications;
• Send you our newsletter;
• Identify your preferences to customize our communications and marketing;
• Manage and record your settings, consents, communications and opt-out choices;
• Provide information regarding vision, vision care, and vision correction;
• Administer a Promotion;
• Review your job application;
• Communicate with you about our Platforms or to inform you of any changes to our Platforms;
• Allow you to find an eyecare professional or doctor, distributor, store or sales consultant in your area and schedule eye exams or similar appointments with such persons;
• Operate and improve the Platforms, including to analyze visits to the Platforms and learn about our visitors so we can operate the Platforms and improve our products and services and deliver the best user experience;
• Create audiences for our advertisements, target our advertisements, and generate reports about the performance of our advertisements;
• Communicate with you, including responding to your inquiries;
• Comply with the law and to maintain the integrity and security of our Platforms;
• Defend our legal rights and the rights of others;
• Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Us and to otherwise fulfill our legal obligations; and
• Fulfill any other purposes for which you provide it, or any other purpose we deem necessary or appropriate.

3. SHARING INFORMATION WITH THIRD PARTIES

We may share the personal information that we collect about you in the following ways:

• We engage service providers to perform services in connection with the operation of our business. We may share personal information with service providers to the extent necessary for them to provide services to you or us that are aligned with the purposes outlined above. Examples of these services include payment processing and authorization, text messaging services, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing.
• In proceeding with your online order, you agree that any information associated with the order, such as the delivery name and address (if different from yours), will be processed using service providers.

We may release personal information if we believe in good faith that: (i) the law or legal process requires it; (ii) we have received a valid administrative request from a law enforcement agency; or (iii) such release is necessary or appropriate (in our sole discretion) to protect the rights, property, or safety of Cornerstone Family Eyecare LLC, or any of our respective affiliates, service providers, customers, or (iv) as Cornerstone Family Eyecare LLC deems necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Terms of Use.

• We may also share your information with your consent or as otherwise disclosed at the time of data collection or sharing.
• As with any business, it is possible that as ours develops, we might go through a business transition, such as a merger, acquisition by another company, or the sale of all or a portion of our assets, or buying online stores or other assets, including at bankruptcy. In such transactions, information about customers will likely be transferred.
• The Platforms may allow you to provide comments in various sections of our Platforms, such as in product reviews. Please be aware that the information you post in these areas may be available to visitors of the Platforms and to the general public. To the fullest extent allowed under applicable law, we do not monitor such content and are not responsible for material posted by you or others in these public forums.

4. THIRD-PARTY LINKS & PLUG-IN

• The Platforms may provide links to third-party websites or apps, including our social media pages. We do not control the privacy practices of those websites or apps, and they are not covered by this Policy. You should review the privacy policies of other websites or apps that you use to learn about their data practices.
• The Platforms may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share information or you otherwise interact with social media features on the Platforms, those social media companies may collect information about you and may use and share such information in accordance with their own policies, including by sharing such information with us or the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to read the privacy policies for any social media accounts you create and use.

Retention of Personal Information

• We retain your Personal Information for as long as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.
•  

Your Rights

• If you are a Texas resident, you have the following rights with respect to your Personal Information:
• The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which we collected Personal Information, the business or commercial purpose for collecting, selling or sharing Personal Information (if applicable), the categories of third parties to whom we disclose Personal Information (if applicable), and the specific pieces of Personal Information we collected about you;
• The right to delete Personal Information that we collected from you, subject to certain exceptions;
• The right to correct inaccurate Personal Information that we maintain about you;
• If we sell or share Personal Information, the right to opt out of the sale or sharing;
• If we use or disclose sensitive Personal Information for purposes other than those allowed, the right to limit our use or disclosure; and
• The right not to receive discriminatory treatment by us for the exercise of privacy rights.

How to Submit a Request to Know, Delete, and/or Correct

• You may submit a request to know, delete, and/or correct through our interactive webform available here or by calling us 469-405-1779.
• If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

• We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the Texas resident on whose behalf you are making such request.
• We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable.
• For requests to access categories of Personal Information and for requests to delete or correct Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion or correction, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.
• For requests to access specific pieces of Personal Information or for requests to delete or correct Personal Information that is sensitive and poses a risk of harm by unauthorized deletion or correction, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information you previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you must submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

12. YOUR CHOICES

• To opt out of our email marketing or to unsubscribe from our email newsletters, you can contact our customer service department using the information in the "CONTACT" section at our website. If you choose to opt out, you will continue to receive all email communications related to our transaction with you.
• If you would like to update your mailing information or want your name and address removed from our direct mailing list, you can contact our customer service department using the information in the "CONTACT" section of our website.
• You can control the tools on your mobile devices. For example, you can turn on and off the GPS locator or push notification on your phone. Please consult your mobile device’s user guide for instructions on clearing cookies, enabling and disabling location services, and disabling push notifications.

13. CHILDREN’S PRIVACY

• We understand the importance of protecting children’s privacy, especially in an online environment. Our Platforms are not intentionally designed for or directed at children less than 16 years of age. We do not knowingly collect personal information from children under the age of 16 without the consent of the child’s parent or guardian. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any personal information relating to children that we have collected, we will take steps to securely remove it from our systems.

14. UPDATING YOUR INFORMATION

• You may request to view, update, or correct your Personally Identifiable Information by contacting our privacy office at the information provided in the "CONTACT" section of our website. In order to protect your privacy, we will take steps to verify your identity before granting you access to the information or enabling you to make corrections.

15. SECURITY

• We maintain reasonable and appropriate safeguards to help protect your personal information from loss and from unauthorized acquisition. We monitor activity on our Platforms to prevent any unauthorized disclosure of information. In addition, we utilize a licensed system for credit card authorization and fraud detection. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security.

16. DO NOT TRACK SIGNALS

• Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third-party information.

17. TRACKING ACROSS TIME AND TECHNOLOGIES DISCLOSURE

• Some information about your use of the service and certain third-party services may be collected by us or by third parties using tracking technologies across time and services and used by us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the service and certain third-party services.

18. CONSUMERS WITH DISABILITIES

• We are committed to ensuring this Policy is accessible to individuals with disabilities. To request this Policy in an alternative format, please reach out to us at the Contact information provided below.

19. CONTACT

If you have questions or wish to contact us about this Policy, please direct inquiries to:

Privacy Officer
Cornerstone Family Eyecare

3440 W FM 544

Wylie TX 75098
Phone: 469-405-1779
Email: Cornerstoneeyecareoffice@gmail.com

TERMS OF USE (TOU)

IMPORTANT - These TOU together with our Privacy Policy https://www.targetoptical.com/to-us/privacy-policy, terms of sale and returns and exchange policy ("Additional Policies") are a legal agreement (“Agreement”) between you ("You", or “you”) and Cornerstone Family Eyecare LLC., its parents, subsidiaries, affiliates, representatives, officers, and directors (collectively, “Cornerstone”, “us”, “we”, or “our”), as owner of Cornerstone Family Eyecare LLC (the “Website”), and govern your use of the Website.

BY ACCEPTING THIS AGREEMENT, YOU AGREE ALL DISPUTES WILL BE RESOLVED USING BINDING ARBITRATION AND CONSENT TO A CLASS ACTION WAIVER. Please read this TOU carefully before using the Website and any online services software or apps (collectively “Services”) provided by Cornerstone Family Eyecare LLC that post a link to this TOU. By using or continuing to use our Services, You agree to be bound by and accept the TOU in effect at the time of such use. Your use of our Services is expressly conditioned upon your agreement to these TOU.

Cornerstone Family Eyecare LLC may make changes to these TOU, from time to time, in its sole discretion, by updating this posting on our Website without notice to you. Your continued use of our website following the posting of a new version of the TOU constitutes your acceptance of any such changes. Accordingly, whenever you visit our Website, check to see if a new version has been posted.

1. LICENSE GRANT.

The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Cornerstone Family Eyecare LLC, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Cornerstone Family Eyecare LLC, our licensors or certain other third parties, and is protected by US and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Cornerstone Family Eyecare LLC owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. Cornerstone Family Eyecare LLC hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Services solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Services in any manner not expressly permitted herein. In addition, this license does not include any use of data mining, robots, or similar data gathering and extraction tools nor any attempt to violate or any violation of the Website’s security or attempt to interfere or any interference with the Website’s ability to work properly.

2. USER REPRESENTATIONS.

In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or 16 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 16 and no person under the age of 16 may use the Website. If you use the Website, you are confirming that you are at least 16 years old. This Website is directed at users in U.S. only (and ships product to U.S only).

3. PROPRIETARY RIGHTS.

This TOU provides only a limited license to You to access and use the Services. Accordingly, You expressly acknowledge and agree that Cornerstone Family Eyecare LLC transfers no ownership or Intellectual Property interest or title in and to the Services to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by Cornerstone Family Eyecare LLC all other names, logos, and icons identifying Cornerstone Family Eyecare LLC and its products and services are proprietary trademarks of Cornerstone Family Eyecare LLC and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Services may be the trademarks and/or service marks of their respective owners

4. CONTENT

• a. Content submitted by You. From time to time We may make available on this Services bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities that offer the opportunity to post, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services. In such instances, We welcome your comments on our Services. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Cornerstone Family Eyecare LLC ("User-Generated Content") must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Generated Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Generated Content, You grant Cornerstone Family Eyecare LLC a non-exclusive, unrestricted, unconditional, unlimited, cost-free, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, sell, re-sell, modify, alter, publish, publicly display, publicly perform, record, post, translate, transmit, broadcast, disclose, distribute, make derivative works of, and otherwise use the User-Generated Content, such that Cornerstone Family Eyecare LLC shall be and is entitled to use such User-Generated Content for any type of use and exploit in any manner whatsoever, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. You irrevocably waive and agree not to assert (and warrant that all individuals featured have waived and agreed not to assert) any moral rights in connection with the User-Generated Content. You expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Generated Content. By submitting any User-Generated Content to us, You represent and warrant that You are at least the age of majority in the jurisdiction in which you reside and are the parents or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that as to User-Generated Content you hold all necessary right, title and license to such User-Generated Content and that your submission of such materials to the Services does not and will not violate or infringe the rights of any third-parties or cause any harm to any person, including but not limited to intellectual property or privacy rights.
• b. Non-confidentiality of content submitted by You. Except as otherwise described in any applicable Additional Policies you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Cornerstone Family Eyecare LLC does not assume any obligation of any kind to you or any third-party with respect to your User-Generated Content. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable additional terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your User-Generated Content is submitted at your own risk.

5. INFORMATION ABOUT THE WEBSITE AND THE GOODS

• a. We try to make sure that all information on the Services, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Services as soon as reasonably possible and if We think that such an error has affected your order We will make reasonable efforts to notify You via the contact information You provided to us on your account or during your order.
• b. Buying goods over the internet provides a different shopping experience from buying in-store. In particular, please be aware that: (i) the colors of goods as shown on the Services will depend on many factors – including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) pictures and images on the Services are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all goods are subject to availability and We may not be able to supply your order; (v) We will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); (vi) not all goods and promotions that are offered on the Services will be available in-store, and vice versa. We reserve the right to adjust prices, goods and special offers at our discretion and (vii) virtual model may distort or otherwise not provide an accurate representation of the product and its color(s), textures, size as well as your face and facial features and the fit of the glasses.
• c. If at any time you have any questions or concerns, please contact us at the information found at the following link.

6. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGMENT.

If you are a copyright owner who would like to send us a notice to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement, you may submit such notice to us by contacting us here: cornerstoneeyecare@gmail.com.

Copyright Complaints We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please notify us and provide the following information:

• 1. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• 2. Identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
• 3. Your name, address, telephone number and email address;
• 4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
• 5. A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either the owner, or is authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed; and 6. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Our agent for notice claims of copyright infringement on the Website can be reached as follows:
Cornerstone Family Eyecare

3440 W FM 544

Wylie TX 75098
Phone: 469-405-1779
Email: Cornerstoneeyecareoffice@gmail.com

7. CREATING AN ACCOUNT.

If You register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us (link to contact form) of any unauthorized use of Your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. We may suspend or close an account for fraudulent condition and/or violations of these TOU. You will not sell, transfer, or assign your account or any account rights. In addition, accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

8. RESTRICTIONS.

You agree not to modify, distribute, disclose or create works wholly or partially based on the Services. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Services, or in any case reproduce, copy, use or provide the Services, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Services is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.

9. PRIVACY POLICY.

Please review Cornerstone Family Eyecare LLC’s Privacy Policy for this Website found at https://form.jotform.com/232786056576165 for a description of Cornerstone Family Eyecare LLC’s personally identifiable information (“PII”) collection and use practices. By using the Service and visiting the Website, you also acknowledge, agree and consent to our PI collection and use practices as described in our Privacy Policy. CONSENT TO CONTACT Text Messages By using this Website, you agree to the following statement: “I agree that providing my telephone number and opting in to receive text messages in any submission on the Website, I provide my signature consenting to contact from Cornerstone Family Eyecare LLC at the number I provided regarding products or services via live, automated or prerecorded call, text, or email. I understand that I am not required to enter into this agreement as a condition of purchase. I can revoke this consent by texting STOP to [21409]. You may receive texts from Cornerstone Family Eyecare LLC regarding your account, purchases, or special offers from Cornerstone Family Eyecare LLC. Message and data rates may apply. Maximum number of messages per month will vary based on the subscription list you have enrolled in. You can unsubscribe at any time by texting STOP to 469-405-1779. Cornerstone Family Eyecare LLC will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to Cornerstone Family Eyecare LLC as part of this service. Cornerstone Family Eyecare LLC may use this information to contact you and provide services you request from Cornerstone Family Eyecare LLC. Cornerstone Family Eyecare LLC may also use this information as described in the subscription list you have enrolled in. Emails By including your email in any submission, you are extending an express invitation to Cornerstone Family Eyecare LLC to be contacted. For any service, you represent that all of the information you have provided in your submission is true and complete. Voice recording and monitoring consent You agree and consent that Cornerstone Family Eyecare LLC may record or monitor communications made by you during any calls you make to us as permitted by 18 U.S.C. § 2511 et seq., Cal. Penal Code § 630 et seq., and other state laws that regulate call monitoring and recording. Cornerstone Family Eyecare LLC is under no obligation to monitor or record its services for accuracy, completeness, or quality.

10. AVAILABILITY AND CONTINUITY OF SERVICE.

You acknowledge and accept that Cornerstone Family Eyecare LLC reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend, terminate, or eliminate the Services, (ii) disable any access to the Services, and/or (iii) restrict, suspend, or terminate your account for any reason.

11. LINKS TO OTHER SITES.

We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”). Our Services may facilitate access to other sites or on-line social media networks or pages for your convenience. These Third- Party Services have not necessarily been reviewed by Cornerstone Family Eyecare LLC and are maintained by third parties over which Cornerstone Family Eyecare LLC exercises no control. This may include the ability to register or sign into our Services third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services. Accordingly, Cornerstone Family Eyecare LLC expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these Third-Party Services. Moreover, inclusion of any links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

12. WARRANTY DISCLAIMER.

AS PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY Cornerstone Family Eyecare LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT, AND DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND “WITH ALL FAULTS” BASIS. SOME LAWS MAY NOT PERMIT CERTAIN DISCLAIMERS SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. 13. HEALTH DISCLAIMER. ANY GENERAL HEALTH INFORMATION ON THIS WEBSITE IS ONLY INTENDED TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR HEALTHCARE PROVIDER. IT IS NOT INTENDED FOR DIAGNOSIS OR AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE. ALL SPECIFIC MEDICAL QUESTIONS SHOULD BE DIRECTED TO A PROFESSIONAL HEALTHCARE PROVIDER.

14. LIMITATION OF LIABILITY.

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Cornerstone Family Eyecare LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, SERVICES, OR USER-GENERATED-CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Cornerstone Family Eyecare LLC FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Cornerstone Family Eyecare LLC IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

15. INDEMNITY

As permitted by applicable law, by using this application, You agree to defend, indemnify and hold harmless Cornerstone Family Eyecare LLC and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Services; (ii) any User-Generated Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Services.

16. ENFORCEMENT

You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Cornerstone Family Eyecare LLC, such injury would not be quantifiable in monetary damages, and Cornerstone Family Eyecare LLC would not have an adequate remedy at law. You therefore agree that Cornerstone Family Eyecare LLC shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.

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17. TERM AND TERMINATION.

This TOU will take effect at the time You begin using the Services. This TOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing all use of the Services. Sections 3, 4, 7, 8, 9, 10, 11, 12, 14, 15, and this sentence of this Section 16, will survive the termination of this TOU for any reason.

18. WAIVER & SEVERABILITY

Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

19. DISPUTE RESOLUTION & AGREEMENT TO ARBITRATE THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION.

• a. You and Cornerstone Family Eyecare LLC each agree that any and all disputes or claims with or against any party that relate to or arise from this agreement, your use of or access to this website, or any products or services sold, offered, or purchased through our website shall be resolved exclusively through final and binding arbitration, rather than in court. The sole exceptions to this requirement are (a) either party may assert individual claims in small claims courts if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and (b) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
• b. Prohibition of Class and Representative Actions and Non-Individualized Relief.
  1. You and Cornerstone Family Eyecare LLC agree that each of us may bring claims that relate to or arise from your use of or access to our website, any products or services sold, offered, or purchased through our Services, or communications (including calls, texts, or emails) that relate to or arise from your use of or access to our website only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq., the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq.,Texas Capture or Use of Biometric Identifier Act, Bus. & Com. § 503.001 et seq., and other federal and state telemarketing and privacy laws. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.
• c. Arbitration Procedures.
  1. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
  2. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
  3. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us unless the arbitrator requires otherwise.
  4. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  5. This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.
  6. Costs of Arbitration Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. Each party shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. Notwithstanding anything to the contrary, Cornerstone Family Eyecare LLC will pay all fees and costs that we are required to pay by law.
• d. Confidentiality
  1. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
• e. Severability
  1. If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply, except if an arbitrator or court decides that any of the provisions under the subheading “Prohibition of Class and Representative Actions and Non-Individualized Relief” of this Agreement to Arbitrate are invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement will continue to apply.

20. APPLICABLE LAW & VENUE

  a. The law applicable to the interpretation and construction of this Agreement and any transaction using or related to the website, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Texas, USA, without regard to principles of conflict of laws, subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating your access to or use of the website, including all disputes will be governed by the laws of the United States and by the laws of the State of Texas.

  b. Any action relating to use of this website or any transaction must be brought in the state or federal courts serving Hamilton County, Ohio, for any lawsuit or court proceedings permitted under this Agreement. You consent and submit to the personal jurisdiction of such courts for the purposes of any such actions. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

21. INDEPENDENT PARTY

You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Cornerstone Family Eyecare LLC as a result of this TOU or your utilization of the Services.

22. ENTIRE AGREEMENT.

This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Services represent the entire agreement between You and Cornerstone Family Eyecare LLC with respect to use of the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Cornerstone Family Eyecare LLC with respect to the Services.

23. NO ASSIGNMENTS.

You may not assign or transfer any rights under this Agreement without the prior written consent of Cornerstone Family Eyecare LLC.

24. UPDATES TO TERMS.

Cornerstone Family Eyecare LLC may make changes to these TOU, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the TOU constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.

25. HEADINGS

Headings are for convenience only.