Terms And Conditions
Terms and Conditions
These Terms and Conditions (these “Terms”) shall govern the sale of product(s) by and between Eyevance Pharmaceuticals and its affiliates (“Eyevance”) and the party ordering the product(s) (“you” on this website www.shopfreshkotepf.com (“Website”) By using this Website and/or purchasing such product(s) on this Website, you agree and consent to be legally bound by these Terms. Please note that we reserve the right to change and/or replace these Terms, in whole or in part, at any time without notice by updating this posting.
PLEASE READ THE TERMS CAREFULLY BEFORE BROWSING OR MAKING A PURCHASE FROM THIS WEBSITE. THE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. YOUR CURRENT USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS FOR YOUR CURRENT USE. EACH TIME YOU MAKE USE OF THIS WEBSITE, REVIEW THE TERMS AGAIN IN ORDER TO ENSURE THAT YOU ARE AWARE OF AND ACCEPT THE THEN-CURRENT TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
- Certain Acknowledgements. By using this Website, you acknowledge and agree with each of the following:
(a) You (i) have read and understand these Terms; (ii) accept and agree to be bound by these Terms; and (iii) accept and agree to abide by all laws and regulations applicable to the subject matter of these Terms.
(b) Eyevance may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features or Content (as defined below) at any time.
(c) Eyevance may impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability. Eyevance may terminate your use of this Website at any time at its sole discretion.
(d) Eyevance may, in its sole discretion and without prior notice, terminate your access to this Website and/or block your future access to this Website if Eyevance determines that you have violated these Terms or other agreements or guidelines associated with your use of this Website.
(e) Eyevance is not a healthcare provider and is not engaged in rendering medical or similar professional services or advice. The information on this Website is not intended to, and does not, replace medical advice offered by a healthcare provider. If you require medical advice, please consult a professional healthcare provider. You agree not to rely on any information on this Website to make health-related decisions. IF YOU BELIEVE YOUR MEDICAL CONDITION IS URGENT OR LIFE-THREATENING, CONTACT YOUR LOCAL EMERGENCY MEDICAL SYSTEM IMMEDIATELY.
(f) Any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Eyevance, for which monetary damages would be inadequate, and you consent to Eyevance obtaining any injunctive or equitable relief that Eyevance deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Eyevance may have at law or in equity.
- User Conduct. You agree at all times when using this Website: (a) to use this Website solely for your personal, non-commercial use; (b) not to create or use a false identity on this Website; (c) not to attempt or actually use another’s account or information; (d) not to attempt to obtain unauthorized access to this Website or portions of this Website that are restricted from general access; (e) not to disrupt or interfere with any other user’s enjoyment of this Website or linked websites; (f) not to introduce viruses, corrupted data or other harmful, disruptive or destructive files; (g) not to disrupt or interfere with the security of this Website and any services, system resources, servers or networks connected to or accessible through this Website or linked websites; (h) not to violate any law, contract, intellectual property or other third-party right or commit a tort; and (i) not to transmit through or on this Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
- Website Intended Audience. This Website is intended for and directed to residents of the United States of America. This Website is not intended for anyone under the age of 18.
Purchases. By placing an order for products through this Website, you represent that the products ordered will be used only in a lawful manner. Any products purchased are for personal use only. The products cannot be resold and cannot be given to any third-party. Eyevance reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any product; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all transaction(s); and (d) refuse to provide any user with any product. You agree to pay all charges that may be incurred by you or on your behalf through this Website, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
If you wish to purchase any products made available through this Website, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information. Payment is due at the time you place your order via online payment by credit card. BY INITIATING A PURCHASE, YOU REPRESENT AND WARRANT THAT YOU (I) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (II) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying such information, you authorize Eyevance’s use of such information including, but not limited to, providing such information to third parties for the purposes of order fulfillment and payment processing.
Further, you are responsible for the accuracy of all information you provide that is necessary for us to process your order and/or ship your order to the correct location. If an order has not been shipped, or shipped to an incorrect location due to such inaccuracy, you alone are responsible.
The provision of products is subject to availability. If products are not currently available, Eyevance will inform you as soon as possible. You will be given the option of pre-ordering or waiting until the products are in stock.
- Shipping and Handling. Eyevance will add applicable shipping and handling fees to any orders, based on current shipping and handling rates. Eyevance is not liable for any loss, damage, cost, or expense related to shipment issues. All shipments are processed at Eyevance’s earliest convenience, and any shipment information, arrival date, or delivery date provided is a good faith estimate, and should not be construed as a binding obligation upon Eyevance. All orders placed on or purchased from this Website are delivered to shipment carriers. Eyevance shall not be held responsible for the loss or delay of any items, as the responsibility for shipment of items is transferred exclusively to the carrier. If the products are not delivered, arrive late, or are damaged in transit, you must take this up with the carrier.
- Returns/Refunds Policy. All products purchased on this Website are non-returnable and all sales are final except as otherwise provided herein. If any product purchased on this Website does not conform to the order or is defective at the time it was shipped by Eyevance to you then, subject to Eyevance’s right to verify that such product is defective or non-conforming at the time of shipment to you, you may return the defective product to Eyevance within thirty (30) days after your receipt; provided that you notify Eyevance describing the defect or non-conformity, obtain advance approval for the return, and comply with such other return instructions as Eyevance may reasonably require. Eyevance shall, at your option, either replace the product or refund the purchase price you paid for the product. In the event that you elect replacement, Eyevance shall supply such replacement product at no additional cost within fifteen (15) days of Eyevance’s receipt of the returned product. In no event shall Eyevance be responsible to replace or refund for any product (a) that has been damaged by abuse or misuse, or (b) was damaged by or during shipping to you. The repair and replacement provided for in this section shall be your sole and exclusive remedy for any claim relating to any alleged defect or nonconformity in the products.
Account and Password. You may be required to register an account and create a password to access portions of this Website. If you create an account, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or Eyevance has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Eyevance has the right to suspend or terminate any account you establish in connection with your use of this Website and refuse any and all current or future use of this Website or any portion thereof.
You agree to be fully responsible for all access, use and activities that occur under your account and password. You are solely responsible for maintaining the confidentiality of your account and password. You must not disclose your account and password to anyone. You agree to immediately notify Eyevance of any breach of security of your account or password, such as theft, unauthorized use, attempted use, or tampering. You may be held liable for losses incurred by Eyevance or any other user of or visitor to this Website due to someone else using your account or password as a result of your failing to keep your account information secure and confidential.
Data Privacy and Security. Eyevance may use a third-party credit card merchant to take your payment. This third-party will check and process your payment details. There are strict obligations that govern credit card merchants' handling of personal data. However, Eyevance cannot be held responsible for actions by this third-party. Eyevance accepts no liability for loss and/or damage, whether direct or indirect, that you may suffer as a result of this third-party’s acts and/or omissions. Eyevance advises you to print and retain a copy of each card transaction for future reference.
There is an inherent risk that any communication, whether by e-mail, fax, telephone, or post, can be intercepted by third-parties. Eyevance does not accept any liability for external compromise of security and/or confidentiality in relation to transmissions sent by any of these media.
This Website may place cookies on your computer. Cookies are software applications placed on your hard drive by many websites. The aim of a cookie is to track your website preferences and habits in order to make visits more productive. You should ensure that your browser software is set not to accept cookies if you do not wish to receive them.
Proprietary Rights. You acknowledge and agree that all text, graphics, drawings, video, audio, product or service listings, design, configurations, files, software and other content provided on this Website and the selection and arrangement of the same (collectively “Content”) is protected by U.S. and international intellectual property laws, including without limitation copyright. You further acknowledge and agree that Eyevance and licensors are and remain the owners of the Content and all intellectual property rights embodied therein. Eyevance makes the Content available to you solely for your personal, informational and non-commercial use. You may not copy, modify, distribute, publicly perform or display, frame, republish, post, transmit or sell the Content or any portion thereof in any form or by any means, without Eyevance's prior written consent. You may not extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Website.
All trademarks, service marks, product names, company names and logos on this Website (the “Marks”) are the property of Eyevance or its affiliates or licensors. You may not copy or use any of the Marks, or any marks likely to cause confusion, without the prior written consent of Eyevance.
Nothing contained in this Website will be construed as conferring any right or license to any party. All rights not expressly granted herein are reserved to Eyevance; there are no implied licenses granted under these Terms.
DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF WEBSITE. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL, INFORMATIONAL, AND NON-COMMERCIAL PURPOSES ONLY. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EYEVANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EYEVANCE DOES NOT MAKE ANY WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. EYEVANCE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE.
WE DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
EYEVANCE URGES YOU TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER COMPETENT MEDICAL PRACTICIONER BEFORE USING THE PRODUCTS OFFERED ON OR THROUGH THIS WEBSITE, SINCE YOU MAY BE TAKING A MEDICATION OR OTHER DIETARY SUPPLEMENTS, OR MAY HAVE A MEDICAL CONDITION THAT MAKES THIS PRODUCT INAPPOROPRIATE FOR YOUR USE. EYEVANCE DISCLAIMS ALL LIABILITY FOR ANY INJURY OR ILLNESS THAT YOU SUSTAIN AS THE RESULT OF NOT SOLICITNG SUCH ADVICE, AS A RESULT OF HAVING RECEIVED INCOMPLETE OR INACCURATE ADVICE, OR AS A RESULT OF HAVING ANY ADVERSE PHYSICAL REACTION WHETHER OR NOT YOU FIRST CONSULTED WITH A MEDICAL PRACTITIONER.
Limitation of Liability. Under no circumstances will Eyevance, its officers, directors, employees, agents, licensors or suppliers be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages, whether based on contract, tort, negligence, strict liability or otherwise, in connection with any use of or the inability to use this Website or the Content or any Content or services accessible through this Website, or any website linked to this Website, including without limitation damages for loss of profits, use, data or other intangibles, even if Eyevance has been advised of the possibility of such damages. The above limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction. In no event shall Eyevance’s aggregate liability arising out of or related to these Terms, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to Eyevance for the product(s) sold hereunder.
Eyevance shall not be liable for any damages resulting from the failure, by any party, to protect your passwords or account information. Eyevance shall not be liable for any failure or performance delay under these Terms due to circumstances beyond Eyevance’s control including, but not limited to, natural catastrophes, governmental acts, laws or regulations, terrorism, labor strikes or difficulties, communication system interruptions, hardware or software failures, transportation interruptions, or any inability to acquire materials or supplies.
If any information, products, or services are offered by third parties through this Website, you acknowledge that Eyevance does not control such information, products or services. Eyevance and its affiliates assume no responsibility for and make no representation or warranty as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other Content or of any products or services distributed or made available by any third-party. Some states and jurisdictions do not allow the limitation or exclusion of certain warranties or conditions; thus, the above limitations might not apply to you. If you are dissatisfied with any portion of this Website or with any of these Terms, then the sole and exclusive remedy for you is to discontinue using this Website.
- Electronic Communications. The information communicated on this Website constitutes an electronic communication. When you communicate with us through this Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that Eyevance may communicate electronically, subject to local privacy laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
- Termination of Use. Eyevance may at any time terminate your use of or access to this Website and may delete any or all of your user content without prior notice if we have a good reason to do so which includes any breach by you of these Terms. Eyevance will not be responsible for any loss or harm you may suffer as a result of termination of your use of this Website in these circumstances. In the event of any termination you must stop using this Website and you agree that the provisions of the Agreement shall survive any such termination.
- Modification or Suspension of this Website. Eyevance will make reasonable efforts to make this Website available, but Eyevance may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently this Website or parts of it without notice. Eyevance will not be responsible for any harm or loss you may suffer as a result of such actions.
- Links and Third-Party Content. This Website may include links to third-party websites. Eyevance makes these links available as a convenience to you but their inclusion on this Website does not constitute an endorsement, sponsorship or recommendation by Eyevance of the linked websites or any content, services or products available on or through such websites or the companies associated with such websites.
Eyevance does not review or control the content of third-party websites, including without limitation the privacy policies governing such sites. Eyevance expressly disclaims any responsibility for the content of any third-party website linked to this Website. If you link to any third-party website, you do so strictly at your own risk. Eyevance urges you to read the privacy policies at each of these websites you visit.
- Indemnification. You agree to indemnify and hold harmless Eyevance and its affiliates and their respective directors, officers, employees, agents, or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms; (b) your use of this Website including without limitation transmission or placement of information or material by you on this Website; and (c) any claim or allegation that any of your user content infringes the intellectual property or other proprietary rights, or privacy rights, of any third-party.
- Governing Law; Jurisdiction. You agree that all matters relating to your access to or use of this Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction and venue in the state and federal courts located in Tarrant County, Texas and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to costs and attorneys’ fees.
- Miscellaneous. These Terms constitute the entire agreement between you and Eyevance with respect to your use of this Website. These Terms apply exclusively to your access to and use of this Website and do not alter the terms or conditions of any other agreement that you might have with Eyevance. Please note that if you visit the website of any other Eyevance affiliate, then you will be subject to the terms and conditions of such Website, which may differ from these Terms. Eyevance’s failure to insist on or enforce strict performance of these Terms shall not be construed as Eyevance’s waiver of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Eyevance and you or any other party be deemed to modify any provision of these Terms. If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, then (i) the provision of the Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable and (ii) the other provisions of these Terms will remain in full force and effect. The parties further agree to replace such invalid or unenforceable provision, or portion thereof, with a valid and unenforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.
- Contact Information. If you have any questions or concerns with respect to these Terms or this Website, you may contact us as identified in the “Contact Us” section of this Website.