Shoptikal LLC d/b/a Shopko Optical Terms of Use Agreement

Thank you for visiting the Shoptikal LLC d/b/a Shopko Optical (“Shopko Optical”, “we”, “us”, and/or “our”) website (the “Site”). This Terms of Use Agreement (“Agreement”) sets forth the terms and conditions that apply to your use of our Site. The effective date of this Agreement is August 19, 2025. This version of the Agreement replaces and supersedes any prior terms of use applicable to this Site.

This Site is owned by us. This Site is only for your personal, non-commercial use, and your use of this Site is subject to your acceptance of and compliance with this Agreement. Please read the terms contained herein carefully before using this Site and/or the services associated therewith. YOUR USE OF THIS SITE IN ANY WAY, INCLUDING BUT NOT LIMITED TO, THE ASSOCIATED SERVICES, BROWSING, USING INFORMATION CONTAINED IN THE SITE, AND/OR SUBMITTING INFORMATION TO THE SITE, CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. If you do not accept these terms and conditions, do not use this Site.

I. General Use and Site License

  1. This Site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Site without the supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site by children, minors, and others under your care, and you agree to be responsible for their use of this Site.
  2. THE USE OF THIS SITE IS NOT INTENDED FOR THE PURPOSE OF IDENTIFYING A DISEASE OR CONDITION, A CURE, TREATMENT, OR PREVENTION OF ANY DISEASE OR CONDITION. The content contained in this Site is provided by us as a service to our customers. This Site does not contain information about all diseases, nor does this Site contain all medical information that may be relevant to any individual’s circumstances. All content provided in this Site is only general health information and is only intended to facilitate communication between you and your healthcare provider. It is not intended for diagnosis and cannot provide a diagnosis for any particular individual and should not be used as a substitute for seeking professional medical advice, diagnosis, treatment, or care. All specific medical questions you have about your medical condition, treatment, care, or diagnosis should be presented to your professional healthcare provider. You should never disregard medical advice or delay in seeking it because of something you have read on this Site. Your reliance on this Site related to any medical advice, treatment, care, diagnosis, or otherwise is solely at your own risk.
  3. We grant you a limited, non-exclusive, revocable license to make personal and non-commercial use of this Site. You may view, copy, download, or print materials from this Site for your own personal and non-commercial use. In this context, “personal and non-commercial use” does not include posting, uploading, or otherwise publishing the materials to any other Site, except that you may post and share materials from this Site in connection with your non-commercial and personal use of social media websites and services, as well as through blogs or similar types of postings. This license does not include any rights not specifically enumerated herein. You agree to use this Site only for lawful purposes and in compliance with the terms and conditions contained in this Agreement.
  4. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right: (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish, or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of us and our affiliates, or to make derivative use of the Site or its contents; (b) to make commercial use of the Site or any of its contents; (c) to collect and use product listings, descriptions or images; (d) to download or copy any user’s profile information for your own use or for the benefit of another party; (e) to bypass any technical measures used to prevent or restrict access to any portion of the Site; (f) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (g) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; (h) to violate or attempt to violate the security of the Site; (i) to interfere with or attempt to interfere with the proper working of the Site; (j) to use this Site for an unlawful or criminal purpose, or any other use that would give rise to criminal liability; or (k) to use this Site for any purpose that is otherwise prohibited by this Agreement.
  5. You acknowledge that your use of this Site is at our sole discretion, and your license to use the Site may be terminated by us at any time, for any reason, or no reason at all. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site, to terminate any user’s profile, and to alter or delete any material submitted to the Site through the user’s profile. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
  6. You acknowledge that in order to use this Site you may be required to provide additional information, including but not limited to creating a user profile, to receive access to certain aspects of this Site. If you elect not to provide us with such information, you may not be able to access certain aspects of this Site, or the Site at all.
  7. You acknowledge that if you attempt to purchase or conduct a transaction on our Site, you may be asked for additional information such as payment method, payment information, billing address, mailing address, and other information related to such transaction. By submitting such information, you give us the right to provide or transfer such information to third parties to facilitate the purchase or transaction by you or on your behalf. You may be required to verify your information prior to the completion of such purchase or transaction. BY ATTEMPTING TO PURCHASE OR CONDUCT A TRANSACTION ON OUR SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY AND LEGAL RIGHT TO USE ANY PAYMENT USED IN CONNECTION WITH SUCH PURCHASE OR TRANSACTION.
  8. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information, payment information, billing information and other registration information, is truthful, accurate, current and complete. You acknowledge that you agree to provide true, accurate, current and complete information about yourself, including that you have a valid prescription, in relation to your use of the Site. When applicable, you consent to us by contacting your eye care provider to validate your prescription and any other necessary information.

II. Your Information

1. Please see our Privacy Policy  to learn how we collect, use, and share your information.

 

III.  Profile

  1. Before you can make use of certain services associated with this Site, you must register as a user and create a profile (“Profile”). You further agree to maintain the accuracy of your Profile information and to inform us promptly of any changes to your Profile information, including but not limited to any changes to your email address. 
  2. You agree to accept responsibility for all activities that occur under your Profile. You agree not to disclose your Profile password to others, and you agree to notify us immediately of any unauthorized use of your Profile. We are neither responsible nor liable for any loss or other injury that you may incur as a result of someone else using your Profile or password, either with or without your knowledge.
  3. By creating a Profile with us, you consent to receiving communications from us electronically via the email address, via text message, or via call to your phone number associated with your Profile. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your Profile or administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. Sec. 7701 et seq.).

 

IV.  Intellectual Property Rights

  1. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text, trademarks, logos, service marks, trade dress, product names, packaging, slogans and other material, is the property of us or our suppliers, licensors, partners, affiliates, or is used with permission of the applicable owner and is protected by both United States and international copyright laws. The compilation of this Site is the exclusive property of us. You agree that you will not take any actions inconsistent with our ownership of the Site and its content. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the content described above. Nothing contained in this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the content described above. We or our affiliates’ content may not be copied, imitated, or used, in whole or in part (including use in meta tags or hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with our, our affiliates’, or any third party’s ownership of the content used on this Site.
  2. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. 

  

V. User Content and Activity

  1. From time to time, we may make available on this Site services, features, or sections that allow users to post or upload materials to the Site or our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site or any associated services.
  2. You represent and warrant that: you own or otherwise control all the rights to any Content that you upload, transmit, or otherwise make available through the Site; use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not: (a) provide any Content that is unlawful (according to local, state, federal, or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material; (c) provide any Content that you do not have a right to provide under law or a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers to disguise the origin of any Content you provide. You agree that you will indemnify us or our affiliates for all claims resulting from or related to Content you post or submit.
  3. You hereby expressly grant to us a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium, or existing or later developed technology, without restriction and compensation of any kind to you, and you waive all moral rights in all such Content. 
  4. We do not control the Content delivered via the Site by you or other users, and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Site.
  5. The opinions expressed in postings or other Content on this Site are not necessarily those of us or our content providers, advertisers, sponsors, affiliated, or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Site. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
  6. We may not, and is not obligated to, regularly review, monitor, delete, or edit the Content of the Site as posted by users. However, we reserve the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content or alteration or deletion of any Content, even if we were advised of the possibility of such damages. 
  7. You acknowledge, consent, and agree that we may access, preserve, and disclose your Profile information and any Content you submit if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, brand, image, property, or personal safety of us, our affiliates, its personnel, other users, and the public.

 

VI. Site Promotions and Transactions

  1. We are not responsible for typographical or other errors or omissions regarding products, prices, color, style, material, or other information provided on this Site. All product sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices and promotions are subject to change without prior notice, and inventory and availability are subject to change.
  2. Depending on your location, items purchased from this Site may be subject to tax at the appropriate state and local rate. Applicable taxes will be displayed during the ordering process.
  3. All items purchased from this Site are made under a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
  4. Our acknowledgment of an order does not mean that your order has been accepted or shipped, it also does not mean that the product is available or at that price. We aim to accurately describe, price, and display our products on our Site. However, products may be mispriced, unavailable, or contain inaccuracies in the description. We also may experience delays relating to updating our Site. As a result, we cannot ensure the accuracy or completeness of any information, price, image, description, availability, or image of our products. We reserve the right to do any of the following, including but not limited to: 1) refuse to sell products to you if it reasonably appears to us that you intend to resell the products;  2) limit quantities of items purchased by each customer and/or discontinue any product or service; 3) to cancel any order or part of an order; 3) to refuse a product or service to anyone for any reason; 4) refuse to honor a coupon or promotion; and/or 5) prevent and bar a user from making or completing any or all transactions. We reserve the right to charge fees or extra shipping charges for any back-ordered product. Specific to residents of California, we do not sell or ship products to California.
  5. We may offer and/or co-sponsor contests, sweepstakes, games, or other similar promotions via this Site which shall be governed by specific rules accessible from the Site in connection with the promotion.
  6. You acknowledge and agree that you have the legal right to use any payment method allowed by us in connection with any transaction. You acknowledge and agree that you are charged at the time that you place your order and the sale is complete at the time you are charged. After an order is placed, changes cannot be made.

 

VII.  Return Policy 

  1. You may return your contacts to one of our stores along with a completed return form, your printed order confirmation, and provided that your contact box or boxes are not expired, opened, written on, or damaged in any way.  We will not accept returns if your contact box or boxes are expired, opened, written on, or damaged in any way. If you have any other problems with your contacts, please let us know. For returns please see the following link Shipping and Returns. For inquiries related to returns and/or your contacts, please contact us at service.eyecare@shopko.com.

 

VIII.  Links to Third-Party Sites

  1. To the extent that our Site provides links to outside services and resources, the availability and content of which we do not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. We make no representation whatsoever regarding the content of any other website. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such outside service or resource. The use of such links is at your own risk.

IX. Software Downloads

  1. To the extent applicable, software from this Site is subject to United States Export Controls. No software from this Site may be downloaded or exported: (i) into, or to a national or resident of, any other country to which the United States has embargoed goods; or (ii) to anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.

 

X.  Disclaimer of Warranties; Indemnification; Resolution of Disputes

  1. We provide this Site and the associated services in connection with one or more affiliated companies and third-party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify us, and your available remedy in the event of any dispute apply equally to these affiliated companies and agents.
  2. THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS EXPLICITLY PROVIDED WITH A PARTICULAR PRODUCT IN WRITING, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OF CONTENT, OR NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, WE MAKENO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT ANY DISCLOSURES ON THIS SITE SATISFY GOVERNMENT REGULATIONS REGARDING THE DISCLOSURE OF INFORMATION RELATED TO CERTAIN PRODUCTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY, OR ANY OTHER CONTENTS ON THIS SITE.
  3. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT OR GUARANTEE THAT ITS SITE, SERVERS, OR EMAILS SENT BY OR ON BEHALF OF USARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. FURTHER, WE DONOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED, AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND US, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
  4. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WEWILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON OUR COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR PARENT, SUBSIDIARIES, OR AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL AMOUNT YOU PAID TO US.
  5. 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 LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  6. You agree to indemnify, defend, and hold harmless us, our subsidiaries, agents, distributors, and affiliates, and their officers, directors, and employees, from and against any claim, demand, damages, cost, and expenses, including reasonable attorney fees, arising from or related to your use of this Site and the services provided in connection with the Site, or your breach of any provision of this Agreement or any warranty provided hereunder.
  7. You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, or if you do not agree with any part of this Agreement, or if you have any other dispute or claim with or against us regarding this Agreement or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.
  8. This Site is created and maintained by us in the State of Wisconsin. We make no representation that the Site or any of its content is appropriate or available for use outside the United States of America, and access to the Site from territories where the content is illegal is prohibited. You agree that you are solely responsible for compliance with applicable local laws connected with your use of this Site.
  9. You agree that the laws of the State of Wisconsin, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and us or our affiliates. Regardless of where you access this Site, you agree that any action or proceeding arising out of this Agreement or your use of our Site, whether at law or in equity, must be brought in the state or federal courts serving Brown County, Wisconsin, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action relating 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.

  

XI. Voice / SMS / Texting Messaging Services

This section of this Agreement governs the use of voice, SMS or text messaging services (the "Service") provided by us. By subscribing to, or using our Services, you agree to be bound by the following terms. If you do not agree with these terms, please do not sign up for or use our Service.

 

  1. Types of Messages You Can Expect to Receive: By providing your phone number to us, you consent to receive voice, SMS and text communications from us. You may receive the following types of messages, depending on your interaction with our Service:Transactional Messages: Appointment confirmations, reminders, order updates, or customer service communications. FOR TRANSACTIONAL MESSAGES YOU WILL NOT HAVE THE ABILITY TO RECEIVE TRANSACTIONAL MESSAGES VIA VOICE. Account-Related Messages: Notifications related to your account, such as billing or subscription updates.Public Service Announcements (PSAs): Important notices or updates that are relevant to your interaction with our services, as specified in the campaign. 
  2. Voice and/or Texting Cadence: The frequency of messages will vary based on your engagement with our Service. You may receive messages on a regular or occasional basis, depending on the nature of the service or promotion you are subscribed to. Message frequency may vary. 
  3. Call, Message and Data Rates: Call, Message and data rates may apply from your mobile carrier for receiving calls and/or text messages. These rates are determined by your mobile carrier, and we are not responsible for any charges or fees that may be incurred by receiving messages from us. Please contact your mobile carrier for information about your phone plan and/or messaging plan. 
  4. Opting In: By subscribing to our Service, you consent to receive voice, SMS and text messages as described above. This consent is not a condition of any purchase. You may opt-in to receive messages by entering your phone number during a visit to one of our stores or when you create your account on our website.  
  5. Opting Out: You can opt out of receiving SMS or text messages at any time by replying "STOP" to any message we send. Once you opt out, you will no longer receive any text messages. However, if you wish to opt back in, simply reply "RESUME" to our number. For help, reply "HELP."
  6. You can opt out of receiving automated voice messages at any time by emailing us. Once you opt out, you will no longer receive any automated voice messages. To opt out of automated voice messages, please contact us at service.eyecare@shopko.com or 1-866-251-1978. Please include in the subject line for those emails “VOICE OPT OUT”.
  7. Privacy and Data Collection: Your privacy is important to us. Any personal information you provide to us through our Service will be handled in accordance with our Privacy Policy. By agreeing to these terms of the Service, you consent to our collection and use of your information as outlined in the Privacy Policy . We do not share your information with third parties for marketing purposes without your consent.

 

 

XII.  Copyright Infringement Claims

  1. We respect the intellectual property rights of third parties and comply with the terms of the Digital Millennium Copyright Act regarding such rights. We reserve the right to remove access to infringing material posted to its Site. Such actions do not affect or modify any other rights We may have under law or contract. If you believe that any portion of the material contained on this Site infringes your copyright, notify us of your claim under the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act, 17 U.S.C. sec. 512(c)(3).

Written Notification must be submitted to this Site’s Designated Agent:

Fielmann USA Inc.

Attn: General Counsel

700 Pilgrim Way

Green Bay, WI 54304

 

To be effective, the Notification must be in writing and contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work(s) claimed to have been infringed;

3. Identification of the material that is claimed to be infringing the copyright including sufficient information to reasonably locate the material;

4. The name, address, telephone number, and, if available, an email address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Upon receipt of the written Notification containing the information outlined above, we will:

1.  Remove or disable access to the material that is alleged to be infringing;

2. Forward the written notification to such alleged infringer;

3. Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

 

A Counter Notification will be effective if in writing, provided to the Designated Agent, and include substantially the following:

1. A physical or electronic signature of the alleged infringer;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the Federal District Court for the judicial district in which the infringer’s address is located or, if outside of the United States, for any judicial district in which we may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.

 

Upon receipt of a Counter Notification containing the information outlined above, we will:

1. Promptly provide the complaining party with a copy of the Counter Notification;

2. Inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided to our Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our network or system.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

 

XIII.            General Information

  1. This Agreement represents the entire understanding between the parties regarding your use of the Site, and supersedes all other agreements, express, or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of us. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Our failure to act regarding a breach of this Agreement by you or others does not constitute a waiver of its rights regarding that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  2. We reserve the right to change this Agreement at any time in our sole discretion. If we decide to change our Agreement, we will post the changes on this page. Please review this page periodically to see any updates to the information provided here.
  3. No waiver by us of any term or condition in this Agreement shall be deemed a further or continuing of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision of this Agreement shall not constitute a waiver of such right or provision.
  4. The section titles in this Terms of Use Agreement are for convenience only and have no legal or contractual effect.
  5. Any rights not expressly granted herein are reserved.

 

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

 

Fielmann USA Inc.

700 Pilgrim Way

Green Bay, WI 54304

 

service.eyecare@shopko.com

1-866-251-1978