TERMS AND CONDITIONS

Effective date: January 1, 2014

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS OF USE” OR “AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE (“TRIOO” OR “SITE”). YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY OF THE SERVICES. IF YOU HAVE ANY QUESTIONS REGARDING OUR TERMS OF USE, PLEASE CONTACT TRIOO (COLLECTIVELY “WE”, “US” OR “OUR”) AT support@trioo.com

PRIVACY

Please refer to our Privacy Policy page to fully understand how we collect and use your information. Our Privacy Policy is incorporated into our Terms of Use.

DISCLAIMER

TRIOO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRIOO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TRIOO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIOO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT TRIOO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

COPYRIGHT & TRADEMARK

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

INDEMNIFICATION

You agree to indemnify Trioo for certain of your acts and omissions that violate this Agreement or the law. You agree to indemnify, defend, and hold harmless Trioo, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, any false, disparaging or defamatory statements, as well as any other user of your account. Trioo will notify you promptly of any claim, loss, liability, or demand.

THIRD PARTY LINKS

From time to time, this Site may contain links to websites that are not owned, operated or controlled by Trioo or our respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.

LIMITATIONS OF LIABILITY

In no event shall Trioo, its directors, suppliers, officer, employees, or agents be liable to you for any direct, indirect, punitive, special, incidental, or consequential damages whatsoever resulting from any of the following: (a) Mistakes, errors, or inaccuracies with regard to the content contained on this Site; (b) Any unauthorized access to or use of the site or Trioo’s secure server and/or any and all personal information and/or financial information stored therein;(c) Any cessation or interruption of transmission to or from the Site; (d) Any viruses, trojan horses, bugs or the like that may be transmitted to or through our Site by any third party; or (e) Any errors or omissions in any content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content contained on this Site, whether based on strict liability, tort, breach of contract, breach of warranty or any other legal theory and whether or not Trioo was advised of the possibility of such damages.

REGISTRATION

As a condition to using certain aspects of the Service, you will be required to register with Trioo and select a password and screen name (“Trioo User ID”). You shall provide Trioo with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Trioo account. You shall not (i) use as a Trioo User ID a name that is otherwise offensive, vulgar or obscene; (ii) select or use as a Trioo User ID a name of another person with the intent to impersonate that person; or (iii) use as a Trioo User ID a name subject to any rights of a person other than you without appropriate authorization. Ditto reserves the right to refuse registration of, or cancel a Trioo User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Trioo password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Trioo in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

USER SUBMISSIONS

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content onto the Site.

Other than personally identifiable information, which is subject to this Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

MODIFICATIONS

Trioo may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site, Products offered and/or the Service; and (c) discontinue the Site, products offered and/or Service at any time.

PROHIBITED USE

The site is for input of your personal and prescription information only. You are prohibited from violating or attempting to violate any security features of the Site or Service

ELECTRONIC COMMUNICATION

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

PRESCRIPTION

When you are fitted for eyeglasses by your Eye Care Practitioner, they should provide you with a paper copy of your prescription. Keep in mind that spectacle and contact lens prescriptions can be different, so you should ensure that you are ordering the parameters for your spectacles and not for your contact lenses.

PAYMENT AND FEES

Trioo reserves the right to require payment of fees for certain features of the Service. If you decide to subscribe to these certain features, you shall pay all applicable fees, as described on the Sites in connection with such features. Trioo reserves the right to change its price list and to institute new charges at any time, upon seven (7) days prior notice to you, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

MONITORING

Trioo shall have the right, but not the obligation, to monitor the content of the Service including any chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by Trioo and to satisfy any law, regulation or authorized government request. Trioo shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, Trioo shall have the right to remove any material that Trioo in its sole discretion, finds to be in violation. Although Trioo reserves the right to remove, without notice, any posting for any reason, Trioo has no obligation to delete submissions that you may find objectionable or offensive.

SEVERABILITY
The Terms of Use are the entire agreement between you and Trioo with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Trioo with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that content available by means of the Site infringes one or more of your copyrights, please immediately notify Trioo by means of emailed notice ("Infringement Notice") providing the information described below to the email address listed below. If Trioo takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Trioo. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

All Infringement Notices should include the following:

A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit Trioo to find and positively identify that content;
Your name, address, telephone number and email address; and
A statement by you: (i) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be scanned and sent to contact@trioo.com.

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