Please Read Carefully Before Using This Website
All users of this website agree that their access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please refrain from using this site.
The entire content, including text, graphics, and code, on this site is collectively copyrighted under United States and other copyright laws and is the property of Gaffos Inc. This includes works licensed to Gaffos Inc. Copyright 2008, Gaffos Inc. ALL RIGHTS RESERVED. You are granted permission to electronically copy and print hard copy portions of this site solely for placing an order with Gaffos Inc. or purchasing Gaffos Inc. products. You may also display and, subject to any expressly stated restrictions or limitations on specific material, download or print portions of the material from various areas of the site solely for your personal non-commercial use or to place an order with Gaffos Inc. Any other use, including but not limited to reproduction, distribution, display, or transmission of the content on this site, is strictly prohibited unless authorized by Gaffos Inc. You also agree not to alter or remove any proprietary notices from materials downloaded from the site.
All trademarks, service marks, and trade names used in the site are trademarks or registered trademarks of Gaffos Inc.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Gaffos Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Gaffos Inc. 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. Gaffos Inc. does not make any warranties or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Gaffos Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Gaffos Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Gaffos Inc. product is mistakenly listed at an incorrect price, Gaffos Inc. reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Gaffos Inc. also reserves the right to refuse or cancel any such orders, whether or not the order has been confirmed and the credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Gaffos Inc. will issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your access to the site and/or completion of the registration or shopping process. Gaffos Inc. may terminate these terms and conditions, or any part of them, without notice at any time and for any reason. Provisions related to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination.
Gaffos Inc. may deliver notices to you through email, general site notices, or other reliable methods to the address you have provided to Gaffos Inc.
Your use of this site shall be governed by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction and venue for any legal proceeding arising directly or indirectly from or relating to this site (including but not limited to the purchase of Gaffos Inc. products) shall be in the state or federal courts located in Nassau County, New York. Any cause of action or claim you may have regarding the site (including but not limited to the purchase of Gaffos Inc. products) must be filed within one (1) year after the claim or cause of action arises. Gaffos Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these terms and conditions. Gaffos Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any form on the site, including via email, chat, or through the use of obscene or abusive language, is strictly prohibited. Impersonation of others, including a Gaffos Inc. employee or representative, is prohibited. You may not upload, distribute, or otherwise publish any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable. This includes content that may constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any law. You may not upload commercial content to the site or use the site to solicit others to join or become members of any other commercial online service or organization.
Valid Prescription Required
By placing your order, you certify that you have a valid prescription for the eyeglasses you are ordering. You further certify that the information you provide on the site matches your prescription provided by your eye care professional and that you will renew your prescription as recommended by your eye care provider. Note that your prescription must be valid on the date of your order. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements or within two years of the date of the prescription. Gaffos will not fulfill your order unless you have a valid prescription. You consent to our contacting your eye care provider or you providing a copy of your original prescription to us if necessary to verify your prescription information and other required information.
Gaffos Inc. does not review all communications and materials posted to or created by users accessing the site and is not responsible for the content of these communications and materials. Gaffos Inc. acts as a passive conduit for distributing user-generated content on the site and does not assume any obligation or liability relating to any content or activities on the site. However, Gaffos Inc. reserves the right to block or remove communications or materials that it deems abusive, defamatory, obscene, fraudulent, deceptive, misleading, in violation of copyrights, trademarks, or other intellectual property rights, or offensive.
You agree to indemnify, defend, and hold harmless Gaffos Inc., its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.
Gaffos Inc. may provide links to third-party sites in an effort to enhance the value to our visitors. However, Gaffos Inc. has no control over these linked sites, each of which has separate privacy and data collection practices independent of Gaffos Inc. Access to these linked sites is at your own risk. Gaffos Inc. seeks to protect the integrity of its website and links but welcomes feedback on its site and the linked sites it references.