U.S. - MODEL TERMS AND CONDITIONS
WEB SITE TERMS AND CONDITIONS
LUXOTTICA ENTITIES WEB SITE TERMS AND CONDITIONS


Welcome to Bluroom.luxotticaretail.com (the "Site"). LensCrafters, Inc. and its affiliates (defined collectively "Luxottica Retail"), provides the Site and related services subject to the following terms and conditions of use (the "Site Terms"). By accessing, browsing or using the Site you agree to follow and be bound by these Site Terms and Conditions, our Privacy Statement and all applicable laws.

These Site Terms may be updated or revised from time to time. Any access or use of the Site by you after posting of any such updates or revisions shall constitute and be deemed to be your agreement to such revisions or updates. If at any time you do not agree to these Site Terms, please do not use the Site. Luxottica Retail shall have the right to terminate the Site or any products or services offered through the Site, or any individual's right to access or use any portion of or product or service offered through the Site, at any time and without prior notice.

Privacy

We have adopted a Privacy Statement (provided below) that you should refer to in order to fully understand how we collect and use your information.

Electronic Communications

By accessing and using the Site you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the 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.

Ownership Rights

All content included on the Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Luxottica Retail or its suppliers, partners or affiliates and is protected by United States and international copyright laws. The compilation of the Site is the exclusive property of Luxottica Retail and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on the Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Logo usage guidelines are available for each logo and must be followed accordingly. Any other usage of the materials and content on the Site can only be done with the express prior written permission of Luxottica Retail.

U.S. - MODEL TERMS AND CONDITIONS

All trademarks, logos, service marks and trade names are proprietary to Luxottica Retail, its affiliates or other respective owners that have granted the Site the right and license to use such intellectual property. You may not copy or use any trademarks, logos, service marks or trade names, in part or in whole, found on the Site without the express prior written permission of Luxottica Retail.

For further information on how you may obtain authorization to use any materials or content on the Site, please contact bluroom@luxotticaretail.com.

License and Site Access

We grant you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or any of the contents of the Site; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form of any of the contents of the Site, including use of or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any of the contents of the Site; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Site or to collect any information from the Site or any other user of the Site.

Your Account

You are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you register on the Site, you agree that any information you provide to us will be current, accurate and complete. Luxottica Retail will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Luxottica Retail or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify Luxottica Retail immediately of any unauthorized use of your account and/or password(s), or other breach of security. Matter you may submit to the Site

Any and all communications, comments, questions, notes, messages, postings, ideas, suggestions, or other material which you submit to the Site will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy (provided below), and will become, upon your submission, the sole and exclusive property of Luxottica Retail and Luxottica Retail shall be and is entitled to use anything you submit for any purpose including, but not limited to, developing, manufacturing and marketing products using such material and for promotional and advertising purposes, without compensation of any kind to you, in perpetuity, and including in any and all media whether now known or hereafter devised. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Luxottica Retail. By submitting any materials of any kind to the Site, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Site does not and will not violate or infringe the rights of any third-parties.

Hyperlinks

Luxottica Retail makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site.

Disclaimer of Warranties and Limitation of Liability

THE SITE AND ALL ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND LUXOTTICA RETAIL DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED AND/OR EXPRESS WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. LUXOTTICA RETAIL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. LUXOTTICA RETAIL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT ON THE SITE. LUXOTTICA RETAIL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS APPLY EVEN IF LUXOTTICA RETAIL OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE SITE AND/OR ITS CONTENT. BY USING THE SITE YOU EXPRESSLY AGREE THAT ALL USE YOU MAY MAKE OF THE SITE, INCLUDING ALL USE OF ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS MADE SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL LUXOTTICA RETAIL, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

Indemnification

You agree to defend, indemnify, and hold harmless Luxottica Retail, its parent, affiliates, subsidiaries and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs, arising out of or relating to your breach of these Site Terms or your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Site Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.

Miscellaneous

These Site Terms constitute the entire agreement between you and Luxottica Retail with respect to the subject matter hereof, and supersede all previous written or oral agreements with respect to such subject matter. No waiver by Luxottica Retail of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Site Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Site Terms and shall not affect the validity and enforceability of any other provisions of the Site Terms. Luxottica Retail shall not be liable for any nonperformance or delay in performance caused by any act or condition beyond its reasonable control. These Site Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts or choice of laws principles. In any matter connected with the Site or these Site Terms, you consent exclusively to personal jurisdiction in the federal or state courts located in Warren County, Ohio and/or the Southern District of Ohio.

Software

To the extent applicable, software from the Site is further subject to United States Export Controls. No software from the 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) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on the 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.

Contact Us

If you have any questions or suggestions regarding these terms and conditions,
please contact us at:
Luxottica Retail
4000 Luxottica Place
Mason, Ohio 45040
Phone: 513-765-4321
Email: bluroom@luxotticaretail.com

BLUROOM.LUXOTTICARETAIL.COM PRIVACY STATEMENT


Bluroom.luxotticaretail.com intranet (the "Site") offers registered visitors access to a variety of features, offerings and content. When you register with and use the Site, you provide Lenscrafters, Inc. and its affiliates ("Luxottica Retail") with personally identifiable information. Luxottica Retail is the sole owner of all information collected on the Site. This Privacy Statement describes the types of information we collect from you when you visit Bluroom.luxotticaretail.com, and explains what we do with that information. This Privacy Statement is effective as of December 1, 2007, and will remain in effect until we replace it.

Information Collection & Use

Your information consists of personally identifiable information collected or received about you when you interact with the Site as a registered user. Your information may include: (a) registration-related information (such as name and ID number); (b) information about your visits to the Site; (c) information about the Site services or offerings that you use, and how frequently you use them; (d) help desk information about you as a user or (e) information provided in connection with a Site offering (such as a survey or contest).

Your information may also include certain technical information gathered or received when you use the Site. Some of the technical information that may be collected or received includes: the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using (e.g., Windows XP or Mac OS), CPU type (e.g. Pentium), your manner of connecting to the Internet (e.g., connection speed through narrowband or broadband access); Internet protocol address; other information about your geographic location; and the domain name of your Internet service provider.

Your information is used to: (a) operate and improve the Site; (b) personalize the content provided to you; (c) communicate with you and respond to your inquiries; (d) conduct research about your use of the Site and (e) analyze trends. Luxottica Retail may use agents and contractors in order to help operate, manage and improve the Site. If such agents and contractors have access to personally identifiable information, they are required to protect this information in a manner that is consistent with this Privacy statement by, for example, not using the information for any purpose other than to carry out the services they are performing for Luxottica Retail.

Your information is shared with our affiliates and subsidiaries including, but not limited to EyeMed Vision Care, Pearle Vision, Cole Vision Corporation, and Sunglass Hut. We may also share your information with such other affiliates or subsidiaries that we may acquire at some future time. Collectively, we refer to these subsidiaries and affiliates as the "Luxottica Companies." Other than the Luxottica Companies, any successor entities to the Luxottica Companies, and our agents and partners, or as otherwise provided in this Privacy Statement, we do not share your information with third parties.

Cookies

A cookie is a small text file that is stored on a user's computer for recordkeeping purposes. We use cookies on the Site. We may link the information we store in cookies to your information in order to provide a faster and more pleasant online experience.

There are 2 types of cookies: session ID cookies and persistent cookies. The Site uses session cookies to support navigation of the Site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. The Site does not use persistent cookies.

If you reject cookies, you may still use the Site, but your ability to use some areas will be limited. This privacy statement covers the use of cookies by the Site only and does not cover the use of cookies by any advertisers or third party sites that may be linked to from the Site.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on the Site.

Links to Other Sites


The Site contains links to other sites that are not owned or controlled by Luxottica Retail. Also, you may have linked to the Site from another site not owned or controlled by Luxottica Retail. Please be aware that Luxottica Retail is not responsible for the privacy practices of such other sites.

Be careful of disclosing any of your personally identifiable information when leaving the Site. We encourage you to be aware when you leave the Site and to read the privacy statements of each and every Web site that collects personally identifiable information.

This privacy statement applies only to information collected by BLURoom.luxotticaretail.com.

Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on the Site, you can e-mail us at
privacyoffice@luxotticaretail.com.

Business Transitions


In the event Luxottica Retail, Lenscrafters or its affiliates goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via a prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information. You consent to the transfer of your personally identifiable information to any such successor entity unless you notify us via email to the contrary.

Changes in this Privacy Statement


If we decide to change our privacy policy, we will post those changes to this privacy statement, which is linked from the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Contact Us


If you have any questions or suggestions regarding our privacy statement, please
contact us at:

Privacy Office
Luxottica Retail
4000 Luxottica Place
Mason, Ohio 45040
Phone: 513-765-4321
Email: privacyoffice@luxotticaretail.com



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