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Terms of Use


Modern Optical International Terms and Conditions of Use

Modernoptical.com (“Modern Optical International”) provides website features to you subject to the following conditions. If you visit or shop at modernoptical.com, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to modernoptical.com, to understand our practices.
PROGRAM QUALIFICATIONS AND RESTRICTIONS
Modern Optical International customers may use the online payment service (“Online Payment”) via the internet with no fee if the following requirements are met:

You must have a current/valid U.S. bank account at a financial institution where the payment will be withdrawn.

You must have a valid credit card. Modern Optical International accepts American Express, Discover, MasterCard & Visa. If you choose the automatic payment option, you must immediately inform Modern Optical of any changes/cancellations to any and all credit cards set up to make such payment.
CUSTOMER REQUIREMENTS
By selecting the “Submit Online Payment” button, you are confirming that you accept these Terms and Conditions (and any future modifications thereof) and agree that by scheduling a payment via Online Payment, you authorize your financial institution and Modern Optical International to initiate debit (s), credit (s) or correction entries for such payments. You promise that you have all necessary rights, power and authority to authorize each such payment and that you will take such steps as your financial institution requires to make such authorization.
YOUR COMMITMENT TO US
It is your responsibility to: Ensure there are sufficient funds available in your checking or savings account to meet each scheduled Online Payment. If there are insufficient funds in your account, your financial institution and Modern Optical International may charge you a fee and/or interest. You are solely responsible for paying any fee and/or interest changed by your financial institution or Modern Optical International. Check your bank account statement to verify that the amounts debited from your account are correct. Any overpayments resulting in a credit balance cannot be refunded but will be applied as a credit on your Modern Optical account.
PAYMENT OBLIGATIONS
Credit card payments made Monday through Friday before 5 p.m. CST will post to your account within 24 hours. ACH payments will post to your account between 5-7 days. Please ensure that your payment is made prior to 5 p.m. on or before the due date of the bill. You are solely responsible for making payments prior to the due date and you are solely responsible for any late fees charged by Modern Optical International not made timely. Late fees for any payments made using the Online Payment are the same as the late fees charged for mailed payments. Online Payment is designed to be available seven days a week, 24 hours a day. However, Modern Optical International shall not be liable for any inability to access Online Payment, or for Modern Optical Internationals’ failure to update any information, for whatever reason.

Modern Optical International does not charge you a convenience fee for using Online Payment. However, your financial institution may charge you fees related to your scheduled payment, including transaction fees or fees for attempting payments without sufficient funds. If a transaction is not honored by your financial institution, a fee may be charged to your Modern Optical International account.
UNAUTHORIZED OR DISPUTED PAYMENTS
If you believe that someone has made an unauthorized payment through Online Payment without your permission, contact your financial institution immediately. You are solely responsible for any unauthorized payments, although your financial institution may provide some form of fraud protection.

In case of disputes or questions about your Online Payment, contact Modern Optical International by email or by calling Customer Service at 1-800-323-2409 ext 500, Monday through Friday 8:00AM to 5:00PM CST (excluding holidays). Modern Optical International must hear from you within sixty (60) days after the first bank statement on which the problem appeared was sent to you. Please provide your name and Modern Optical account number, describe the error or transfer about which you are unsure, why you believe there is an error, and the dollar amount of the suspected error.

Modern Optical International will inform you as to the result of the investigation within ten (10) business days after Modern Optical International hears from you and will correct any error promptly. If more time is needed, however, Modern Optical International may take up to forty-five (45) days to investigate your complaint or questions. If no error is found, Modern Optical International will contact you within three (3) business days after the investigation is completed.
CANCELLATION
Modern Optical International does not permit cancellation of Online Payments after you have scheduled the specific transaction.
TERMINATION
Participation in Modern Optical Internationals Online Payment is completely optional. Modern Optical International reserves the right to suspend or discontinue accepting online payments at any time, for any reason without prior notice. Modern Optical International will attempt to provide you with prior notice of suspension or termination of Online Payment, but Modern Optical International will not be liable for any failure to do so. Neither termination nor discontinuation of Online Payment shall affect your liability for transactions initiated through this service.
OTHER TERMS AND CONDITIONS
  • Modern Optical International has no responsibility for any failure or error in Online Payment, including without limitation, any interruption, omission, mistake, malfunction or delay related thereto. Modern Optical International makes no representation that any data posted is suitable for any particular purpose or use.
  • Online Payment will be operated and used at all times subject to applicable laws, rules, regulations and decisions of federal and state governmental authorities having jurisdiction.
  • Your use of Online Payment does not provide any legal right or interest in any intellectual property used in connection therewith, or derived there from or any text or other content posted in connection therewith, including without limitation any copyright, for which all rights are reserved by Modern Optical International.

Use of Online Payment is at your sole risk. Although Modern Optical International has endeavored to create a secure and reliable service, the confidentiality or security of any communication transmitted or accessible over the internet cannot be guaranteed. Modern Optical International does encrypt your personal information on our systems and in transmission and complies with all applicable laws in handling such information. Accordingly, Modern Optical International and its affiliates are not responsible for the security of any information transmitted or accessed using the Internet. Actual or attempted unauthorized use of this Online Payment service may result in criminal and/or civil prosecution.

Modern Optical International reserves the right to change any terms and conditions of Online Payment at any time. Your use of Online Payment after any changes in such terms and conditions shall constitute your consent to such changes. You agree that Modern Optical International shall not be liable to you or to any third party for any modification, suspension or discontinuance of Online Payment.
ELECTRONIC COMMUNICATIONS
When you visit modernoptical.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. On many occasions 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 communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Modern Optical International and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Modern Optical International and protected by U.S. and international copyright laws. All software used on this site is the property of Modern Optical International or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
In addition, modernoptical.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Modern Optical International in the U.S. and/or other countries. Modern Optical International’s trademarks and trade dress may not be used in connection with any product or service that is not Modern Optical International’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Modern Optical International. All other trademarks not owned by Modern Optical International that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Modern Optical International.
LICENSE AND SITE ACCESS
Modern Optical International grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Modern Optical International. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Modern Optical International. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Modern Optical International without express written consent. You may not use any meta tags or any other "hidden text" utilizing Modern Optical International's name or trademarks without the express written consent of Modern Optical International. Any unauthorized use terminates the permission or license granted by Modern Optical International. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of modernoptical.com so long as the link does not portray Modern Optical International, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Modern Optical International logo or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password 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 are under 18, you may use modernoptical.com with involvement of a parent or guardian. Modern Optical International reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
RISK OF LOSS, CLAIMS AND WRONG SHIPMENTS
All shipments are carefully checked. Any discrepancy should be reported within ten (10) days of receipt. Claims should include customer account number and original invoice. If you find it necessary to forward a package to Modern Optical International, please note that Modern Optical International will not be responsible for parcels lost en route to our distribution center.
WARRANTY
All Modern Optical International frames are fully warranted against all manufacturing defects in materials or workmanship for a period of two years from the date of the original invoice, except our Modern Collection which carry this same warranty for a period of one year.
RETURNS AND REFUNDS
Modern Optical International does not take title to returned items until the item arrives at our distribution center. All frames and accessories originally purchased from Modern Optical International must have authorization before being returned. All product purchased can be exchanged for replacement product only and will be accommodated as long as the style is current in the Modern Optical International catalog, with no time limit. All returns must be in plastic frame bags and arrive at Modern Optical International free of personal markings and in salable condition. Invoice number and date are necessary in expediting your return. In the event an item is no longer available, exchanges will be accepted for items of similar value. Discontinued items that are returned will be valued at the final sale price. No cash refunds.
SHIPPING
All prices are F.O.B. Roselle, IL and are subject to change without notice. All single item orders will be assessed a $.99 service change. Special shipping instructions should be included with each order; otherwise Modern Optical International will forward shipments in the most practical way at its discretion.
TERMS
Accounts must be kept current. Past due balances negate the entitlement of any discounts and may cause interruption in service. Statements are issued on the last billing day of each month and payment is expected by the 10th of the following month. All accounts thirty (30) days past due are subject to a onetime 10% late payment fee as well as interest which accrues at 1.5% per month. Any account that is past due sixty (60) days cannot be shipped merchandise until the account is fully paid. Additionally, each account is established with a credit limit which may not be exceeded without prior approval of the Modern Optical International accounting department. In the case of an NSF check, a $30 fee will be assessed to the respective account. Frames, cases or accessories are not accepted for credit against past due accounts.
COLLECTIONS
By accepting our sales payment terms, customer agrees to pay all collection costs including collection fees, court costs and legal fees if account is placed for collection because of nonpayment. Both the “Ship To” and the “Bill To” parties are and shall remain jointly and separately liable for all amounts due hereunder and shall so remain until Modern Optical International has received payment in full. In the event of default in payment by either the “Ship To” or the “Bill To” party, Modern Optical International may elect to proceed at law against either one or both parties to collect all unpaid sums and payment by either party to the other shall not be a defense.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MODERN OPTICAL INTERNATIONAL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MODERN OPTICAL INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MODERN OPTICAL INTERNATIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. MODERN OPTICAL INTERNATIONAL DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MODERN OPTICAL INTERNATIONAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODERN OPTICAL INTERNATIONAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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 LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting modernoptical.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Modern Optical International.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Modern Optical International
P.O. Box 72360
585 Congress Circle North
Roselle, IL 60172
800-323-2409
Español: 888-722-3937
Fax: 800-323-3089
http://www.modernoptical.com
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS.
Modern Optical International
585 Congress Circle North
Roselle, IL 60172
Phone: 800-323-2409     
Fax: 800-323-3089
© 2012 Copyright Modern Optical International.
All Rights Reserved