Terms of Use

TERMS OF USE  

The Terms are an agreement between you and Oren Isaac, LLC.  Along with our representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, and agents (collectively “Oren Isaac” or “we” or “us” or “our”), we provide the Website (i.e., the website available at http://www.orenisaac.com and our associated webpages, including social media pages, and mobile applications) to you subject to the following Terms, which you acknowledge, agree to and consent to by using the Website.  These Terms include the Oren Isaac Privacy Policy, which is hereby incorporated by reference.  Your privacy is important to us.

These Terms may be amended by us from time to time at our sole discretion.  Please periodically review the controlling version of these Terms.  By continuing to use the Website subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment. 

You consent to entering these terms electronically, and to storage of records related to these terms in electronic form. 

YOU CONSENT TO SUBMIT ANY AND ALL CLAIMS THAT YOU MAY HAVE AGAINST US TO BINDING ARBITRATION AS DISCUSSED BELOW.  YOU ALSO AGREE TO WAIVE YOUR RIGHT TO BRING ANY CLAIMS AGAINST US AS PART OF A CLASS ACTION.

When using the Website, you shall be subject to any Posted rules, community guidelines, or policies.  Such rules, guidelines, and policies are hereby incorporated by reference into these Terms.  We may also offer other websites that are governed by different terms.

You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions.  You also represent that you are 18 years of age or older.  If you are under 18, please do not submit personal information to us or use the Website. 

Definitions

Some terms used herein are defined in the last paragraph of the Terms.  Please refer below for definitions.

About Our Website

We engage in retail sales of eyewear and associated products via the Website.  Oren Isaac provides quality optical eyewear, glasses, lenses and accessories to consumers at affordable prices.

Accessing the Website

You may browse the Website without registering.  However, in order to access some portions and features of the Website, and to make purchases, you will be required to register with and sign into the Website.  If you do so, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username.  Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at: info@orenisaac.com.  If you interact with us or with third-party service providers, and you provide information, you agree that all information that you provide will be accurate, complete, and current.  You will review all policies and agreements applicable to use of third party services. 

In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as text messaging and excess broadband fees will still apply. 

Our Intellectual Property

Oren Isaac, LLC and our associated logos and names are our trademarks and/or service marks.  Other trademarks, service marks, names and logos used on or through the Website, are the trademarks, service marks or logos of their respective owners.  You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos. 

Certain materials available on or through the Website are our Works.  Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Website.  We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce our Works solely for your personal use in connection with using the Website.  You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Works or any adaptations thereof unless expressly set forth herein.  Such conduct would exceed the scope of your license and constitute copyright infringement.

The above described license is conditioned on your compliance with these Terms, and shall terminate upon termination of these Terms.  If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.

If we make any of our Works available for download or copying, including software applications, you are not buying or being gifted copies thereof.  Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions (the “Content License”).  Under this Content License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Works or any adaptations thereof unless expressly set forth herein.  Such conduct would exceed the scope of your Content License and constitute copyright infringement.  At the expiration of your Content License or the termination of these Terms, you will delete or otherwise dispose of all copies of Works in your possession.

Procedure for Making Claims of Copyright Infringement

We have adopted the following policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts.

If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the Website, please send a notice of claimed infringement, including the information listed below, to our Designated Copyright Agent at:

Emmanuel Aboucaya
4329 Woodman Av #3
Sherman Oaks, CA 91423
818-616-3392
info@orenisaac.com

To be effective, the notice of claimed infringement must include the following required contents:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • 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. 

Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Procedure for Making Non-Copyright Complaints

If you believe that your rights, or the rights of a third party, are being violated in any way by any material accessible on or through the Website, please contact us at: info@orenisaac.com.

We will work to prevent unlawful activity from taking place on or through the Website.

Content Posted by Users

You and other users may be able to Post Content to the Website.  You understand that all User Content is the sole responsibility of the person from whom such content originated.  We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.

You grant us a royalty-free, irrevocable, transferrable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to process any and all User Content that you post to or through the Applications.  You also waive to the full extent permitted by law any and all claims against us related to moral rights in User Content.  In no circumstances will we be liable for any exploitation of any User Content that you Post.  You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use Content you submit.

Prohibited Conduct / Representations and Warranties

You represent and warrant that you will not use the Applications to:

  • violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
  • act in a manner that negatively affects other users' ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, vulgar, stalking, invasive of another's privacy, or racially, ethnically, or otherwise objectionable;
  • Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
  • Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
  • Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
  • misrepresent any fact (including without limitation your identity);
  • Post any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
  • exceed your authorized access to any portion of the Website;
  • remove, delete, alter, circumvent, avoid or bypass any watermark or digital rights management technology;
  • collect or store unauthorized personal data about anyone;
  • modify any part of the Website; 
  • obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
  • exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available. 

Indemnification

You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein, or your violation or breach of any rights of or agreements, undertakings, representations or warranties with another in any way related to the Website and/or Content.  You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of its choice and to compromise or settle any such claims, demands, or litigation.

Return Policies

When you purchase eyewear and associated products from us, unless we expressly state otherwise during the transaction, you may return them within 14 days and elect one of three options:

  • 100% store credit
  • 100% refund (minus a 20% restocking fee)
  • product exchange, equal or lesser value, if lesser value no refund.

For eyewear, we also offer a 1 year warranty for manufacturer defaults or lense defaults.  If you believe that your purchase qualifies under this warranty, you must ship the frames back to us.  We will review the issue and inform you within a reasonable amount of time of our decision.

For eyewear, we also offer a 1 year warranty for “breaks.”  The warranty provides a 50% store credit.  If you believe that your purchase qualifies under this warranty, you must ship the frames back to us.  We will review the issue and inform you within a reasonable amount of time of our decision.

We also offer additional warranties that you may purchase at the point of sale.

Disclaimers

UNLESS OTHERWISE EXPRESSLY STATED HEREIN, YOU USE THE WEBSITE AND OUR PRODUCTS AT YOUR SOLE RISK.  WE PROVIDE THEM "AS IS" AND "AS AVAILABLE".  UNLESS OTHERWISE EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.

WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

To the extent allowed by law, we shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

  • delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you; 
  • modifying or discontinuing temporarily or permanently, the WEBSITE (or any part thereof) with or without notice to you for any or no reason whatsoever;   
  • immediately terminating your access to the WEBSITE for any or no reason whatsoever and with or without notice to you; 
  • the accuracy, usefulness or availability of any information Posted to or through the WEBSITE, including but not limited to any securities trading or investment related information; or
  • any User Content that does not get recorded, or is deleted, or for any similar unsatisfactory results or User Content;

ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTY ADVERTISEMENTS OR SERVICE PROVIDERS, OR THIRD-PARTY WEBSITES, FOUND ON OR THROUGH THE WEBSITE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, POLICIES, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

Jurisdictional Restrictions

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS.  IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Release

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES ADVERTISING OR THIRD-PARTY SERVICES IN CONNECTION WITH, ON, OR THROUGH THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES A WEBSITE OR APPLICATION LINKED TO ON THE WEBSITE, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.  YOU ALSO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."  YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE § 1542.  YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.

Governing Law

These Terms and the relationship between you and us shall be governed by the laws of the State of California, as an agreement wholly performed, negotiated and executed therein without regard to California’s conflict of law rules, as well as applicable federal law of the United States.  You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed passive applications that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California.

Any dispute relating in any way to or arising under or out of your use of the Website or these Terms that is determined not to be subject to the “Dispute Resolution” requirements below shall be adjudicated in the state and federal courts of Los Angeles County, California or the Central District of California.  you hereby consent to personal jurisdiction and venue in those courts.

Regardless of any statute or law to the contrary, any claim or cause of action arising under or out of or related to your use of the Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.  Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

Dispute Resolution, Binding Arbitration and Class Action Waiver

Both you and Oren Isaac agree, with the limited exceptions noted below, to resolve all disputes between you and us through BINDING ARBITRATION as further provided below.  ARBITRATION MEANS THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Both you and Oren Isaac waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Website, your account, and the products purchased through the Website as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, which is discussed further below, is generally referred to herein as the class action waiver.)

The arbitration shall take place in Los Angeles County, California in accordance with the Consumer Arbitration Rules of the American Arbitration Association. To the extent allowed by those rules, the parties will submit their arguments and evidence to the arbitrator in writing.  The arbitrator will make an award based only on the documents.  This is called a Desk Arbitration.  In no event shall the parties be required to travel to Los Angeles to participate in an arbitration hearing.  Any hearing required by the Consumer Arbitration Rules.

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis.  Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim.  The arbitral award shall be judicially enforceable.  Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award.  Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Both you and Oren Isaac waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Consumer Arbitration Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the entirety of this Dispute Resolution procedure shall be null and void.

Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration. 

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing writing to us, within 15 days of your purchase, at 16501 Ventura Blvd., Suite #400, Encino, CA 91436, and providing an opt out request in addition to (1) your name, (2) your account username, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. 

Notice For California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Miscellaneous

These Terms constitute the entire agreement between you and Oren Isaac, and govern your use of the Website. 

These Terms supersede any prior agreements between you and us with respect to the Website.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.  For the purpose of clarity, Oren Isaac’s representatives, managers, partners, joint venturers, employees, and agents are intended third-party beneficiaries.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  Any waiver of any right or provision of these Terms must be in writing.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

The headings in these Terms are for convenience only and have no legal or contractual effect.

We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication.  Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.  Upon termination of the Terms you will no longer have a right to access your account, your code, or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be not responsible for deleting your User Content.  Note that, even if your User Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your User Content), and subject to the licenses set forth in these TERMS.

Definitions

Content” > Data, information, materials, or content of any kind.

“Including” > “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.

“Post” > To upload, post, create, make available, send, share, communicate or transmit.

“Privacy Policy” > The policy available at http://www.orenisaac.com.

“Terms” > These terms and conditions, available at http://www.orenisaac.com, including the Privacy Policy, available at http://www.orenisaac.com. 

“Website” > We provide users with access to communications tools, which may heretofore or hereafter be accessed through any medium or device now known or hereafter devised, including but not limited to websites, software, and applications that deliver and receive information through a network of properties.  Unless explicitly stated otherwise, any new tools that alter or improve the current Website, as defined here and in the body of the Terms, shall be included in the definition of “Website.” 

“User Content” > Data, information, materials, code, or content of any kind Posted by you or another user to or through the Website.

“Works” > Content we own, authored, created, purchased, or licensed.

Content” > Data, information, materials, or content of any kind.

“Including” > “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.

“Post” > To upload, post, create, make available, send, share, communicate or transmit.

“Privacy Policy” > The policy available at http://www.orenisaac.com.

“Terms” > These terms and conditions, available at http://www.orenisaac.com, including the Privacy Policy, available at http://www.orenisaac.com. 

“Website” > We provide users with access to communications tools, which may heretofore or hereafter be accessed through any medium or device now known or hereafter devised, including but not limited to websites, software, and applications that deliver and receive information through a network of properties.  Unless explicitly stated otherwise, any new tools that alter or improve the current Website, as defined here and in the body of the Terms, shall be included in the definition of “Website.” 

“User Content” > Data, information, materials, code, or content of any kind Posted by you or another user to or through the Website.

“Works” > Content we own, authored, created, purchased, or licensed.