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Lens.com, INC. Electronic Gift Card Terms and Conditions

Last Updated: November 6, 2019

The following terms and conditions (the “Card Terms”) apply to the purchase, use, and redemption of gift cards issued by, or for use with, Lens.com:

1. Issuance and Redemption.
Lens.com electronic gift cards (“EGCs”) are issued and managed by Lens.com, Inc., a Nevada corporation (“Lens.com”) and can be applied only to purchases within the United States made on Lens.com, or by calling 1-800-536-7266. EGCs are not reloadable and may not be redeemed for purchases from third parties other than Lens.com. When redeemed, ECGs are either 1) immediately applied to the purchase being made on Lens.com; or 2) automatically added to the account balance of the Lens.com account used to redeem the ECGs. The Lens.com account used to redeem the ECGs will reflect the balance of all ECGs that have been redeemed but not yet applied to a purchase through Lens.com. Unused amounts from any ECGs will remain associated with the Lens.com account used to redeem those ECGs until used for purpose. For this reason, it is important to protect your Lens.com account.

2. Limitations
Lens.com EGCs are not redeemable for cash (except where required by applicable law). Once ordered, EGCs may not be returned, cancelled, or refunded. The maximum value that can be placed onto EGCs is five hundred dollars ($500) per card, no individual person, purchaser, recipient, or redeemer of any EGCs may engage in transactions involving the purchase or redemption of EGCs totaling more than ten thousand dollars ($10,000) in one day. Lens.com EGCs may not be applied toward or used for any shipments outside of the United States, and EGCs cannot be used to purchase other ECGs from Lens.com. EGCs are to be issued solely by Lens.com or its designee, and EGs cannot be resold, assigned, or transferred for value by any purchaser or recipient. Lens.com ECGs are not to be used for any advertising, marketing, sweepstakes, promotional, or other commercial purposes, such as for use in giveaways or incentive programs. ECGs cannot be transferred, in whole or in part, to another Lens.com account. Some items or services available through Lens.com may not be eligible for purchase with ECGs, and those products or services generally (but not always) will be designated as such before the time of check-out. In the event Lens.com allows for personalized messaging with the delivery of any EGCs, such messaging service shall be provided at no additional charge, but Lens.com shall reserve the right to cancel and refuse to transmit any messages containing inappropriate, offensive, or otherwise objectionable messages, as determined in Lens.com’s sole and exclusive discretion.

3. Risk of Loss.
All risk of loss for the ECGs value is the responsibility of the purchaser once Lens.com has issued any ECGs, whether to the purchaser or the purchaser’s specified recipient. Once activated, the EGCs holder or recipient shall receive a credit for the EGCs’ value applied to his or her Lens.com account, which shall not be redeemable for cash except where required by applicable law. Lens.com and its affiliates are not responsible for lost, stolen, misdirected, or misplaced EGCs, or any EGCs used or applied toward purchases from Lens.com without your permission; EGCs can be used or redeemed by their holder or recipient, and thus special care is needed in directing them to their intended recipient(s). Lens.com is not responsible for the use of any ECGs and is not responsible for unlawful or fraudulent conduct by any purchaser, recipient, or other third party in connection with any ECGs. Purchases in amounts exceeding the value of any ECGs will require additional payment by the customer for the amount exceeding the ECGs’ value.

4. Violations of Card Terms.
Every recipient of any EGCs, or person to redeem any EGCs, agrees to comply with the Card Terms. Any recipient or redeemer of any EGCs subject to these Card Terms agrees not to use any EGCs in a manner that is unfair, misleading, deceptive, in violation of any law, or in any other manner that is harmful to Lens.com and its affiliates, designees, and customers. Lens.com reserves the right to void any EGCs, including a reduction to the Lens.com account balance of any person to have redeemed any such EGCs without a refund, and to suspend or terminate any Lens.com accounts, cancel or limit orders, suspend or terminate the ability to use any Lens.com service, and to invoice alternate forms of payment (including insurance) if Lens.com determines in its sole and exclusive discretion that any recipient or redeemer of any EGCs engaged in fraud, unlawful conduct, or a violation of these Card Terms to obtain, use, or apply any EGCs to a Lens.com account or any purchase from Lens.com.

5. Limitation of Liability.
LENS.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE EGCS OR THE BALANCE STATED ON ANY LENS.COM ACCOUNT, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR ANY PURPOSES OR MERCHANTABILITY, AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING THOSE IDENTIFIED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW. LENS.COM SHALL BE LIABLE TO ANY RECIPIENT OR REDEEMER OF ANY EGCS ONLY TO THE EXTENT OF THE VALUE OF SUCH EGCS, AND THE VALUE OF SUCH EGCS SHALL BE THE SOLE REMEDY AND EXTENT OF DAMAGES AGAINST LENS.COM.

6. Limitations of Card Terms.
These terms and the use of ECGs are void or limited where prohibited or otherwise restricted by applicable law, and shall be construed and interpreted to comply with applicable law as necessary. The terms and conditions regarding use of Lens.com ECGs are subject to change without notice, and certain denominations or types of ECGs may be discontinued or unavailable for purchase without notice. Use of Lens.com ECGs is governed by the laws of the State of Nevada without regard to its conflict of laws principles. In addition to these Card Terms, Lens.com’s current terms and conditions of use can be found at (the “General Terms”); the current balance of any unredeemed ECGs can be confirmed by calling 1-800-536-7266.

7. General Provisions.
EGCs must be used in connection with an account created for use on Lens.com, and will be subject to Lens.com’s General Terms found at https://www.lens.com/corporate-terms. No fees shall apply to the use of EGCs. Lens.com reserves the right to seek additional verification of the identity and prescription of the user of any EGCs, and may additionally require additional payment information prior to applying the balance of any EGCs to any Lens.com account or purchase. The personally identifying information of any person to receive or redeem any ECGs for purchases on Lens.com may become, in whole or in part, protected health information subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and, to the extent such information is subject to HIPAA, the person to receive or redeem any EGCs shall be subject to the requirements of such law and its regulations in accessing his or her protected health information from Lens.com. By applying any EGCs to any purchase or Lens.com account, the person to redeem such EGCs shall agree that the laws of the State of Nevada, without regard to its conflict of laws principles, shall govern these Card Terms and any disputes arising from or relating to the Card Terms. Any litigation arising out of or in connection with these Card Terms shall be exclusively venued in state or federal courts located in Clark County, Nevada, with you and Lens.com waiving the right to trial by jury, agreeing that each party to litigation shall bear its own attorney’s fees and costs, and waiving any objections to personal jurisdiction and the appropriateness of this venue, including those arising under the doctrine of forum non conveniens. EACH PARTY TO THIS AGREEMENT HEREBY WAIVES ANY RIGHT HE, SHE, OR IT MAY HAVE TO PARTICIPATE IN ANY CLASS ACTIONS OR CLASS ARBITRATIONS. By using any EGCs issued by Lens.com or its designee, you agree that any disputes, claims, lawsuits, or other disagreements with Lens.com, its affiliates, or its designee shall be conducted solely on an individual basis, and cannot proceed as a suit brought by a representative, including any class action, consolidated action, or other representative action, whether in any court or by arbitration.

8. Balance Expiration.
Lens.com EGCs shall not expire and may be applied to any Lens.com account to be used for eligible purchases at any time.

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