Thank you for visiting the COHEN FASHION OPTICAL, LLC Website and for your interest in COHEN FASHION OPTICAL’s products and services.
PLEASE READ THESE TERMS OF USE AND THE INCORPORATED NOTICES CAREFULLY AND IN THEIR ENTIRETY BEFORE CONTINUING TO USE COHEN FASHION OPTICAL’S WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES. BY ACCESSING AND CONTINUING TO USE THE COHEN FASHION OPTICAL WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES OR ORDERING ANY COHEN FASHION OPTICAL PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (AS MAY BE MODIFIED FROM TIME TO TIME) AND ALL INCORPORATED NOTICES AS SET FORTH BELOW.
These terms of use (“Terms of Use”) are a binding agreement between COHEN FASHION OPTICAL. LLC its subsidiaries, affiliates, divisions, agents, employees, licensors and/or representatives (collectively “COHEN FASHION OPTICAL ”, “Us” “Our” or “We” ) and You (“Your”) as a “User” of COHEN FASHION OPTICAL’s website located at <www.COHENFASHIONOPTICAL.com>, <shop-online.cohenfashionoptical.com> and any related website, application, webpage, widget, interactive feature, blog, social network, social network tabs or other online, mobile or wireless offerings that post a link to these Terms of Service no matter how they are accessed, (collectively “Website”) and/or as a “Purchaser” of “Products” or “Services” that are marketed, sold or distributed by or through the Website. Your access and use of the Website and/or Your purchase of any Products or Services will also be governed by the expressly incorporated statement and notices, (“Incorporated Notices”) each of which may be directly accessed by clicking on the following links:
Copyright and Intellectual Property Notice
Accessibility Statement
Privacy Notice
HIPPA Notice of Privacy Practices
The Website is owned and operated by COHEN FASHION OPTICAL, LLC, a New York limited liability corporation, headquartered in Garden City, New York. COHEN FASHION OPTICAL is a top provider of quality, reasonably priced, on-trend prescription and non-prescription eyeglasses, sunglasses, eyecare products and accessories. This Website provides Users with access to information about COHEN FASHION OPTICAL’s Products and Services that are available through the Website, as well information regarding the location, products and services offered by our 100+ affiliated stores, and information that may be of general interest to Users concerning vision, eye health and the selection and use of eyewear.
Portions of the Website are generally publicly available and may be accessed by You or any Internet user. There are other sections of the Website that offer additional functionality and services, such as sections that offer You the opportunity to purchase Products or Services, store Your preferences and purchase history for easy reordering, receive Our newsletters or special offers or that may invite You to post comments or interact with COHEN FASHION OPTICAL or other Users. These sections, services and functions may only be available to You when create a “User Account” after You register with COHEN FASHION OPTICAL, by providing requested information, and then log in using Your email and a unique password that You create for that purpose. For further information see user accounts and passwords below
By visiting, using, browsing, posting, offering content to the Website or making a purchase on or through the Website, or “clicking” the accept/agree button, You accept and agree to be bound by, without limitations or qualifications, these Terms of Use and Incorporated Notices.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR INCORPORATED NOTICES, PLEASE DO NOT VISIT THE WEBSITE, USE ANY COHEN FASHION OPTICAL SERVICES OR PURCHASE ANY COHEN FASHION OPTICAL PRODUCTS OR SERVICES THROUGH THE WEBSITE
THE WEBSITE’S CONTENT IS NOT MEDICAL ADVICE AND DOES NOT SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
The Website is not intended to provide specific optical, physical or mental health diagnosis, treatment, or advice to any individual and You may not rely on it for that purpose. The Website does not contain information about all diseases nor does the site contain all information that may be relevant to Your health. Website content may contain information supplied by COHEN FASHION OPTICAL or by third parties who provide information on the Website by sharing their own experience or opinions.
Individual experiences and results may vary. COHEN FASHION OPTICAL cannot and does not guarantee or endorse any opinion expressed on the Website regarding individual results nor the efficacy, safety or appropriateness of any particular test, regimen, treatment, protocol or product for any individual.
As a unique individual, only You, with the advice of Your health care practitioner, can judge whether any specific product, regimen, practice, or protocol is right for You. Please always consult with Your qualified health care practitioner regarding any specific questions you may have regarding Your vision, eye health, medical condition, treatment, care, or diagnosis. Please do not delay or disregard medical advice provided by Your health care practitioner based on anything found on the Website.
You agree that Your access to the Website and Your use of the Products and Services are solely at your own risk. The Website, Products and Services are provided by COHEN FASHION OPTICAL on an “as is” and “as available” basis.
EXCEPT AS MAY BE OTHERWISE NOTED IN THESE TERMS, COHEN FASHION OPTICAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIAL OR PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. COHEN FASHION OPTICAL DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS. COHEN FASHION OPTICAL DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. COHEN FASHION OPTICAL MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, OR THE PRODUCTS AND SERVICES SOLD IN CONNECTION THEREWITH. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COHEN FASHION OPTICAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE DISCLAIMERS AND EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL COHEN FASHION OPTICAL BE LIABLE FOR YOUR USE OR MISUSE OF THE WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF COHEN FASHION OPTICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COHEN FASHION OPTICAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OR MISUSE OF, UNAVAILABILITY OF OR INABILITY TO USE THE WEBSITE, PRODUCTS OR SERVICES IN CONNECTION THEREWITH OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT, INCLUDING NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF COHEN FASHION OPTICAL , (EXCEPT ARISING EXCLUSIVELY FROM COHEN FASHION OPTICAL’S INTENTIONAL CONDUCT OR GROSS NEGLIGENCE) AND EVEN IF COHEN FASHION OPTICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IT IS AGREED THAT, NOTWITHSTANDING THE FOREGOING, SHOULD ANY LIABILITY ON THE PART OF COHEN FASHION OPTICAL BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE IT IS AGREED THAT IN NO EVENT MAY THE USER RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE AMOUNTS PAID TO COHEN FASHION OPTICAL IN THE SIX MONTHS IMMEDIATELY PROCEEDING THE EVENT GIVING RISE TO THE CLAIM OR $150 IN THE EVENT THAT NO FEES WERE PAID, WHICH EVER IS GREATER, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.
The Website is owned and operated by COHEN FASHION OPTICAL. All of the information and content featured or displayed on the Website, including but not limited to keywords, specialty tags, text, illustrations, artwork, video, music, trademarks, logos, charts, graphs, illustrations, or articles are owned by or licensed to COHEN FASHION OPTICAL or its affiliates, business partners, or licensors. COHEN FASHION OPTICAL reserves the right to amend, change, alter, enhance, remove, or cease to provide access to the Website or its content at any time, without prior notice to any user.
COHEN FASHION OPTICAL owns any and all intellectual property rights arising out of, related to, or in any way connected with “COHEN FASHION OPTICAL”. “COHEN’S FASHION OPTICAL” and the COHEN FASHION OPTICAL related logos, slogans, service marks or trademarks, etc. (“COHEN FASHION OPTICAL Intellectual Property”). You cannot use the COHEN FASHION OPTICAL Intellectual Property without first obtaining COHEN FASHION OPTICAL’s express and specific written permission. Nothing on the Website shall be construed as granting a license or right to use the COHEN FASHION OPTICAL Intellectual Property without Our permission.
Unless otherwise protected by United States law, all communications sent by You to Us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to Us (including, but not limited to, any patentable ideas, new content suggestions or business proposals) unless We have mutually agreed otherwise in writing and in advance of You sending them. Any ideas, new content, or business proposals that We receive unsolicited will be treated as property owned by COHEN FASHION OPTICAL and will not be returned to You.
The Website may contain links to third-party websites. Third-party links are provided for Your convenience and as a courtesy to You. Third-party websites are not owned, operated or controlled by COHEN FASHION OPTICAL. You agree that COHEN FASHION OPTICAL is not responsible for the content or functionality contained on any such third-party website and that You waive any and all claims against COHEN FASHION OPTICAL as to any loss incurred as the result of Your access or use of such third-party website.
Security of data, software and hardware connected to the Internet are matters of concern for You and COHEN FASHION OPTICAL. We take reasonable precautions to protect Your information. We limit Our collection of Your personal information, such as Your financial information, personally identifiable information and other sensitive information to only such personal information that We deem necessary to provide You with the Products and Services that You have selected or to improve the experience of You and other Users’ experience with the Website, Products or Services. We take reasonable precautions to collect personal information in a secure manner and transmit it via a secure internet channel.
However, no security measures are perfect or impenetrable, and COHEN FASHION OPTICAL cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure. COHEN FASHION OPTICAL is not responsible for the circumvention of any privacy settings or security measures contained on the Website by any users or third parties. For further information, please see our Privacy Notice.
You are prohibited from violating or attempting to violate the security of the Website or any Service or Product by (a) accessing information not intended for such or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, provider, host or network, including but not limited to, submitting any malware, virus to the Website. overloading, “flooding,” “spamming,” “mail‑bombing” or “crashing” or other malicious or illegal act of any description. You shall not use any device, software, script or routine to interfere or attempt to interfere with the proper working of Website or any activity being conducted on the Website. You shall not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than through generally-available third-party web browsers (for example, Microsoft Edge, Firefox, Google Chrome, etc.)
COHEN FASHION OPTICAL reserves the right to investigate and take such action as it deems necessary regarding any activity that it suspects is intended to violate the security of the Website, Services and Products. If, at COHEN FASHION OPTICAL ’s sole discretion, it appears that You have violated the Terms of Use or acted in any way that interferes or is intended to interfere with the functioning of the Website or another’s lawful access and use thereof, COHEN FASHION OPTICAL may take any action it deems appropriate to prevent further interference, including but not limited to immediate suspension and/or cancellation of Your access to the Website. You may be civilly or criminally liable for such violations. COHEN FASHION OPTICAL will cooperate with law enforcement authorities in prosecuting any individual or entity involved in such violations.
Subject to Your acceptance of, and compliance with these Terms of Use as may be periodically amended, COHEN FASHION OPTICAL hereby grants You a non-exclusive, non-transferable limited license to access and make personal non-commercial use of the Website and its content. This license does not entitle You to any resale or commercial use of the Website or its contents; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of any person; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or offer for sale any information contained on, or obtained from Website or any portion thereof. COHEN FASHION OPTICAL will investigate and take appropriate legal action, including civil and criminal redress, for any misuse and fraudulent activity on the Website.
From time to time, COHEN FASHION OPTICAL may provide opportunities for You to communicate with others through the Website, such as through blogs, chat rooms, postings, emails, product reviews, etc. (“User Content”) COHEN FASHION OPTICAL reserves the right to accept, reject, or remove any and all User Content at its sole discretion and for any reason. You understand and agree that COHEN FASHION OPTICAL’s exclusive role in connection with User Content is solely as an Internet Service Provider and that COHEN FASHION OPTICAL is not and will not be liable for any User Content or any Website content that is authored or submitted by anyone other than COHEN FASHION OPTICAL .
You understand and agree that by submitting User Content, You are consenting to its public dissemination. As a condition of Your submission of User Content to the Website, You hereby warrant, promise and agree that:
As a User, You agree that You will not, under any circumstances, use the Website or any related services provided by COHEN FASHION OPTICAL in connection with the Website to do the following:
You acknowledge and agree that COHEN FASHION OPTICAL may, but is not required to, monitor Your conduct in connection with the Website. You agree that COHEN FASHION OPTICAL may remove any materials submitted by You, including but not limited to Your User Content, restrict and block Your access to the Website and/or terminate any or all other agreements between You and COHEN FASHION OPTICAL, if COHEN FASHION OPTICAL, in its sole discretion, determines that you have taken actions in violation of these Terms of Use and/or any other agreement between You and COHEN FASHION OPTICAL. You understand that in the event of termination for any cause, You will not be entitled to a refund of fees, if any, paid by You to COHEN FASHION OPTICAL and will be required to make all payments that remain outstanding at the time of the termination.
You understand and agree that COHEN FASHION OPTICAL may access, preserve and disclose Your identifying information in its possession, including, if applicable, email address, Password and/or User Account information, if COHEN FASHION OPTICAL determines that it is necessary to do so in order to comply with apparently valid legal proceedings, to process a good faith complaint by a third-party that You have violated these Terms of Use, or to protect the legal rights, property or personal safety of COHEN FASHION OPTICAL, its Users and the public at large.
You understand and agree that You will indemnify, defend and hold harmless COHEN FASHION OPTICAL from any and all liability, expense, cost fine, settlement or judgement, including without limitation, reasonable attorneys’ fees and legal expenses incurred alleged to be connected with, arising out of or in any way related to Your User Content, Your use of the Website or Your breach of the User’s Warranties or other any other provision of these Terms of Use and/or Incorporated Notices.
COHEN FASHION OPTICAL reserves the right to update, change, modify, add, delete, revise or replace any part of these Terms of Use or any Incorporated Notices at any time. Such changes are effective, and You agree to be bound by such changes, when You “click” the Accept button upon accessing or using the Website, when You purchase any COHEN FASHION OPTICAL Products or
Services through the Website, when You submit User Content or 30 days from the date the changes are posted to the Website, whichever is earliest.
We recommend that You regularly check the Terms of Use when visiting the Website, or ordering any Products or Services, as these Terms of Use may have changed since you last did so.
Notices by You to COHEN FASHION OPTICAL may be given by electronic messages, conventional mail, or telephone unless otherwise specified in these Terms of Use or any other agreement between You and COHEN FASHION OPTICAL.
COHEN FASHION OPTICAL ’s contact information as follows:Email:customersupport@cohensfashionoptical.comUS Mail:
Cohen Fashion Optical
Attention: Customer Support
100 Quentin Roosevelt Blvd, Suite 400
Garden City, New York 11530Telephone: 516-599-5500
Binding Provisions: These Terms of Use and any expressly incorporated documents or policies are binding and inure to the benefit of the parties and their respective heirs, executors, administrators, personal and legal representatives, affiliates, successors, and permitted assigns.
Assignment: You agree that You may not assign Your rights or obligations under the Terms of Use or any agreement between You and COHEN FASHION OPTICAL without the prior, written consent of COHEN FASHION OPTICAL.
Headings: The descriptive headings of the sections and subsections of the Terms of Use are for convenience only and do not affect the interpretation or construction of the Terms of Use.
Complete Agreement: These Terms of Use, including the Incorporated Notices constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with, the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
All prior and contemporaneous negotiations and agreements between You and COHEN FASHION OPTICAL concerning the Website and Products or Services connected thereto are expressly merged into and superseded by these Terms of Use and may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. You warrant that You have not relied upon any statement, representation, warranty, or agreement, except for those expressly contained in the Terms of Use.
Last updated: 10/4/2023