Your use of this Site is conditioned on your acceptance of these Terms. By using this Site, you signify your acceptance to these Terms. You cannot use this Site if you do not agree to these Terms.
. OUR COMMITMENT TO YOU. At Optics Force, we aim to provide superb customer service by being polite, kind and helpful, and meeting commitments to you (i.e., providing you with your passport photo and/or passport application within specified time periods). To insure our commitments, we have developed this Site to be intuitive and user-friendly.
If you follow our prompts, and if you have all of your required information, and if you properly complete the required form fields, you should not experience processing delays. Yet, if you fail to accurately follow our prompts, the processing of your order may be delayed.
It is extremely important for you to understand that we cannot control the weather or the performance of overnight courier services such as Federal Express, UPS, DHL, the US Postal Service and others. If they experience extreme weather conditions, labor strikes, airport closures or lose your paperwork, for example, we cannot be held responsible. To avoid such scenarios, we use the industry’s best and most reputable courier services, but even they are not perfect 100% of the time.
2. WHEN DOES OUR DELIVERY COMMITMENT START. Our processing and delivery commitment to you (i.e., 1-day turnaround, 2-day turnaround, 3-day turnaround, etc.) commences when we have received payment for services and documentation rendered.
3. DELAYS. During world health crisis and pandemic events, significant delays can occur that may impact Optics Force’s ability to deliver within communicated time frames. These delays are out of our control and under no circumstances shall we be held liable.
4. OWNERSHIP. This Site is owned by Optics Force. Your use of this Site and our other ones is with our permission, and does not transfer to you or create in you an ownership right or interest in this Site or the others including in regards to any of our content, copyrights, trademarks or other intellectual property rights owned or displayed by us on such sites
5. USE OF SITE. OpticsForce.com grants you a limited, non-transferable license to use this Site under these Terms. You may use this Site to place orders but no other purposes such as, without limitation, making speculative, false or fraudulent orders. This Site and the content displayed in it including text, graphics, buttons, icons and data compilations may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express written consent of Optics Force.
Notwithstanding the foregoing, you may download, display and print the content presented on this Site for your personal, non-commercial use. In that regard, you may not use any "robot," "spider" or other automatic device, program, algorithm or methodology having similar processes or functionality, or any manual processes, to monitor or copy any of the web pages, data or content found on this Site without the express written permission of Optics Force. You will not transmit or otherwise transfer any web pages, data or content found on this Site to another computer, server, website or other medium for mass distribution or use in any commercial enterprise. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site. You will not take any action that imposes a burden or creates an unsustainable load on the OpticsForce.com infrastructure and that Optics Force deems (in its sole discretion) unreasonable or disproportionate to the benefits that OpticsForce.com derives from your use of the Site. Unauthorized use of the Site and/or the materials contained on it may violate applicable copyright, trademark or other intellectual property laws. You must retain all copyright and trademark notices contained in the content and not alter, obscure or obliterate them. Your use of the Optics Force content on another web site or environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material on this Site, or any material that could constitute or encourage conduct that would be considered to be a criminal offense, give rise to civil liability or otherwise violate any law. You are also prohibited from posting or transmitting any information that (a) infringes the rights of others or violates their privacy or publicity rights; (b) is protected by copyright, trademark or other proprietary rights, unless with the express written permission of the owner of such right; (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
6. RESPONSIBILITY AND AGE RESTRICTIONS. If you use this Site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this Site (18 and older) and to create binding legal obligations for any liability you may incur as a result of your use hereof. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
7. PRIVACY AND REFUND POLICIES. You have read the Optics Force Privacy and Refund Policies, the terms of which are incorporated herein by reference and you agree to them.
8. REVIEW OF TRANSMISSIONS. Optics Force may from time to time monitor and review any information transmitted or received through this Site, and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Optics Force deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions on this site, you grant OpticsForce.com, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicense-able right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. OpticsForce.com takes no responsibility and assumes no liability for any content posted or submitted by you.
9. EXCLUSION OF WARRANTY. Optics Force MAKES NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY CONTENT PROVIDED HEREON, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. Optics Force DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT FOUND ON THIS SITE AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
10. LIMITATION OF LIABILITY. Optics Force ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, (i) ANY DELAYS CAUSED BY INCOMPLETE OR INCORRECTLY SUBMITTED APPLICATIONS, OR (ii) DELAYS CAUSED BY OVERNIGHT OR SAME DAY SHIPPING SERVICES, (i.e. FedEx, EXPRESS MAIL, UPS, AIR NET, DELTA DASH), OR (iii) APPLICATIONS SUSPENDED BY THE US PASSPORT OFFICE, or (iv) MATTERS BEYOND Optics Force’ REASONABLE CONTROL OR THE CONTROL OF OUR CONTRACTORS OR COURIERS. IN NO EVENT SHALL Optics Force BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY Optics Force. If, notwithstanding the foregoing, OpticsForce.com should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, ITS liability shall in no event exceed, in the aggregate, the greater of (a) the service charge, or (b) US$199.00. In its sole discretion, in addition to any other rights or remedies available to OpticsForce.com and without any liability whatsoever, OpticsForce.com at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
11. INDEMNIFICATION. You shall defend and indemnify Optics Force and its officers, directors, employees and agents from and against any claim, cause of action or demand including, without limitation, reasonable legal and accounting fees brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site.
12. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Site should be sent to Optics Force, LLC: Email: support@OpticsForce.com. We suggest that you consult your legal adviser before filing a notice or counter-notice. Also, be aware that there can be penalties for filing false claims under the DMCA.
13. LINKS. This Site contains links to other websites that are provided solely as a convenience to you and not as an endorsement by Optics Force. Neither Optics Force nor its employees shall be responsible for the content of any other websites, and makes no representation or warranty regarding any other websites or the content or materials thereon. If you decide to access other websites, you do so at your own risk.
14. RELATIONSHIP. The relationship between you and Optics Force is that of an independent contractor, and neither we nor you nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
15. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of New York, without regard to its conflict of laws and provisions. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Site must be brought within two (2) years from the date on which such claim or action arose or accrued.
16. ATTORNEY'S FEES. If Optics Force takes action to enforce these Terms against you, Optics Force will be entitled to recover from you and you agree to pay all reasonable and necessary attorneys’ fees and litigation expenses in addition to any other relief at law or in equity to which Optics Force, LLC may be entitled.
17. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of these Terms will cause irreparable damage to Optics Force, the exact amount of which would be difficult to ascertain leaving there being no adequate remedy at law. Accordingly, you agree that Optics Force, LLC shall be entitled to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or your affiliates, partners or agents, and recover from You any costs and expenses sustained or incurred by Optics Force, LLC in obtaining an injunction including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
18. TERMINATION. Optics Force, LLC may terminate your right to use the Site at any time and for any reason including, without limitation, your improper use of this Site or your failure to comply with these Terms. Such termination of your use shall not affect any right to relief to which Optics Force may be entitled at law or in equity. Upon termination of your use of the Site, all rights granted to you will terminate and revert to Optics Force as applicable.
19. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
20. MODIFICATION. Optics Force, LLC may modify these terms and conditions at any time, and your continued use of this Site will then be conditioned upon the Terms in force at the time of your use.
21. SEVERABILITY. These Terms are severable. If any provision hereof is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any remaining provisions hereof.
22. HEADINGS. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the terms and conditions hereof.
23. ENTIRE AGREEMENT. These Terms constitute the entire agreement between you and Optics Force, LLC relating to your use of this Site, and these Terms supersede any prior understandings or agreements (whether oral or written) regarding your use of this Site.