All of the content on M-EXPERIMENT’s website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned, controlled, exclusively by M-EXPERIMENT, LLC and its subsidiaries and affiliates (“M-EXPERIMENT”).

The contents of M-EXPERIMENT’s site is intended for the personal non-commercial (aside from purchases by you from our site) used by visitors to the site. You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this site without prior written consent. This includes using M-EXPERIMENT trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of gaining a higher ranking from search engines. M-EXPERIMENT retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this site. You should be aware that M-EXPERIMENT’s tenacious lawyers will aggressively enforce all these intellectual property rights in the content.  

Links may be established on M-EXPERIMENT’s website to those owned by third parties. M-EXPERIMENT does not control any such third party websites and is not responsible for any damages you may suffer from using such third party sites. Linking to M-EXPERIMENT’s website is prohibited without M-EXPERIMENT’s prior written consent.

M-EXPERIMENT may, from time to time, make revisions to its website, and reserves the right to do so without recourse from any user.

Any comments or feedback submitted by users of the website shall be and remain the property of M-EXPERIMENT. M-EXPERIMENT is under no obligation to pay for or respond to any such comments or feedback provided by users.

From time to time the Company may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, the Company welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company will become, upon your submission, the sole and exclusive property of the Company and the Company shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing, and you do agree that the Company has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to the Company. By submitting any materials of any kind to the Company, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Company does not and will not violate or infringe the rights of any third parties.

The Company has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, the Company reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by the Company necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. The Company does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

You agree to fully indemnify the Company, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.  

This site, its content, and any associated services are provided by M-EXPERIMENT, inc. (“M-EXPERIMENT”) on an “as is” and “as available” basis. M-EXPERIMENT makes no representations or warranties of any kind, express or implied, as to the operation of this site, to the information, content, materials or products included on this site, or to the functionality of any services associated therewith. To the fullest extent permissible by applicable law, M-EXPERIMENT disclaims any and all implied warranties, including but not limited to implied warranties of title, merchantability and fitness for a particular purpose, of workmanlike effort, of suitability, availability, accuracy, reliability, completeness or timeliness of content, or of non-infringement, as well as warranties arising through course of dealing or usage or trade. 

Further, M-EXPERIMENT makes no representations or warranties that this site and/or its contents are accurate, complete, reliable, current or error-free, or that any disclosures on this site satisfy government regulations regarding the disclosure of information related to certain products. M-EXPERIMENT is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this site.

By using the M-EXPERIMENT site, you acknowledge that your use of the site, including your use of any and all associated content, data or software distributed by, downloaded or accessed from or through this site, and any associated services is solely at your own risk. M-EXPERIMENT does not warrant or guarantee that its site, servers or e-mails sent by or on behalf of M-EXPERIMENT are free of viruses, worms or other harmful components. Further, M-EXPERIMENT does not guarantee the continuous, uninterrupted and error-free operation of its site, nor that all communications between you and M-EXPERIMENT, or between you and any other user of the site, will be secure from access or interference by third parties.

M-EXPERIMENT will not be liable for any damages of any kind arising from or otherwise related to your use of or inability to use this site or the associated services, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if M-EXPERIMENT has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, M-EXPERIMENT will not be liable for any damage to your computer, telecommunication equipment, or other property caused by or arising from your accessing or use of this site, or from your downloading of any materials from this site, or for any damages arising out of a third party’s unauthorized access to and use of your personal information stored on M-EXPERIMENT’s computers and/or servers. In no event shall the aggregate liability of M-EXPERIMENT, its parent, subsidiaries or affiliates — whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory — arising out of or relating to the use of this site exceed the lesser of $5, or the total amount you paid to M-EXPERIMENT.

Certain state or local 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 limitation may not apply to you, and you may have additional rights.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemics and similar events, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

This site is controlled and operated by M-EXPERIMENT from its headquarters in California. These terms of use shall be construed in accordance with the laws of the state of California without regard to any Conflict of Law Provision. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of any state or Federal Court located in Orange County, California.

These Terms and Conditions were last updated on October 1, 2022.

M-EXPERIMENT (the “Website”) is owned and operated by M-EXPERIMENT, LLC These Terms and Conditions (“Terms”) and any amendments or supplements to it, together with our Privacy Policy Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you (“you” or “your”) and M-EXPERIMENT, LLC, its parents, subsidiaries, representatives, officers, and directors (collectively “M-EXPERIMENT, LLC”, “us”, “we” or “our”). This Agreement governs your access to and use of any M-EXPERIMENT, LLC website and your use or attempted use of our products and services (collectively, “Your Use”). Your Use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.

NOTICE OF AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 4 of these Terms below. 

In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or 16 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 16 and no person under the age of 16 may use the Website. If you use the Website, you are confirming that you are at least 16 years old.

You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of M-EXPERIMENT, LLC’s or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.

M-EXPERIMENT, LLC and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Website. While M-EXPERIMENT, LLC strives to keep the information on the Website accurate, complete, and up-to-date, it cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information on the Website.

(a)Disclaimer of Warranties

Except as otherwise expressly set forth in the warranty policy (https://www.M-EXPERIMENT.com/en-us/support/warranty), the Website is provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, M-EXPERIMENT, LLC expressly disclaims all warranties of any kind, whether express of implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.

M-EXPERIMENT, LLC does not make any warranty that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error free, or that defects, if any will be corrected. M-EXPERIMENT, LLC makes no warranties as to the results that may be obtained from the use of the Website or as to the accuracy, quality, or reliability of any information obtained through the Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from M-EXPERIMENT Inc. direct, or through this Website, shall create ant warranty not expressly made herein.

(b)Events Beyond Our Reasonable Control (Force Majeure)

We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.

(c)Waiver

Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.

(d)Invalidity

In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and You will still be bound by them.

You and we each agree that any and all disputes or claims with or against any party that relate to or arise from your use of or access to our Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).

(a) Prohibition of Class and Representative Actions and Non-Individualized Relief

You and we agree that each of us may bring claims that relate to or arise from your use of or access to our Services, any products or services sold, offered, or purchased through our Services, or communications (including calls, texts, or emails) that relate to or arise from your use of or access to our Services only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq., and other federal and state telemarketing and privacy laws. Unless both you and us agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.

(b) Arbitration Procedures

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org .

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.

(c) Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

(d) Confidentiality

The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.

(e) Severability

With the exception of any of the provisions in of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

(a) Text Messages

By using this website, you agree to the following statement:

“I agree that providing my telephone number and opting in to receive text messages in any submission on M-EXPERIMENT’s websites, I provide my signature consenting to contact from M-EXPERIMENT at the number I provided regarding products or services via live, automated or prerecorded call, text, or email. I understand that I am not required to enter into this agreement as a condition of purchase. I can revoke this consent by texting STOP to 59809.”

You may receive texts from M-EXPERIMENT regarding your account, purchases, or special offers from M-EXPERIMENT. Message and data rates may apply. Maximum number of messages per month will vary based on the subscription list you have enrolled in. You can unsubscribe at any time by texting STOP to 59809. You will receive a text confirming that you have been unsubscribed. If you have questions, reply HELP to 59809 or contact M-EXPERIMENT at 800 403 7449.

M-EXPERIMENT will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to M-EXPERIMENT as part of this service. M-EXPERIMENT may use this information to contact you and provide services you request from M-EXPERIMENT. M-EXPERIMENT may also use this information as described in the subscription list you have enrolled in.

(b) Emails

By including your email in any submission, you are extending an express invitation to M-Experiment to be contacted. For any service, you represent that all of the information you have provided in your submission is true and complete.

You agree and consent that M-EXPERIMENT, LLC may record or monitor communications made by you during any calls you make to the Website as permitted by 18 U.S.C. § 2511 et seq., Cal. Penal Code § 630 et seq., and other state laws that regulate call monitoring and recording. By calling the Website, you expressly consent and grant it the right to record or monitor and use this information for the purposes set out in the Privacy Policy. The Website is under no obligation to monitor or record its services for accuracy, completeness, or quality.

You expressly understand and agree that under no circumstances will M-EXPERIMENT, LLC, its suppliers, parents, subsidiaries, representatives, affiliates or agents be liable for indirect, special, incidental, or consequential damages. This includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages. This applies regardless of the manner in which damages are caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the Website, (2) the use of, or the inability to use, items purchased on the Website; or (3) the cost of procurement of substitute services or items.

You agree to indemnify and hold harmless M-EXPERIMENT, LLC, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to M-EXPERIMENT, LLC that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.

M-EXPERIMENT, LLC may make changes to these Terms and Conditions, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms and Conditions constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.

M-EXPERIMENT, LLC may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with M-EXPERIMENT, LLC No delay by M-EXPERIMENT Inc. in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy or shall affect M-EXPERIMENT, LLC’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by M-EXPERIMENT Inc. in writing. These Terms and Conditions supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

For the purpose of this policy, personal information is any information about an identifiable individual.

When using our Platforms or our services, you may provide us with your personal information through a variety of methods, including the following: (1) via signups on our Platforms, such as through the creation of an account; (2) from an online, email, or telephone purchase; (3) when you enter a sweepstakes, giveaway, contest, or other promotion, or complete a survey; (4) when you provide information at our stores; (5) upon contacting us, such as through customer service communications, including our online chat features; (6) upon signing up at an event; (7) upon registering a Luxotti product; (8) when you submit a business reply, product, or warranty card; (9) when you post material to the Platforms, such as through product reviews or use of our virtual technology; or (10) when you interact with us for any other purpose. Information that you provide through the Platforms can be combined with the information that we collect from you in any other way. 
We may also collect certain information automatically when you use the Platforms, as described below. This may include the use of pixels and other tracking technologies operated by us and by third parties, as described in other sections of this Policy. 
We may receive information about you from third parties and combine it with information you have provided to us.

When you interact with us, we may collect information that you choose to provide, such as your name, address, email address, phone number, payment information, demographic information (such as your income level and gender), date of birth, location information, information regarding your membership with other organizations (e.g., to provide discounts), photos and recordings, biometric identifiers or biometric information, and any other information you choose to provide. Depending on the circumstances, information we may collect on or through our Platforms includes, but isn’t limited to:

 
If you contact our customer service department, you may need to provide us with additional information so that we can respond to your questions or concerns as completely and thoroughly as possible. If you create an account with us, we collect your username and password. 

 
If you are providing delivery information or other information which is not your own, then you must have that person’s permission to give us their information and for us to use and share it for the purposes specified.

When you make a purchase, we will collect your payment card, gift card, or other payment information. M-Experiment takes reasonable steps to protect the security of payment card information such as by using tokenization, a storage technique which replaces payment card data with randomized identifiers.

 
If you decide to register your product(s), you may choose to voluntarily provide the date of your last eye exam, the type(s) of products to register and their purchase date, the reason(s) why you decided to buy M-Experiment products and your consent to receive our newsletter on our brands. 

 
If you are entering a sweepstakes, contest, giveaway, or other promotion (each a “Promotion”), your age or birth date. 

 
If you apply for a job through one of our Platforms, we will collect any information you provide in your application, including, but not limited to, work authorization information, visa status, desired salary, language proficiency, educational background, employment history, and references.

You may also choose to voluntarily provide optional information such as race, gender, or whether you are disabled. If you are participating in a survey, we may ask your gender and age, income, ethnicity, family size and marital status.

 
If you are sharing an article or page of the Platforms with a third party, the third party email address will also be collected. By using such a referral feature, you certify that you have permission to provide your friend’s email address and to send them this content.

  
Some of the affiliates and brands covered by this Policy are subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). These affiliates and brands may collect additional information that is considered “protected health information” (“PHI”) as defined by HIPAA. When the information that we collect is considered PHI, we will handle that information in accordance with our Notice of Privacy Practices. Please visit that notice for information on our privacy practices, our legal duties, and your rights concerning your PHI. 

We may collect biometric information to provide you with certain services. See the “BIOMETRIC INFORMATION” section of this Policy to learn more about how this information is collected, used, disclosed and stored.

We (or third parties operating on the Platforms) also may automatically collect technical information when you use our Platforms (for example, browser version, IP address, Internet service provider, referring/exit pages, operating system, date/time stamp, clickstream data and reference site domain name, customer traffic patterns and website usage). We or third parties also may collect information related to ad campaigns, including data about the actions users take and interactions users have in connection with our ads on sites and mobile applications operated by our advertising partners. We or third parties may use cookies, pixel tags, or similar technologies to collect technical information and information related to ad campaigns. See the “Digital Advertising & Analytics”section of this Policy to learn more about the use of this information and the choices available to you.

We may also collect information about your location when you access or use the Platforms. We may collect information regarding your general location using your IP address, to the extent activated by you if required under applicable law. If you access or use the Platforms from a mobile device, we may collect more precise geolocation information from your mobile device, subject to your activation of such function if required under applicable law. This information may be used to customize certain features of our Platforms and to provide you with location based services. This information may also be used to send push notifications, which appear on the display of your mobile device in the form of a badge, alert or banner, and allow mobile applications to send information to your mobile device even when the application is not in use. For information on default privacy setting and how to change them, including how to enable and disable geolocation services and/or push notifications on a mobile device, see YOUR CHOICE below regarding your opt-out choices.  

We may use the information we collect for any lawful purpose, including the following: 

1) To process and fulfill your order, including sending you emails to confirm your order status and shipment, and to provide other related communications.
2) To identify your preferences to customize our communications and marketing. 
3) To manage and record your settings, consents, communications and opt-out choices. 
4) To provide information regarding vision, vision care, and vision correction. 
5) To administer a contest, promotion, survey, or other site feature, and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest).
6) To send you information/materials via email, text, or mail about products, offers, and news. This information may relate to products, services, offers, and news of M-Experiment products. Please see “Your Choices” below for more information.
7) To allow you to find an eyecare professional or doctor, distributor, store or sales consultant in your area and schedule eye exams or similar appointments with such persons. 
8) To de-identify and/or anonymize your information. 
9) To operate and improve the Platforms, including to analyze visits to the Platforms and learn about our visitors so we can operate the Platforms and improve our products and services and deliver the best user experience. 
10) To communicate with you, including responding to your inquiries.
11) To comply with the law and to maintain the security of our Platforms.
12) To create audiences for our advertisements, target our advertisements, and generate reports about the performance of our advertisements. As otherwise disclosed at the time of collection or use. 

When you make a purchase, you can choose to save your information to obtain a faster checkout for purchases and/or you can choose to receive emails or texts, which provide you with information regarding our other products and services.  
We obtain your consent before contacting you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing phone calls or text messages. You are not required to grant consent to telemarketing calls or texts as a condition of buying any goods or services. Also, you may revoke your consent at any time at the contact information listed at the end of this policy. Message and data rates may apply.
We will retain your personal information for the period necessarily to fulfill the purposes of your personal information collection, unless a longer retention period is required or permitted by law. 

We engage service providers to perform services in connection with the operation of our business. We may share personal information with service providers to the extent necessary for them to provide services to you or us that are aligned with the purposes outlined above. Examples of these services include payment processing and authorization, text messaging services, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing.
In proceeding with your online order, you agree that any information associated with the order, such as the delivery name and address (if different from yours), will be processed using service providers. 
Personal information collected through our Platforms may be shared between the brands and affiliates, including future affiliates that are owned or operated by M-Experiment of America Inc.
We also share personal information with selected third parties for their own marketing purposes (except for your phone number or biometric information). This also includes information collected through pixels and other tracking technologies operated by third parties, as described elsewhere in this Policy. See the “Your Choices” section of this Policy for more information.
We may release personal information if we believe in good faith that:

(1) the law or legal process requires it;

(2) we have received a valid administrative request from a law enforcement agency; or 

(3) such release is necessary or appropriate (in our sole discretion) to protect the rights, property, or safety of M-Experiment, or any of our respective affiliates, service providers, customers, or

(4) as M-Experiment deems necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Terms of Use.

We may also share your information with your consent or as otherwise disclosed at the time of data collection or sharing.

As with any business, it is possible that as our business develops, we might go through a business transition, such as a merger, acquisition by another company, or the sale of all or a portion of our assets, or buying online stores or other assets, including at bankruptcy. In such transactions, information about customers will likely be transferred.

The Platforms may allow you to provide comments in various sections of our Platforms, such as in product reviews. Please be aware that the information you post in these areas may be available to visitors of the Platforms and to the general public. To the fullest extent allowed under applicable law, we do not monitor such content and are not responsible for material posted by you or others in these public forums.

We may share aggregated and de-identified information, or any other technical information, without limitation. For example, we may share aggregated demographic information about the Platforms visitors with our affiliates, service providers or vendors, so that they can provide marketing analysis and consult on advertising strategies. We also may share technical information, such as the number of users who visited the Platforms during a specific time period or who purchased a specific product through the Platforms, with our marketing service providers, advertisers, and others from time to time. This information generally is shared in an aggregated form.

We are a multi-national organization with locations in many countries around the world. Your personal information may be stored and processed outside of your country, province or state of residence, in any jurisdiction where we have facilities or in which we engage service providers, to the extent allowed in accordance with applicable law. This means that your personal information may be transferred in jurisdictions that have less restrictive privacy laws than your country, province, or state of residence, in which case we will ensure, through contractual means or otherwise, that it will receive an adequate protection in compliance with generally accepted data protection principles.

We take steps to process personal information according to the provisions of this Privacy Policy and the requirements of applicable law.  

We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Platforms and other sites or apps over time, including information about relationships among different browsers and devices.

This type of advertising is known as interest-based advertising and works to use your information to make ads more useful to you. You may visit www.aboutads.info to learn more about this type of advertising and how to opt out of this advertising on websites by companies participating in the DAA self-regulatory program. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt out choices exercised through the DAA tool. Note that electing to opt out will not stop advertisements from appearing in your browser or applications. It may make the ads you see less relevant to your interests. Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our Platforms may not function as intended.

Advertising Providers may use data collected in connection with our advertising campaigns for the following purposes:

-For measurement and insight reporting (to produce and provide us with reports measuring the impact and performance of our advertising campaigns). 

-To produce benchmarking reports to share with their other customers, but such benchmarking reports will not identify you.

-To target our ad campaigns to specific groups of individuals having particular characteristics.

-To improve and optimize advertising services (for example, to support the objectives of our ad campaigns, improve the effectiveness of their own advertising services and determine the relevance of ads to individuals).

-To personalize ads that the Advertizing Providers show, including to enhance user profiles with inferred interests.

-For their internal purposes, including (i) to promote and ensure the safety and security on and of their products and services; (ii) to detect and prevent malicious, deceptive, fraudulent, invalid or illegal activity; (iii) for research and development purposes; and (iv) to maintain the integrity of and to improve their products and services.

-To combine it with other data collected by Advertising Providers in order to provide greater insights in respect of our advertisements.

We may also work with service providers that collect data about your use of the Platforms and other sites or apps over time for non-advertising purposes subject to their privacy policies. We use analytics providers such as Google Analytics to gather and analyze aggregated anonymous user information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the applicable Platforms by going to http://tools.google.com/dlpage/gaoptout.
We use web analytics tools to enhance user experience by optimizing the efficiency, design, and quality of the Platforms. Our analytics tools use cookies and similar technologies to collect and analyze information related to user behavioral metrics on the Platforms, such as mouse movements, clicks, user inputs, scrolling, access time, visit duration, pages viewed, IP address (including approximate location), operating system, and page reloading. These tools provide insight into what works and what doesn’t work for users of the Platforms and they allow us to, for example, identify and repair technical errors such as broken links that impair the Platforms’ functionality. The web analytics tools also help us reconstruct the user experience to better understand, for example, where users may be encountering frustration or impediments to using the Platforms. 
We use a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. This session replay software may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), anonymized IP address, location (city/country), language, and similar metadata. This software does not collect information on pages where it is not installed, nor does it track or collect information outside your web browser.  
We use this web-based analytics software because it gives us a tool to track the online behavior of visitors while on the Platforms and lets us replay visitors’ actions. This tool gives us the opportunity to make the Platforms better and, in turn, provide you with an enhanced online experience as well. Thanks to this tool, we are able to gain insight on how you and other visitors use the Platforms; for example, whether you can easily locate the “Find a Store” page or whether it takes multiple clicks to get to that page. Information about these small choices and interactions are of paramount value to us, as they can easily make your experience better and more intuitive and, more importantly, allow us to provide you with a more seamless, customer-friendly e-shopping experience while on the Platforms. 
For more information on this session replay software, see Contentsquare’s Privacy Policy at https://contentsquare.com/privacy-center/privacy-policy/.
We may use pixel tags (also known as web beacons and clear GIFs) to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the services and response rates. Our Advertising Providers may use pixel tags to collect information for the purposes described above.

The Platforms may provide links to third-party websites or apps, including our social media pages. We do not control the privacy practices of those websites or apps, and they are not covered by this Policy. You should review the privacy policies of other websites or apps that you use to learn about their data practices.

The Platforms may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share information or you otherwise interact with social media features on the Platforms, those social media companies may collect information about you and may use and share such information in accordance with their own policies, including by sharing such information with us or the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to read the privacy policies for any social media accounts you create and use.

Through various technology features, including but not limited to our virtual technology features and/or when you upload a photo through one of our Platforms, we may collect data that potentially falls under the definitions of “biometric identifiers” or “biometric information” under the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq. and Texas Capture or Use of Biometric Identifier Act (“CUBI”), Bus. & Com. § 503.001 et seq. “Biometric identifiers” are defined as retina or iris scans, fingerprints, voiceprints, or scans of the hand or face geometry.

“Biometric information,” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual. 

Any collection of biometric identifiers and biometric information are for the sole purpose of assisting you in viewing how certain eyeglasses may look on your facial features. We will not disclose or disseminate any biometric information to any entity, other than those contracted parties that assist us in providing this service to you, or as required by applicable federal, state or local law, or required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.

We will not share your biometric identifiers and biometric information with any entity except in the following cases: 

- We will share your biometric identifiers and biometric information with contacted parties that assist us in providing services to you via our Platforms 

-We will share your biometric identifiers and biometric information where it is required by applicable federal, provincial, or local law 

-We will share your biometric identifiers and biometric information where it is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction 

We shall retain any biometric identifiers or biometric information for the limited period of time required to provide you with the service, and shall not exceed six months as long as you consent to such retention, maintain an account with us, and expressly request to save your virtual profile to your account. If you do not maintain an account with us we shall retain biometric identifiers or biometric information for up to six months, but we will not be able to retrieve or connect your information to your identity. After six months, all biometric identifiers or biometric information we have collected from you shall no longer be retrievable or readable by our operating systems or applications. We use appropriate technical, administrative, and physical safeguards to store, transmit, and protect from disclosure any biometric identifiers or biometric information collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same or more protective than the manner in which we store, transmit, and protect from disclosure other confidential and sensitive information.

Biometric information will only be collected by us with your prior explicit consent. Before using our virtual technology features, you will be prompted with a copy of this policy. By clicking “I accept” you are consenting to our collection and storage of your biometric identifiers or biometric information.

(a)Your Rights and Choices

The California Consumer Privacy Act of 2018 (“CCPA”), and other California privacy laws, provide California consumers specific rights concerning their personal information, including, the right to request that we disclose what personal information we collect, use, disclose, and sell. This section describes your rights and how you may exercise those rights as well as describes how we, M-Experiment, and third parties handle your personal information. As described in this Policy, we may also make your information available to third parties for their direct marketing purposes (except for your phone number or biometric information).

If you choose to exercise these rights, we will not discriminate against you because of it.
You or your authorized agent can request: 1) a disclosure of your personal information we collect, use, disclose, or sell; 2) to delete your personal information we collect, or maintain; and 3) to opt-out of the sale of your personal information. If you choose to submit a request through an authorized agent, we will require proof that the authorized agent has your written permission to submit a request on your behalf. Additionally, we may require you to verify your identity with us through the verification process detailed below. 

(b)Requests to Know and Requests to Delete

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

- The specific pieces and categories of personal information we collected about you.

-The categories of sources for the personal information we collected about you.

-Our business or commercial purpose for collecting or selling that personal information.

-The categories of third parties with whom we share that personal information.

-If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

-sales, identifying the personal information categories that each category of recipient purchased; and

-disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

You also have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request to delete, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

You may submit a request to know or request to delete, free of charge, online through our interactive webform here, or through our toll-free number at 

M-Experiment: 800-403-7449 

Note: for requests to delete, we will require you to separately confirm that you want your personal information deleted. To verify your identity, we require you provide your name and email and to confirm your identity through a confirmation email message. For some requests, we may also require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. Once submitted, you will receive an email within 10 business days that we will use to verify your identity and provide confirmation of your request. If we cannot verify your identity within 45 days, we may deny your request. We will respond to your request to know or request to delete within 45 days from the day we receive the request. If necessary, we may extend the time period to a maximum total of 90 days from the day we receive the request. In such case, you will receive an email notifying you of the extension and explaining the reason for the extension. Any disclosure in response to a request to know will cover the 12-month period preceding the business’s receipt of the request and will be delivered in a readily useable digital format, or by mail at your request. 
Your request to know or request to delete may be denied for any reason allowable under the CCPA. For example, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

-Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

-Comply with a legal obligation.

-Make other internal and lawful uses of that information that are compatible with the context in which you provided it or any other purpose permitted by the CCPA.

Similarly, we may deny requests:

-If the information is not subject to the CCPA or otherwise excluded from the CCPA’s scope. Excluded information may include the following:

-publicly available information from government records;

-deidentified or aggregated consumer information; 

-health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;

-personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994; and

-certain workforce-related personal information and business-to-business communication.

-For specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks.

-To access or delete information that is de-identified.

-If your identity cannot be verified to a degree of certainty required by the CCPA.

-From an authorized agent that does not submit proof that they have been authorized by the consumer to act on the consumer’s behalf.

(c)Request to Opt-Out

If you are 16 years of age or older, you have the right to opt-out from a sale of your personal information. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and less than 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you may submit a request at Do Not Sell My Personal Information or through our toll-free number at

M-Experiment: 800-403-7449 

We will act upon your request no later than 15 days from the date we received the request. Note that we may deny a request to opt-out if we have a good-faith, reasonable, and documented belief that the request is fraudulent. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. 

(d)Collection of Personal Information

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category

Examples

Collected

(ADD IN CHART)

We may obtain the categories of personal information listed above from the following categories of sources:

-Directly from you or your agent.

-Indirectly from you or your agent. For example, through information we collect in the course of providing services.

-Directly and indirectly from activity on our websites. For example, via signups on our Platforms, such as through the creation of an account.

-Indirectly through pixels and other tracking technologies operated by us or third parties on the Platforms.

We may use or disclose the personal information we collect for one or more of the following business purposes:

-To fulfill an order.

-To provide you with information, products or services that you request from us.

-To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.

-To improve our website and present its contents to you.

-For testing, research, analytics and development.

-To create audiences for our advertisements, target our advertisements, and generate reports about the performance of our advertisements.

-To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

-As described to you when collecting your personal information or as otherwise set forth in the CCPA.

-To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

(a)Sharing Personal Information

In the preceding twelve (12) months, we have disclosed and/or sold personal information to third parties for a commercial or business purpose, as authorized under applicable law. We do not sell the personal information of minors under 16 years of age without affirmative consent.

In the preceding twelve (12) months, we have disclosed and sold the following categories of personal information for a business purpose to the following categories of third parties indicated in the chart below. 

(ADD SCREENSHOT OF CHART)

(b)Financial Incentives

The purpose of this section is to explain to consumers the material terms of certain financial incentives we are offering related to the collection, retention or sale of personal information. The terms of such incentive arrangements are described below.

(c)M-Experiment Refer-A-Friend Program

Our affiliated site M-Experiment com has established a refer-a-friend program that involves a reward of up to $10 off a single order (subject to a $40 minimum spend) for any M-Experiment.com customer who refers a friend that ends up making a purchase on M-Experiment.com using a provided referral link or by mentioning the name of the referring individual at the time an order is placed. The name and e-mail address of both the referring individual and the referred individual will be collected and retained by us for future marketing and promotional use. With the exception of our Canadian customers, which require consent prior to sending commercial electronic communications, referrer and referred individual will both be added to the distribution list of the M-Experiment.com newsletter. The refer-a-friend program is managed by a third-party service provider Mention Me. The terms and conditions of the program are available here

By participating in the refer-a-friend program and submitting your information to M-Experiment.com you are opting-in to this program and are agreeing to allow us to collect and use your name and e-mail address for marketing and promotional purposes. You can withdraw from the program at any time by e-mailing us at customercare@M-Experiment.com, but if you withdraw you will not be eligible for the referral reward.

We have determined that the business value of the personal information we collect in connection with the refer-a-friend program is reasonably related to the value of the reward. We made that determination by comparing the average expected cost of the reward with the average expected annual revenue from each subscriber to the M-Experiment.com newsletter, which is $3.90 per individual e-mail address based on 2021 financial information.

If you have questions or concerns regarding regarding this Policy, please direct inquiries to: privacyoffice@M-Expriment.com.

Subject to exceptions set out in privacy legislation, residents of Canada may request to view, update, or correct their personal information by contacting our privacy officer at the information provided in the “Contact” section below. In order to protect your privacy, we will take steps to verify your identity before granting you access to the information or enabling you to make corrections. Please keep in mind that certain information may be subject to exceptions if, for example, the information is protected by solicitor-client privilege, part of a formal dispute resolution process, about another individual that would reveal their personal information or confidential commercial information, or would be prohibitively expensive to provide.

To opt out of our email marketing or to unsubscribe from our email newsletters, you can contact our customer service department using the information in the “Contact” section below, or you can use the link provided at the bottom of each marketing message or newsletter. If you choose to opt out, you will continue to receive all email communications related to our transaction(s) and relationship with you.

If you would like to update your mailing information or want your name and address removed from our direct mailing list, you can contact our customer service department using the information in the “Contact” section below.
You can control the tools on your mobile devices. For example, you can turn on and off the GPS locator or push notification on your phone. Please consult your mobile device’s user guide for instructions on clearing cookies, enabling and disabling location services, and disabling push notifications.

As described in this Policy, we may also make your information available to third parties for their direct marketing purposes (except for your phone number or biometric information). Pursuant to California Civil Code § 1798.83, no more than once per calendar year, California residents may request that we send you via mail or email:

(1) the categories of personal information disclosed to those third parties; and

(2) the names and addresses of those third parties. To request this information, please contact us at privacyoffice@M-experiment.com. Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent at any time. However, such withdrawal may mean you will not be able to use or (fully) benefit from our services, features or offerings. Also, we may keep using or communicating your personal information following your consent withdrawal to the extent permitted or required under applicable law. To withdraw your consent, if applicable, you can contact our customer service department using the information in the “Contact” section below.

You can opt out at any time of receiving future promotional emails from M-Experiment by following the unsubscribe procedures indicated in each email. Even if you opt out of receiving promotional emails from M-Experiment, we will send you transaction emails and respond to questions from you. 

We understand the importance of protecting children’s privacy, especially in an online environment. Our Platforms are not intentionally designed for or directed at children less than 16 years of age. We do not knowingly collect personal information from children under the age of 16 without the consent of the child’s parent or guardian. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any personal information relating to children that we have collected, we will take steps to securely remove it from our systems.

You may request to view, update, or correct your personal information by contacting our privacy office at the information provided in the “Contact” section below. In order to protect your privacy, we will take steps to verify your identity before granting you access to the information or enabling you to make corrections.

We maintain reasonable and appropriate safeguards to help protect your personal information from loss and from unauthorized acquisition. We monitor activity on our Platforms to prevent any unauthorized disclosure of information. In addition, we utilize a licensed system for credit card authorization and fraud detection.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third-party information.

INTEREST-BASED ADVERTISING AND CHOICE

We may engage and work with service providers and other third parties to serve advertisements on the service and/or on third-party services. Some of these ads may be tailored to your interests based on your browsing of the service and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the service (i.e., “retargeting”).

You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps.
Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads.
Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you Interest-based Advertising will do so as well, though we cannot guarantee their compliance. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
When required by applicable law, we ensure that, by default, the parameters of our Platforms provide the highest level of confidentiality without any intervention by you. This means, notably, that any cookies and any other technologies with features allowing you to be identified, located or profiled (including for interest-based behavioral advertising activities described below) will be turned off by default, until you activate them directly in the privacy and cookies settings manager or authorize us to do so. 

Some information about your use of the service and certain third-party services may be collected by us or by third parties using tracking technologies across time and services and used by us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the service and certain third-party services.

We may change this Policy at any time in our discretion. If we decide to change our Policy, we will post the changes on this page. Please review this page periodically to see any updates to the information provided here. This Policy was last updated on May 25, 2022.

To request this Policy in an alternative format, please reach out to us at the Contact information provided below.

In the unlikely event your personal information is accessed, lost, or stolen by an unauthorized third party, M-Experiment will exercise commercially reasonable efforts to notify you to the extent required by law and disclose to you the personal data that was accessed/disclosed using the contact information provided to us or by other reasonable means.

On January 1, 2012, the California Transparency in Supply Chains Act of 2010 goes into effect. This law is designed to address the difficulty of policing slavery and human trafficking crimes by requiring certain companies that do business in California disclose their efforts to eradicate such activity from their supply chains.

We strive to ensure that our products are manufactured in a responsible and ethical manner. With respect to the absence of slavery and human trafficking in our supply chain, we specifically undertake the following actions.

SUPPLY CHAIN ASSESSMENT

M-EXPERIMENT requires that all of its suppliers to affirmatively disclose certain information relating to the manner in which it conducts its operations. Included in this process is the Supplier Social Responsibility Self-Assessment Questionnaire which touches upon a number of topics including the following:

- Labor Practices;

-Health & Safety;

-Environmental Impact; and

-Core Values & Ethics.

M-EXPERIMENT then uses this information as a basis from which to conduct audits by specially trained M-EXPERIMENT employees to validate the information provided.

SUPPLIER AUDITS

All suppliers are subject to audits which are typically scheduled in advance. These on-site factory visits are supplemented by document reviews/desk audits.

In conducting all supplier audits, emphasis is placed on the following areas:

-Management Accountability and Responsibility;

-Documentation and Records;

-Training and Communication; and

-Corrective Action Process.

SUPPLIER CERTIFICATION

As part of our evaluation process, we require our suppliers to certify that the materials incorporated into the products comply with local regulations regarding slavery and human trafficking. In addition, all contractual agreements, including purchase order terms and conditions require our suppliers to reaffirm their commitment to compliance with local laws.

ACCOUNTABILITY STANDARDS

If we believe that a supplier is not in compliance with its representations, contractual commitments or legal obligations, we will provide the supplier with the opportunity to remedy any potential non-compliance through the implementation of a corrective action plan, which will include a subsequent audit by key M-EXPERIMENT personnel. Should the supplier continue to fail to meet its obligations, we will seek to eliminate such supplier from our supply chain.

TRAINING PROGRAMS

M-EXPERIMENT places great importance in providing its employees with the resources necessary to effectively and efficiently fulfill their job responsibilities. With this in mind, key M-EXPERIMENT supply chain audit personnel will receive training from Social Accountability International with an emphasis on SA8000 auditing standards as it relates to social responsibility audits.

WARNING. This Product can expose you to chemicals, including Bisphenol A (BPA), which is known to the State of California to cause
cancer and birth defects or other reproductive harm. For more information go to
www.P65Warnings.ca.gov.

COPYRIGHT

Except where indicated, the entire content included in this site, including but not limited to the text, graphics, images, code, and metadata, as well as any individual images, photographs, or descriptions, are the copyrighted works of M-EXPERIMENT, LLC, protected by federal or other copyright laws, and remain the exclusive property of M-EXPERIMENT, LLC. Any use, including reproduction, distribution, display, or transmission of the content of this site or individual images, photographs or descriptions on this site, is strictly prohibited.

TRADEMARK

 All trademarks, service marks, trade names, logos and product names of M-EXPERIMENT used on this site are trademarks or registered trademarks of M-EXPERIMENT, LLC in the U.S. and other countries. M-EXPERIMENT technology and trademarks are ferociously protected by our really tenacious lawyers.

 A trademark can be a word, phrase, symbol, or design that distinguishes the source of the goods or services. Also, as trade dress, it can be the appearance of a product or its packaging, including size, shape, color, texture, graphics, and appearance (e.g, retail store or website).

The following is a non-exhaustive list of M-EXPERIMENT’S trademarks and service marks:

 <LIST>[GN1] 

 The absence of a product or service name or logo from this list does not constitute a waiver of M-EXPERIMENT’s trademark or other intellectual property rights concerning that name or logo. 

PATENTS

The following products are protected by patents in the U.S. and elsewhere for M-EXPERIMENT, LLC. This website is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of the America Invents Act and provide notice under 35 U.S.C. §287(a). The following list of products and patents may not be all inclusive. For example, some products listed here may be covered by patents in the United States and elsewhere that are not listed, and other products not listed here may be protected by one or more patents in the United States and elsewhere. The following list of products may be covered by one or more of the following U.S. Patents:[GN2] 

 [GN1]Let’s finalize the list right before launch. We’ll have BUSINESS ™ and PLEASURE ® and whatever else. They won’t be registered, at that time, because there will have been no sales to date. 

 [GN2]NOTE: We are unlikely to have any issued patents at the time the site goes live. If so, then, just leave it blank at that time. 

M-Experiment is committed to improving the accessibility of our websites and electronic communications. Working with a retained accessibility consultant, M-Experiment is striving for the highest level of accessibility for people with disabilities. Over time we will be implementing relevant portions of the Section 508 Web Accessibility Standards developed by the United States Access Board, as well as the World Wide Web Consortium's (W3C) Web Content Accessibility Guidelines 2.1. With our consultant's assistance, we will test our materials with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies. These processes will promote accessibility for everyone, regardless of disability or device used to access information on our websites and electronic communications.

Below are some of the steps we are or will be taking to ensure the accessibility of our online materials.

-All images will contain appropriate alternative text

-Form elements will be properly labeled

-Data tables will contain headers where appropriate

-Headings will be used throughout the site

-Multimedia (video or audio clips) will be captioned and/or described

-All areas of the website will be operable without the use of a mouse

-Foreground/background color schemes will provide adequate contrast

-Information will not be conveyed through the use of color alone

-Links will be worded to make sense when read out of context

-A method will be provided to bypass repetitive navigational links

-Text will be resizable in all browsers

Please be aware that our efforts are ongoing; as a result there may be areas of our sites that are less accessible than others during a given period of time.