Welcome to (the “Site”). Please read this document carefully before accessing browsing, or otherwise using the Site.

1.                  Scope of Agreement

This Site Terms and Conditions of Use Agreement (the “Agreement”) is between you and Kenmark Optical, Inc. (“Kenmark Eyewear” or “we”) and governs your access to and use of this Site, including without limitation all services and transactions conducted through this Site.

Please click here [] to read Kenmark Eyewear’s Privacy Policy, which is incorporated into and made a part of this Agreement. The Privacy Policy explains how Kenmark Eyewear collects, uses and discloses your personal information.

2.                  Binding Agreement.

By accessing or using this Site in any manner you are deemed to have read, understood, and agreed to each of the terms, conditions, and notices set forth in this Agreement. If you do not understand or agree to each of the terms, conditions, and notices in this Agreement, do not access or use this Site.

3.                  Modification of Site or Agreement.

Kenmark Eyewear may, at any time and in its sole discretion, modify, revise or otherwise change this Site (including without limitation adding or discontinuing any or all of the goods, services, Content, or transactions offered through this Site), in whole or in part, without notice or liability to you.

Kenmark Eyewear may modify this Agreement at any time at its sole discretion. Kenmark Eyewear will post the date of the last revision at the top of this Agreement and will post the modified version on the Site. By continuing to access and use the Site once the modified Agreement is posted, you indicate your assent to the modifications and your agreement to be bound by this Agreement as modified.

4.                  Online User Accounts. 

(a)               Online User Account. To access the Site and/or use the Site, you must create an online user account.  All users will be given separate login identifications. You are solely responsible for your account. Kenmark Eyewear’s use of any personal or business information provided during the account creation process is governed by the Privacy Policy.  You are entirely responsible for maintaining the confidentiality and security of your account, and you are solely responsible for all changes and updates submitted through your account as well as activities that occur under your account.  You acknowledge that Your account is personal to You and shall not provide any person with access to the Site or portions of it using Your user name, password or other security information. You agree to notify Kenmark Eyewear immediately of any unauthorized use of your account by either sending notifications to [] or other methods as directed by Kenmark Eyewear from time to time. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record your password or other personal information.

(b)               True and Accurate Information. You represent and warrant that all information submitted through the Site will be true and accurate information. You further represent and warrant that all documentation submitted through the Site will be your own or owned by your business and will be true, accurate, and unaltered.

(c)               Communications. By creating an online account with the Site, you may receive periodic emails from Kenmark Eyewear or its affiliates and partners.  These emails may include, among other things, notifications about your account or your use of the Site, updates to this Agreement or updates to the Privacy Policy.  These emails may also include information pertaining to Kenmark Eyewear products, services, expo attendance, confirmations, newsletters, or other messages. Kenmark Eyewear may also use your email address to respond to your customer service inquiries. If you would rather not receive email from Kenmark Eyewear or communication from Kenmark Eyewear’s affiliates or partners, please send an email to [] and you will be unsubscribed from receiving further communications. Please allow 7-10 business days for completion.


5.                  General Restrictions On Use & Termination

Except as expressly permitted above, you shall not copy, reproduce, distribute, display, modify, perform, republish, download, store, transmit, sell, lease, or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site. You shall not remove any copyright, trademark, or other intellectual property notices from the content or other materials on the Site. Except as expressly set forth herein, no license is granted to you for any other purpose other than for the specific purpose outlined and agreed to in this Agreement.

You must use this Site only in accordance with the terms and conditions of this Agreement and only for lawful purposes. You may not use the Site (a) to reverse engineer or decompile it, or to gain (or to attempt to) access areas or features of the Site, its servers, or servers connected to it, or Kenmark Eyewear’s services for which you do not have the proper authorization; (b) in a manner that violates any national, state, local, or international law, rule, or regulation (including laws regarding the export of data or software); (c) to download (other than page caching) the Site or any portion of it except as expressly permitted; (d) for any resale or commercial purpose, including to advertise, promote, or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters,” or “spam;” (e) to cause pop-up, pop-under, exit windows, expanding buttons, banners, or anything else that minimizes, covers, frames, or inhibits full display of the Site; (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site or Kenmark Eyewear’s services or introduces any virus, Trojan horse, worm, logic bomb, or other material that is harmful; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited communications; (i) to harvest or collect information from the Site through data mining, web scraping, screen scraping, or other automated, technological, or manual collection of information; (j) in connection with any manual process to monitor or copy any of the material on the Site for commercial purposes or for any other purpose without Kenmark Eyewear’s prior written consent; (k) via robot, spider, or other automatic device, process or means to monitor or copy content or other material on the Site; (l) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; (m) in a way that violates the terms and conditions of this Agreement; (n) in a manner that Kenmark Eyewear determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Site or Kenmark Eyewear’s services.

6.                  Access to Site and Account Security.

(a)               Availability. The Site’s availability depends on many factors, including some that are beyond Kenmark Eyewear’s control, such as your connection to the Internet, and the Internet backbone.  Kenmark Eyewear reserves the right to withdraw or amend the Site, and any service or material provided on the Site, in its sole discretion without notice. From time to time, Kenmark Eyewear may restrict access to some parts of the Site, or the entire Site, to users, including registered users. Kenmark Eyewear shall not be liable to you if you cannot use this Site or any part of it for any reason.

(b)               Minimum Age. You represent and warrant that you are 18 years of age or older and have the ability to enter into this Agreement.

7.                  Intellectual Property Rights.

(a)               General. U.S. and international copyright, trademark, and other intellectual property and other laws protect this Site, and any unauthorized access to or use of  this Site may violate such laws. Kenmark Eyewear reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law. The Site and all of its contents, features, and functionality (including information, software, text, images, graphics, information, data, software, displays, video, audio, design, selection, coordination, arrangement, and “look and feel” of the foregoing) are owned by Kenmark Eyewear, its licensors, or other providers and are protected by the aforementioned laws and regulations.

(b)               Ownership. All information and data that is part of this Site, including without limitation, text, course materials, software, graphics, photos, illustrations, images, results (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed in this Site (collectively, the “Marks”) and the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of Kenmark Eyewear or third parties. You are not granted any right, either express or implied, in any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual property or proprietary right of Kenmark Eyewear or any of the goodwill associated with any of the foregoing. You shall not use the Marks or any confusingly similar version of them. To the extent that You use any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual or proprietary right of Kenmark Eywear, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Kenmark Eyewear.

(c)               Trademarks. Kenmark Eyewear’s name and logo, KENMARK EYWEAR, the KENMARK EYEWEAR logo, and all related names, logos, product and service names, designs and slogans are trademarks that belong to Kenmark Eyewear or its licensors. You may not use such marks without Kenmark Eyewear’s or mark owner’s prior written permission. You may not use these marks in metatags or hidden text without Kenmark Eyewear’s prior written permission. Other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

(d)               Notices. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site.

8.                  Notice Of And Procedure For Claims Of Copyright Infringement

Kenmark Eyewear respects the intellectual property and proprietary rights of others.  In accordance with the Digital Millennium Copyright Act, Kenmark Eyewear has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please send Kenmark Eyewear’s Designated Agent (identified below) a notice containing the following:


(1)   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;

(2)   A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of the Site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);

(3)   A description of where the material that you claim is/are infringing is/are located on this site, including the URL, so that we can locate the material;

(4)   Your address, telephone number and email address;

(5)   A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and

(6)   A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

You acknowledge that if you fail to comply with all of the above-listed requirements of this Section, your DMCA notice may not be valid.


Copyright Agent:

Mari-Elise Paul

Stites & Harbison, PLLC

400 W. Market St., Suite 1800

Louisville, KY 40202




If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:


(1)      Your physical or electronic signature;

(2)      Description of the content that has been removed or to which access has been disabled and the location where the content appeared before it was removed or disabled;

(3)      A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

(4)      Your name, address, telephone number, and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If we receive a counter-notice, we may send a copy to the original complaining party informing the complainant that Kenmark Eyewear may replace or enable the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Kenmark Eyewear’s sole discretion.


9.                  Products and Pricing.  Pricing is subject to change without notice. Despite our efforts, a small number of the items on our Site may be mispriced, inaccurately described, unavailable, or inaccurately displayed and we may experience delays in updating the information on the Site or in our advertisements. We reserve the right to modify information, correct errors, inaccuracies, or omissions at any time.

10.              Term; Termination.

(a)               Right to Suspend, Terminate. Kenmark Eyewear may suspend or terminate access to some or all of the Site at any time for any reason or no reason. In addition to any other legal or equitable remedies available to Kenmark Eyewear, Kenmark Eyewear may, without prior notice to you, immediately terminate this Agreement, disable any user name, password, or other identifier, suspend your access to all or some of the Site, or revoke any permissions granted under this Agreement. 

(b)               Effect of Termination. Upon termination of this Agreement for any reason, you shall immediately cease all access to and use of this Site and Kenmark Eyewear may, in addition to any other remedies available to it at law or in equity, deny your access and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation payment obligations) of the parties arising before the effective date of termination. The provisions of Sections 12, 15, 16, 17 along with provisions that, by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.

11.              Warranty; Disclaimer; Limitation of Liability.

(a)               Disclaimers. Except as expressly stated otherwise by Kenmark Eyewear, all content, services, products, and transactions are provided on an “as-is” and “as available” basis without any warranties of any kind. This Site may include inaccuracies, mistakes, or typographical errors. You acknowledge that your use of this Site is at your own risk. Kenmark Eyewear does not warrant that the content on the Site, your use of the Site, will be uninterrupted or error free, accurate, useful, or complete, that defects will be corrected, that the Site or its server are free of viruses or other harmful components, or that the Site will meet your needs or expectations. Kenmark Eyewear disclaims any and all representations and warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and noninfringement, and further disclaims all representations and warranties of title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. Kenmark Eyewear shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or mobile device, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or by downloading any material posted on the Site or on any site linked to the Site, or any damages resulting from any reliance on information from Kenmark Eyewear, mistakes, omissions, deletions, errors, defects, viruses, delays in the operation or transaction or failure to perform.

(b)               Limitation of Liability. To the maximum extent permitted by applicable law, Kenmark Eyewear, and its officers, directors, employees, or agents shall not be liable for direct, punitive, consequential, incidental, exemplary, indirect, or special damages (including without limitation damages for lost profits, revenues, business, use, data, goodwill, or other intangibles; anticipated savings, pain and suffering; personal injury, or emotional distress), whether or not such damages were foreseeable and even if Kenmark Eyewear had been advised of the possibility or likelihood of such damages. To the maximum extent permitted by applicable law, Kenmark Eyewear shall not be liable to you, under any legal theory, for any damages arising from your use or inability to use the Site, any content on the Site, any services provided through the Site, or any Site linked from the Site. Submissions from you or from any other user of the Site, or from your reliance on any information provided on the Site. The foregoing does not affect any liability that cannot be excluded or limited under applicable law

12.              Indemnification.

You agree to indemnify, defend and hold harmless Kenmark Eyewear, its officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys' fees) and damages arising out of or relating to (i) your access or connection to, use of, or inability to use this Site, including without limitation claims arising out of your transactions through this Site, (ii) any claims alleging facts that, if true, would constitute a breach by you of the terms and conditions of this Agreement, (iii) injury to persons (including death) or property, including loss or corruption of data you cause; (iv) any claims resulting from any action Kenmark Eyewear, its licensees, service providers, or law enforcement authorities take during or as a result of investigation into any alleged illegal or unauthorized use of this Site. Kenmark Eyewear reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Kenmark Eyewear’s defense of such claims.

13.              International Access.

You may be accessing the Site from a country other than the United States, and this Site may contain products or services, or references to products or services that are not available outside the United States. Any such references do not imply that such products or services will be made available outside the United States. If you access and use the Site from outside the United States, you are responsible for complying with your local laws and regulations.


14.              General.

This Agreement is binding on and benefits the parties and their respective successors and permitted assigns. You shall not assign, delegate, sublease, or subcontract any or all of your respective rights, liabilities or obligations under this Agreement. Kenmark Eyewear may, without your prior written consent, assign any or all rights and/or obligations under the Agreement. Kenmark Eyewear shall be excused for failure to perform or for delay in performance under this Agreement when that performance is prevented or delayed by actions beyond Kenmark Eyewear’s control, including by weather, fire, tornado, other natural disaster, acts of God, power outage, labor strike, loss of supply, decisions by any government authority (whether valid or invalid) or court injunction or order. This Agreement may not be modified or amended except in writing posted by Kenmark Eyewear, in which case the amended or modified version of the Agreement shall apply prospectively. None of the Agreement’s provisions may be waived except in writing signed by Kenmark Eyewear. No waivers shall be implied, whether from any custom or course of dealing or any delay or failure in Kenmark Eyewear’s exercise of its rights and remedies hereunder or otherwise. Any waiver granted by Kenmark Eyewear shall not obligate it to grant any further, similar, or other waivers. Except as otherwise expressly provided in this Agreement, all remedies are cumulative, in addition to all other remedies available to Kenmark Eyewear at law or in equity or otherwise, and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other right or remedy. You agree that Kenmark Eyewear’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Kenmark Eyewear shall be entitled to specific performance, or injunctive relief, or both (without the obligation to post security), in addition to any damages that Kenmark Eyewear may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to reasonable attorneys’ fees. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky (without regard to its rules on conflicts of laws), and the United States of America. You hereby irrevocably consent to the exclusive jurisdiction of the federal and state courts located in Jefferson County, Kentucky, for any action relating to the Site, this Agreement or any relationship between the parties, and agree not to contest or challenge venue in any such courts. Optical reserves to itself any and all rights not expressly granted in this Agreement. This Agreement, (including the Privacy Policy) represents the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises or representations between them regarding the subject matter of this Agreement. To the extent this Agreement conflicts with any term or provision of another agreement incorporated into the Agreement by reference, the provision that best protects Kenmark Eyewear shall control.

12.       Contact Us.

Please send any questions or comments regarding this Site, by email to or by regular mail to:

Kenmark Eyewear

Attn: Marketing Department

1800 Research Drive

Louisville, KY



Last updated: September 5, 2017