IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO DIRECTLY TO THE CLOSEST EMERGENCY ROOM. The Services do not provide you with medical advice. For Eyes is not a medical provider.
WARNING: IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN.
The website located at https://www.foreyes.com (“Website”) is operated by For Eyes Optical Company (“For Eyes”, “us”, “we”, or “our”).
How to Contact For Eyes
Attn: General Counsel
For Eyes Optical Company
3601 SW 160th Ave, Suite 400
Miramar, FL 33027
You may not use the contact information provided for unauthorized purposes, including solicitations and marketing.
No Medical Advice
Not a Medical Provider.
For Eyes is not a medical provider. Use of the Services does not create a physician-patient relationship. Under no circumstances should the information on this Website or any of our other Services be used to make clinical, medical, or other decisions related to your health care. Any information supplied through our Services or by any of our employees or agents, whether by e mail, telephone, fax, letter, or other form of communication, (a) is for informational purposes only, (b) does not constitute medial or other professional advice, and (c) is not a substitute for professional medical judgment applied by your medical provider or your eye care practitioner. You should contact your contact lens prescriber for all questions relating to eye care for contact lenses prescribed to you.
No Treatment Recommendations.
From time to time, For Eyes may post, e-mail, or otherwise share informational articles, product announcements, and other information that we believe you may find relevant or of interest. You understand and agree that any information, medical device or other products, medications, procedures, treatments, or any other information referenced in the Licensed Materials are not intended as a recommendation or endorsement of any course of treatment, procedure, product, medical device, medication, or information and that the ultimate responsibility for diagnosing and treating you rests with your medical provider. The information made available on or through the Licensed Materials should not be relied upon when making medical decisions or to diagnose or treat a medical condition. The materials and information in the Licensed Materials may include technical inaccuracies or typographical errors. We do not warrant the accuracy, completeness, or usefulness of the information made available on or through the Services. Any reliance you place on this information is strictly at your own risk. Further, the information contained within press releases issued by For Eyes should not be deemed accurate or current except as of the date the release was posted and may potentially include inadvertent errors. For Eyes will not update, and specifically disclaims any duty to update, the information in any press releases.
Privacy Statement and Communication
Communication Means and Communicating Electronically.
(a)We may communicate with you through one or more of the following means: mail, landline phone, cellular phone, e-mail, and text message. By providing us with your mailing address, landline phone number, cellular phone number, or your e-mail address, you consent to us using such means to contact you.
(b)When you use our Website or send communications to us through the Website, to our e-mail, or a similar electronic method, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Website and our other Services. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you will be deemed delivered and effective when sent to the email address you provide to us.
Authorization to Send Text Messages and Make Automated Phone Calls.
(b) You understand that your telephone company may charge you for telephone minutes and to send and receive text messages.
(c) You do not have to consent to receive autodialed or prerecorded message calls or texts to receive Services from us. Where we are required to obtain your consent for such communications, you may choose to revoke your consent by unenrolling from the relevant Service using the means provided (for example, you may unenroll from prescription reminder texts by following the appropriate text messaging prompts). If you have any questions, please contact us using one of the means identified in Section 2 (How to Contact For Eyes).
Your Account and Making Purchases
Account and Registration.
(a) Some features that may be available on the Website or through the Services require registration for an account. As part of the registration or purchase process, (i) if you received services from a For Eyes retail location, you agree and understand that the information available at the relation location may be connected with and available through your online account (e.g., a prescription that you previously filled at a For Eyes retail location), and (ii) if you provide For Eyes with your prescription, you agree that For Eyes may act on your behalf to verify your prescription with your provider and hereby permit your health care provider to provide to For Eyes all information about your prescription (e.g., confirm the accuracy of the prescription).
(b) By registering at and in consideration of your use of the Website and our Services, you agree to provide accurate, complete, current, and true information about yourself and, if applicable, to provide accurate, complete, current, and true information to your prescribing provider. You may not use a false email address or other false identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any information.
Username and Password.
(a) Some features on the Website and the other Services may require use of a unique username and password (the “Access Credentials”). You agree and acknowledge that you must take appropriate steps and use reasonable security measures to protect your Access Credentials and the data in the Services by, for example, protecting your password, selecting a strong password, protecting your mobile device with a strong password, using secure Wi-Fi or VPN, using antivirus software, using a firewall on your computer, locking your mobile device and your computer, and using any and all other appropriate and reasonable security practices.
(b) You may not share your account or Access Credentials with anyone. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your Access Credentials. For Eyes may assume that any communications For Eyes receives under your Access Credentials or from your account were made by you, unless For Eyes receives prompt written notice from you otherwise.
(c) If you have any reason to believe or reasonably suspect any loss, theft, or unauthorized use of your Access Credentials, your mobile device, your computer, or that your access to the Services were compromised, you must immediately notify us by e-mail using the means set out in Section 2 (How to Contact For Eyes), with attention to our Security Officer.
(a) Lowest Price Guarantee.
(i) We know you work hard for your dollars and want value without sacrificing quality or style. If you find the identical frames or contact lenses that you purchased from For Eyes for a lower price (including shipping costs and taxes) at a Selected Competitor, please come to one of our retail locations or contact us, within 15 days of your purchase with proof of the lower price, and we will adjust your payment to the lower price upon request.
(ii) To qualify for a price match, the products must be identical (including, without limitation, same color, size, brand, condition, and, if applicable, model number). The price for a product must be listed and valid at the time of match. We reserve the right to verify the Selected Competitor’s advertised price and the availability of the item. Price match discounts cannot be combined with any other For Eyes promotions. No rainchecks will be issued for products that are out of stock to match a competitor’s price. Refunds for products returned after payment of lowest price guarantee will reflect the amount adjusted for the price guarantee. Our price match policy is subject to change at any time.
(iii) “Selected Competitors” include (1) 1800Contacts®, Lens Crafters®, Pearle Vision®, Target Optical®, Visionworks®, Walgreens®, Walmart® Vision Center, and Warby Parker®; (2) duly licensed online retailers who are based in and have a physical retail location in the U.S. who are selling through third-party seller platforms such as Amazon, eBay, or Walmart; and (3) duly licensed independent optometrists who are based in and have a physical presence in the U.S. If you have a question about our price matching policy or whether we will match a certain price, please contact us using one of the means available on our Contact Us page.
(iv) The following exclusions apply to the lowest price guarantee: (1) clearance, closeout, liquidation sales, damaged, used, open package, refurbished, pre-owned, non-branded items, or prices that only display on a website after guests log in; (2) pricing due to typographical errors, competitor doorbusters or lightning sales (including Amazon Prime® exclusive offers or offers made from Thanksgiving Day through the entire week after Thanksgiving); (3) cash back affiliate and similar programs, including, without limitation, coupon offers, promotional codes, credit card offers, gift card offers, financing, bundled offers, sales tax promotions, free items, rebates, or mail-in offers; and (4) certain manufacturer brands as may be required by the manufacturer.
(b) Product and Service Pricing.
Prices and offers listed on the Website, in retail locations, or other parts of the Services are subject to change. Except where noted otherwise, the prices displayed for the products represent the full retail price of the products themselves, before subtracting any offers that are available either online or in the retail store. Not all offers that are available online are available in the retail store and vice-versa. Online prices and selection generally match those in our stores, but may vary. If you choose to make a purchase from us using insurance coverage information, the purchase price that you owe on such purchase will be based on your insurance coverage information as that coverage information is provided to For Eyes by your insurance carrier. While For Eyes accepts many insurance carriers, it is possible that For Eyes does not accept your specific coverage, that your insurance plan does not cover certain products or services provided by For Eyes, or that your plan is not accepted at certain For Eyes location or through certain For Eyes Services. You are responsible for confirming coverage prior to making a purchase from For Eyes. Things move quickly in the vision space and despite our reasonable efforts, a small number of the items in our catalog may be mispriced or we may receive inaccurate insurance coverage information from your vision plan. If the correct price of an item sold through our Services is higher than our stated price, or if the correct price is higher than our stated price due to inaccurate insurance coverage information, we will, at our discretion, either contact you for instructions before shipping your order or cancel your order and notify you of such cancellation.
(c)Product Descriptions and Appearance.
We make commercially reasonable efforts to display and described the products that appear on the Website accurately. But, not all monitors and screens are created the same or have the same settings. The appearance of certain characteristics of the products, such as color, will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. If any product offered on the Website is not as described, your sole remedy is to return it to us in unused condition.
(d)Paying for Your Order.
When shopping online, after you make your product selections and provide your prescription and shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes. By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method. If you enroll in our auto re-order service or a similar program, you authorize us to automatically charge the payment method you provide at your selected reorder periods (e.g., quarterly, bi-annually, etc.). Not all payment methods may be used with an auto re-order program. In some circumstances, we may pre-authorize your order amount with your credit card issuer at the time you place the order, and such pre-authorization may impact your available credit line. We collect and remit sales tax as required by applicable U.S. and state law for transactions made through the Website and in our retail stores.
(e)Discounts and Promotions.
(i) We may, from time to time, make promotional codes and coupons available for you to use with your purchase. To use the promotional code or coupon, you may be required to provide the specific discount code number at the time of checkout or the promotion may be automatically applied.
(ii) Promotional codes and coupons (1) may be redeemed up to the total purchase amount and cannot be applied to orders already placed or filled; (2) unless otherwise expressly provided by the terms of the promotion or coupon, do not cover shipping costs; (3) cannot be applied towards taxes of any type; (4) unless otherwise expressly provided by the terms of the promotion or coupon, cannot be combined with an insurance purchase or with other offers; (5) must be used prior to their noted expiration date, within a single transaction, and cannot be replaced if they are lost, stolen, deleted, or if you cancel or return your purchase; (6) have no independent cash value and cannot be redeemed for cash; and (7) may have additional terms, including product limits and restrictions (such as may only be used with the purchase of a certain contact lens brand).
(iii) In the event of a reduction in price below the coupon value, the excess value of the coupon will not be refunded. Promotional codes and coupons are subject to available supply and are subject to change and cancellation without notice.
(f)Order Acceptance and Confirmation.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We are required by law to verify prescriptions and we are relying on both you and your prescribing provider to provide us with the correct information. If your prescription information is incomplete, we may need to take additional measures to find current information, which could delay the shipment of your order.
(g)Checking Order Status
Once your purchase is on its way to you, we will send you an email confirmation with tracking information. Order status may also be available in your online account with us. You can also contact us using one of the means available on our Contact Us page to check on the status or to ask any other questions about your order.
All purchases made through the Services are subject to product availability and will be shipped according to the For Eyes shipping policies, as such policies may be modified from time to time. In the rare event that your order never arrives, you must provide us with notification within 30 days from the date of the shipping confirmation e-mail. Shipping costs may apply to purchases unless expressly stated otherwise.
(i)Returns and Exchanges.
(i) Your purchase for glasses is backed by our unconditional 30-day money-back guarantee. Unopened contact lens boxes may be returned for any reason within 30 days of receipt. Defective contact lenses may be covered by a manufacturer’s warranty. Please contact us using one of the means available on our Contact Us about any product defects.
(ii) All returns and exchanges must be approved in advance. In some circumstances, it may be possible for you to return and exchange a purchase you made online at one of our retail locations. Please contact us using one of the means available on our Contact Us page to obtain return and exchange instructions. Once we receive your package, your refund or credit will be processed as quickly as possible (typically within 7 business days). If there is a refund due, a credit will be issued in the original form of payment or, if available at that time, stored as ‘store credit’ for use by you towards a future purchase with us. It may take several days for your credit card company or banking institution to post a refund credited to your original form of payment.
(iii) We may not be able to provide an automatic exchange. You may need to return an existing purchase for a refund and then place a new order through the Website or at one of our retail locations.
(iv) If gift cards are available, they are not eligible for returns, exchanges, or cash value except as otherwise required by applicable state law.
(v) Our return and exchange policies are subject to change at any time. Please contact us using one of the means available on our Contact Us page with any questions.
(j) Risk of Loss.
The risk of loss and title for all products you order passes to you upon our delivery to the mail carrier (such as FedEx, UPS, or USPS).
(k) Purchase Limits and Reselling.
We want to give all of our customers an opportunity to buy our products. Therefore, you may not purchase commercial quantities of our products and we may place limits on purchases (such as by restricting orders placed by or under the same account or the same credit card). You may not resell, in any manner, any products you purchase from us, whether you purchased the products through the Website or by any other means. We reserve the right, at our sole discretion, to reject or decline any order you place with us without giving you any reason. Further, we reserve the right to limit, cancel, or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products.
Use by Children.
The For Eyes Website and the Services are intended to be used by individuals who have reached the age of majority in their home jurisdiction (generally 18 years of age and older). If you are under the age of majority in your home jurisdiction, please do not use or access the Website or use the other Services. The Services (including, without limitation, the right to make place orders and make purchases and submit prescription information) IS NOT INTENDED FOR USE BY MINORS. If For Eyes becomes aware through reliable means that a user is under the age of majority, For Eyes may, subject to applicable law, cancel that individual’s account and delete all information regarding such individual from the For Eyes’ systems and records. Parents, legal guardians, and personal representatives may place orders for their children and their charges, as applicable.
Fees for Connecting to the Internet.
You will be solely responsible for any charges or expenses you may incur to access or use the Website or Materials, including, without limitation, any charges for communications lines, wireless phone charges, wi-fi, computers, mobile devices, or modems.
License and Usage Rights and Restrictions
Limited Right to Use the Services.
Ownership of Content.
App Stores and Third-Party Fees.
You agree to pay all fees (if any) charged by the App Store in connection with the relevant mobile application. You agree to comply with, and your license to use the mobile application and the related Materials is conditioned upon your acceptance of and on-going compliance with, all applicable third-party terms and conditions (e.g., the App Store’s terms and policies) related to the mobile application.
The terms in this Section 6.3(c) apply to any mobile application accessed through or downloaded from the Apple App Store:
(i) You will only use the Apple App Store sourced mobile application (1) on an Apple-branded product that runs the iOS; and (2) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
(ii) In the event of any failure of the Apple App Store sourced mobile application to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price for such mobile application and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App Store sourced mobile application. As between For Eyes and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of For Eyes.
You expressly agree to refrain from doing, either personally or by authorizing, assisting, or causing any third party, any of the following: (a) use any device or other means to harvest or attempt to harvest information about other users; (b) transmit, install, upload, or otherwise transfer any “viruses,” “time bombs,” “malware,” worms, trojans, malicious software or any code that is designed to deactivate, delete, disable, interfere with, or otherwise harm or disrupt the Services or that in any way affects the use, enjoyment, or service of the Services, the For Eyes system, or any user’s mobile device, computer, or other medium used to access the Services or the For Eyes information technology systems; (c) modify the information, including headers, found on the Services; (d) install, transmit, upload or otherwise transfer to the Services any unauthorized advertisement or communication; (e) engage in any action that For Eyes determines in its sole discretion is detrimental to the use and enjoyment of the Services or the For Eyes information technology systems; or (f) install, post, transmit, upload, or otherwise transfer any information in violation of the laws of the United States. Further, you may not use any hardware or software intended to damage or interfere with the proper functioning of the Services or the For Eyes information technology systems or to intercept any system, data, or personal information from the Services or the For Eyes information technology systems, whether surreptitiously or otherwise without express authorization from For Eyes.
(a) You agree that submission of any Content corrections, documents, error identification, ideas, improvements, modifications, proposals, or suggestions (collectively, the “Feedback”) to For Eyes through its suggestion form, feedback form, wiki, forum, support email, support calls or conference calls, meetings, or similar means is at your own risk and that we have no obligations (including, without limitation, obligations of confidentiality or use) with respect to such Feedback. You hereby grant to For Eyes a perpetual, fully paid, royalty-free, irrevocable, sublicensable, transferable, worldwide, and nonexclusive right and license to adapt, copy, disclose, display, distribute, modify, perform, reformat, use, create derivative works of, and otherwise exploit any and all Feedback for any legally permitted purposes, commercial or otherwise, without acknowledgment or compensation to you. Do not send For Eyes Feedback if you expect to be paid or want to continue to own or claim rights in them.
(b) Further, to the extent any improvements, modifications, or updates to or derivative works of any of the Services are developed by For Eyes based on the joint effort or collaboration between you and For Eyes (collectively, the “Joint Works”), you hereby irrevocably assign, convey, and transfers to For Eyes all of your rights, title, and interest of any nature, in and to any Joint Works together with all copyrights, trade secrets, trademarks (and any goodwill), patents, and all other intellectual property rights in and to any such Joint Works in the United States and all other countries and jurisdictions of the world, including, without limitation, all exclusive rights granted to an author or owner under the copyright laws of the United States, foreign countries and international copyright conventions, all ancillary rights arising therefrom, all other rights of any nature and in any media, whether now known or hereafter devised, throughout the world, and the right to sue and recover for any past infringement of any such rights.
Responsibility for Submissions.
(a) To the extent that we allow submissions on or through the Website, you acknowledge that you are responsible for any material you may submit via the Website, including the copyright, legality, reliability, appropriateness, and originality of any such material.
Right to Remove Material, Disable Features, and Suspend Access.
Hyperlinks and Third-Party Websites
The Licensed Materials may contain hyperlinks to other websites and may include content of third parties (collectively, “Third-Party Content”). The Third-Party Content is provided as a convenience to you and the hyperlinks are provided as an additional avenue of access to the information contained on such websites. For Eyes does not control, does not adopt, and is not responsible for the information or materials in the Third-Party Content or of any other websites or any products or services that may be offered through those or any other websites and does not endorse such content, goods, or services. For Eyes can make no guarantee as to the accuracy or completeness of Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. Your use of Third-Party Content is at your own risk.
For Eyes has no control over third-party websites and makes no claim or representation regarding such websites. For Eyes accepts no responsibility for the content, nature, reliability, or quality of any websites accessible by hyperlink from the Licensed Materials. Different terms and conditions may apply to your use of any linked sites. For example, For Eyes may include a link for you to connect with us on Facebook or to follow us on Twitter; each of these companies has its own terms and conditions which you may be required to accept and follow. For Eyes is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites. You should refer to such websites’ respective privacy policies and terms and conditions. Your use of third-party websites is at your own risk.
Intellectual Property Infringement.
Notification of Copyright Infringement.
For Eyes respects the intellectual property rights of others and requests that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify For Eyes through one of the avenues identified in Section 2 (How to Contact For Eyes) with attention to Copyright Agent. To be effective, your notification must be in writing, include your contact information, be provided to our copyright agent, and include: (a) the signature of a person authorized to act on the copyright owner’s behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing, including references to the location of the material on the Services; and (d) comply with all other requirements of the Digital Millennium Copyright Act, if any.
Notification of Other Intellectual Property Infringement.
No Duty to Validate Claim.
For Eyes undertakes no duty to determine the validity of any claim of copyright, patent, or trademark infringement or any other infringement of intellectual property rights. For Eyes reserves the right to remove any and all content from the Licensed Materials without any notice to you.
Disclaimer of Warranties.
(a)Use of Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE LICENSED MATERIALS IS AT YOUR SOLE RISK AND THE LICENSED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FOR EYES PARTIES (INCLUDING ANY PREDECESSORS IN INTEREST) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY OTHER LICENSED MATERIALS, WHETHER PROVIDED OR OWNED BY FOR EYES OR BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE.
(b)Operation of Services.
THE FOR EYES PARTIES (INCLUDING ANY PREDECESSORS IN INTEREST) MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (i) THE LICENSED MATERIALS WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THAT THE LICENSED MATERIALS WILL BE SECURE; (iii) ANY ERRORS IN THE LICENSED MATERIALS WILL BE CORRECTED; OR (iv) THAT YOUR USE OF THE LICENSED MATERIALS WILL NOT RESULT IN THE LOSS OF, OR DAMAGE TO, YOUR INFORMATION, INFORMATION TECHNOLOGY NETWORK, DEVICES, OR ANY OTHER EQUIPMENT YOU USE TO ACCESS THE LICENSED MATERIALS. THE WEBSITE AND THE DELIVERY OF OTHER LICENSED MATERIALS MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. THE FOR EYES PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE YOUR PRESCRIPTION RECORDS OR OTHER INFORMATION THROUGH THE WEBSITE OR ANY MOBILE APPLICATION.
(c)Access Outside of the United States.
While we recognize that it is possible for you to obtain access to the Licensed Materials from any jurisdiction in the world, and we have no practical ability to prevent such access, we provide the Licensed Materials for use only by persons physically located within the United States. We make no representation that products, services, or material described in the Licensed Materials are appropriate or available for use in locations outside the United States. Those who choose to access the Licensed Materials from other locations do so on their own initiative and are responsible for compliance with local laws. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. For purposes of this Section, a reference to the United States includes Puerto Rico and any other U.S. territories where For Eyes has a retail location.
No Warranties Created.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FOR EYES PARTIES OR THROUGH OR FROM THE LICENSED MATERIALS WILL CREATE ANY WARRANTY OF ANY KIND. EACH OF THE FOR EYES PARTIES DISCLAIMS ANY AND ALL LABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE LICENSED MATERIALS.
Impact of Jurisdiction and Relief.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT OR MAY LIMIT THE DISCLAIMER OF WARRANTIES, SO THE DISCLAIMERS SET FORTH IN THIS SECTION 10 MAY NOT APPLY TO YOU AND MAY BE LIMITED IN ITS APPLICATION. Termination of your access or use of the Licensed Materials will not waive or affect any other right or relief to which For Eyes may be entitled at law or in equity. Nothing in this Section 10.3 will be interpreted to limit or waive either party’s rights and obligations under Section 12 (Dispute Resolution).
Limitation of Liability.
Cap on Liability.
BASIS OF THE BARGAIN.
Agreement to Arbitrate.
Arbitration Process and Fees.
(a) A party hereto who intends to seek arbitration must first send to the other party hereto, by certified mail, a written Notice of Dispute (“Notice”). The Notice must include (i) the party’s name, address where the party can be reached, telephone number where the party can be reached, and, if available, an e-mail address where the party can be reached or, if being submitted by an authorized representative, the representative must provide such individual’s contact information and the nature of the relationship to the For Eyes customer, if applicable; (ii) if applicable, the address of the retail For Eyes location where you purchased your goods or services or, if purchased online, your account username; (iii) if applicable, the date or approximate date of the purchase; (iv) describe the nature and basis of the claim or dispute; (v) provide supporting documentation for the claim or dispute; and (vi) briefly describe the specific relief desired, including the amount of money believed to be owed (if any) or the non-monetary outcome desired (if any) (the “Demand”).
(b) You must provide For Eyes with the Notice by certified mail at the mailing address identified in Section 2 (How to Contact For Eyes) (“Notice Address”) and, if you would like, with a copy by e-mail.
(d) After For Eyes receives a copy of the Arbitration Form at the Notice Address and confirms that you successfully filed the Arbitration Form with the AAA, For Eyes will reimburse you for your payment of the filing fee, unless your claim is for greater than $35,000. If you are unable to pay the AAA arbitration filing fee due to a financial hardship, For Eyes will pay it directly to the AAA upon receiving a written request from you, by certified mail, at the Notice Address. If you initiate an arbitration in which you seek more than $35,000 in damages, the payment of the Arbitration Fees will be governed by the AAA Rules.
(e) Unless For Eyes and you agree otherwise, any arbitration hearings will take place in the county (or parish) of the address you provided in your Demand. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Attendance at an in-person hearing may be made by telephone by you or For Eyes or both, unless the arbitrator requires otherwise.
Arbitration Rules and Decision.
(b) Except as otherwise provided for in this Section 12, For Eyes will pay all AAA filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) for any arbitration initiated in accordance with all of the notice requirements set forth in Section 12.3 (Arbitration Process). If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such Arbitration Fees will be governed by the AAA Rules. In such case, you agree to reimburse For Eyes for all monies previously disbursed by For Eyes that are otherwise your obligation to pay under the AAA Rules.
(c) The arbitrator’s award will set forth the grounds for the decision, findings of fact and conclusions of law, in reasonably specific detail. The arbitrator’s award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Settlement, Award, and Attorneys’ Fees.
(a) During the arbitration, the amount of any settlement offer, if any, made by For Eyes or you will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
(b) If the dispute is finally resolved through arbitration in your favor on the merits of your claim and the arbitrator issues you an award that is more than 10% greater than the value of the last written settlement offer made by For Eyes before an arbitrator was selected, then For Eyes will: (i) pay you the greater of the amount awarded by the arbitrator or $5,000 (“Alternative Payment”); and (ii) pay your attorney, if any, the amount of attorneys’ fees that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. If For Eyes did not make a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and your attorney will be entitled to receive 1.15 times the total amount of attorneys’ fees that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration, if the arbitrator awards you any relief on the merits.
(c) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 30 days of the arbitrator’s ruling on the merits.
(d) The right to attorneys’ fees and expenses as set forth in this Section 12.5 supplements any right to attorneys’ fees and expenses you may have under applicable law. Accordingly, if you would be entitled to a greater amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount, provided that you may not recover duplicative awards of attorneys’ fees or costs. For Eyes reserves the right to seek an award of attorneys’ fees and expenses if For Eyes prevails in the arbitration.
Waiver of Class Rights.
THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and For Eyes agree in writing otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the terms of this Section 12.7 are found to be unenforceable, then the entirety of the arbitration terms as set forth above in this Section 12 will be null and void, including, without limitation, Section 12.5 (Settlement, Award, and Attorneys’ Fees).
Rejection and Changes.
The parties hereto will preserve the confidentiality of all aspects of the arbitration, and will not disclose to a third party any information made known or documents produced in the arbitration not otherwise in the public domain, any evidence or materials created for the purpose of the arbitration, or any awards arising from the arbitration, (a) except, and only to the extent that, disclosure is required by law or regulation, is required to protect or pursue a legal right, or is required to enforce or challenge an award in legal proceedings before a court or other competent judicial authority; and (b) except that (i) For Eyes may disclose to its parent companies, subsidiaries, affiliates, and its and their directors, officers, shareholders, employees, agents, predecessors in interest, assigns, and successors-in-interest; and (ii) you may disclose to your significant other, immediate family members, legal counsel, and tax advisors, provided that any such disclosure is on a need-to-know basis, you inform such individuals of the confidential nature of such information and they agree to keep such information confidential, and, except with respect to your legal counsel, you do not provide these individuals with any documents, evidence, or other materials received in connection with or created for the purpose of the arbitration.
For Eyes will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, materials, changes in regulations, denial of service attacks, or information technology issues.
You acknowledge and agree that products, services, or technology provided by For Eyes may be subject to the export control laws and regulations of the United States. To the extent applicable, you will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer For Eyes products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. In particular, but without limitation, the Licensed Materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. You also will not use the Website or the other Licensed Materials for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.