Throughout these Terms, “you” or “your” shall refer to any person or entity accessing or using the Site or the Services or downloading, accessing, or using any Apps, and, unless otherwise stated, “we,” “our” or “us” will refer collectively to Sight Supply and Sight Supply’s subsidiaries, affiliates, directors, officers, members, employees, agents, and contractors.
We (i) offer, accept orders for, sell, process financial transactions related to, fulfill orders for, and offer refunds for (in accordance with our Refund Policy) various products that you may order, purchase, or return (in accordance with our Refund Policy) using the Site or Apps, and (ii) provide users with vision testing through the services of a third party, Opternative Inc., and one or more Providers (as defined below) engaged by Opternative Inc. All such activities, the Site, the Apps, your access or use of the Site, and/or your download, access, or use of any Apps, each constitute “Services” for purposes of these Terms.
If you are accessing or using the Services on behalf of an entity, you represent and warrant that you have the right, authority, and capacity to enter into legally binding agreements on behalf of such entity, and you agree that any agreement under these Terms constitutes an agreement in your individual capacity and an agreement on behalf of such entity.
These Terms may change from time to time. If we change these Terms, we will update the “Last modified” date above and provide a notice about the update on applicable Apps. Continued use of the Services after the effective date of a change to these Terms will be deemed to be your agreement to those changes.
1 Access and Use of the Services.
1.1 Users Under 18 Years Old. We do not permit use of the Services by users under 13 years old. By using the Service, or registering for an Account, you warrant to us that you are at least 18 years old or, if you are under the 18 years old, you and your parent or legal guardian each warrant to us that you are at least 13 years old and have obtained your parent or guardian’s permission to use the Services or register for an Account and that you both assent to these Terms.
1.3 Changes to These Terms. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us, and/or by prominently posting notice of the changes on the Site or Apps. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site or Apps (including, by updating the “Last modified” date listed above). These changes will be effective immediately for new users who access or use the Services. Your continued access or use of the Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
1.5 Questions or Concerns About Health Conditions. If you have any questions or concerns about your health or any medical condition, contact your physician, other qualified healthcare professional, or call 911 if you feel that you are having a health emergency. IF YOU HAVE ANY PAIN OR DISCOMFORT OF THE EYES; RED OR SWOLLEN EYES; BLURRED OR DECREASED VISION; ITCHY, WATERY, OR DRY EYES; SUSPECTED ALLERGIC REACTION; INFECTION; BLINDNESS; OR VISION CHANGE, SAFELY REMOVE ANY LENSES THAT YOU PURCHASED USING THE SERVICES AND CONSULT WITH YOUR EYE DOCTOR OR OTHER HEALTHCARE PROFESSIONAL.
1.6 Access; Equipment. If you access or use the Services from a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. You are responsible for maintaining and obtaining the device(s) and data network access necessary to access or use the Services. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware, software, or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet, wireless, and electronic communications.
1.7 Reselling. You agree not to resell any products that you purchase using the Services, unless we provide our express written permission for such reselling activities.
1.8 Security Policy. Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
2. Memberships; Accounts; Vision Testing; Products.
2.1 Sight Supply Membership. We are changing the way contact lenses are ordered, purchased, and delivered by offering a subscription service to meet your contact lenses needs. By signing up for one of our subscription options (each, a “Sight Supply Membership”), you will be able to purchase contact lenses directly from us. Contact lenses are automatically shipped and billed on a monthly schedule, unless we agree to an alternative schedule. You may cancel your Sight Supply Membership at any time at no cost to you (other than the Sight Supply Membership fees already paid or owed prior to such cancellation). If you sign up for a Sight Supply Membership, you may also use the Services for vision testing (as described further below) at no additional cost.
We offer only Sight Supply brand lenses through the Services and only to users who have an active Sight Supply Membership (each, a “Member”), but Members might be able to use their lens prescriptions to purchase other lens brands from different vendors if those brands can be substituted under the lens prescription in accordance with applicable laws. Members should check with their Provider(s) or with the different vendors if Members have any questions about such substitutions.
Sight Supply uses a first in, first out inventory management system to ensure that all lenses shipped are at least three months from the expiration date. In accordance with the relevant regulations, we do not ship expired products.
2.3 Vision Testing. Our goal is to provide a simple and affordable way to purchase contact lenses. In pursuit of that goal, Members can use the Services for vision testing (www.rx.sightsupply.com) offered through the services of a third party, Opternative Inc. Such vision testing is available at no additional cost to Members, and it can usually be used to obtain a new lens prescription or a lens prescription renewal. We say “usually” because (i) the vision testing results might be inconclusive and/or require an in-person eye/vision evaluation; or (ii) Provider(s) who interpret the vision testing results (as described below) might not feel that the results necessitate a lens prescription.
If you use the Services for visions testing, the third party that provides such vision testing (Opternative Inc.) will provide your vision testing results to one or more third-party Providers, and such Provider(s) will interpret your vision testing results. Opternative Inc. will then provide us with certain information about such Provider(s) and your vision testing results, including a copy of your lens prescription if the Provider(s) write one. Such lens prescription will be available for access or download on the Site or applicable Apps for as long as you have a Sight Supply Membership.
The vision testing available to Members using the Services is available only as a convenience. Members have no obligation to purchase products that we offer through the Services and Members can cancel their Sight Supply Membership any time. A Member will receive a copy of any lens prescription that is written as a result of the vision testing even if the Member does not purchase any products through the Services. We do, however, ship Sight Supply brand lenses that meet the lens prescription requirements when the lens prescription is provided to us by Opternative Inc. If a Member does not want the lens prescription filled with Sight Supply brand lenses, please let us know.
2.4 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you create an Account for a minor or other individual, you represent and warrant that you have the legal right, authority, and capacity to do so.
If you are accessing the Services as an Authorized Individual or Provider, you acknowledge and agree that your use of the Services is under the Account of and for the benefit of the registered user, and you agree to comply with these Terms in connection with your use of the Services on behalf of such user.
2.6 Accuracy of Information Provided by You, Your Authorized Individuals, or Providers. You understand that information provided by you, your Authorized Individuals, or your Providers may be used to provide the Services, and you represent and warrant that such information is truthful, accurate, and complete. You agree that we may rely on any such information without any obligation to independently verify the truthfulness, accuracy, or completeness of such information.
3. Accessing the Services.
3.1 License. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Services solely for your own personal, noncommercial use.
3.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed via the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access or use the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to the Services shall be subject to these Terms.
3.3 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
3.4 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
3.5 Ownership. Excluding any User Content (defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and all content appearing on the Services are owned by us or third parties with which we work. Neither these Terms (nor your access or use of the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. We reserve all rights not granted in these Terms and you acknowledge and agree that there are no implied licenses granted to you under these Terms.
4. User Content.
4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice or liability. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
4.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of using and displaying your User Content via the Services, or using such User Content in connection with the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
4.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, or patently offensive, or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that contains video, photographs, audio, or images of another person without his or her permission (or in the case of a minor, the parent or guardian of that individual); (v) that impersonates, “spoofs” or otherwise misrepresents affiliation, connection, or association with, any person, entity or another person or entity’s contact information; or (vi) that is in violation of any law, regulation, obligations, or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vii) use software or automated agents or scripts to produce multiple accounts or Sight Supply Memberships on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
4.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account or Sight Supply Membership in accordance with Section 11, and/or reporting you to law enforcement authorities.
4.5 Feedback. If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
5.2 Sales Tax. Depending on your state or territory, sales tax may be assessed at the time of any purchase. If we are not required to do so, we will not collect sales or use tax for your state or territory. Purchases in your state may be subject to sales or use tax and your purchase may not be exempt merely because such purchase is made over the internet, by phone, or by other remote means. Your state or territory may require that you report all purchases that were not taxed and pay tax on those purchases. You agree to pay all applicable taxes and fees. See your state or territory’s department of revenue or taxation website for appropriate forms and instructions.
6. Refund Policy.
We offer a 30-Day Satisfaction Guarantee on any products that you purchase using the Services in certain circumstances. If you are unhappy with a product that you purchased using the Services during the prior 30-days, you can keep such product and we will refund you the purchase price for such product and cancel your Sight Supply Membership. If a product that you purchased using the Services is defective, we will send a replacement product promptly after you notify us of the defect. We reserve the right to deny refunds or replacements if you request a refund more than once in any twelve (12) month period or request a replacement more than once in a twelve (12) month period without supporting documentation of the applicable defects.
To the maximum extent permitted by law, you agree to indemnify and hold us (and our officers, employees, agents, successors, and assigns), our third-party service providers, and the manufacturer of any products that you purchase using the Services, harmless, including costs and attorneys’ fees, from any claim or demand made by you, your Authorized Individuals, your Providers, or any third party due to or arising out of (a) your use of the Services, including (i) your use of any products you purchased using the Services, (ii) your use of the vision testing services available on the Services, (iii) your Sight Supply Membership, (iv) any Third-Party Links & Ads (as defined below), and (v) any interactions with, or act or omission of, other users or third parties that we do not control; (b) any information that you, your Authorized Individuals, Providers, or third parties provide through the Services; (c) your violation of these Terms; (d) your violation of applicable laws or regulations; or (e) your User Content (collectively, “Claims”). We reserve the right, at your expense, to assume the exclusive defense and control of any Claims for which you are required to indemnify us, and you agree to cooperate with our defense of such Claims. You agree not to settle any Claims without our prior written consent. We will use reasonable efforts to notify you of any Claim upon becoming aware of it.
8. Third-Party Links & Ads; Other Users.
8.1 Third-Party Links & Ads. The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under our control, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should use caution in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
8.2 Other Users. Each user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
8.3 Release. To the maximum extent permitted by law, you hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns), our third-party service providers, and the manufacturer of any products that you purchase using the Services from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR THIRD-PARTY SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR THIRD-PARTY SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE SERVICES (INCLUDING ANY PRODUCTS SOLD ON THE SERVICES, AND THE VISION TESTING) WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Limitation on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (or our officers, employees, agents, successors, and assigns), our third-party service providers, or the manufacturer of any products that you purchase using the Services, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CLAIMS (AS DEFINED IN SECTION 7) OR OTHER DAMAGES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR THIRD-PARTY SERVICE PROVIDERS AND THE MANUFACTURER OF ANY PRODUCTS THAT YOU PURCHASE USING THE SERVICES WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Term and Termination.
12. Copyright Policy.
We respect the intellectual property of others and asks that users the Services do the same. In connection with the Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that any user is, through the use of the Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for us is:
Designated Agent: Anthony Travieso
Address of Agent: 2222 Ponce de Leon Blvd, 4th Floor, Coral Gables FL 33134, USA
Telephone: (855) 205-8070
13. Arbitration Agreement.
Please read this Arbitration Agreement carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
13.1 Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any Services or product you purchase using the Services that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and to us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
13.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 2222 Ponce de Leon Blvd, 4th Floor, Coral Gables, FL 33134. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If you and we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
13.3 Arbitration Rules. The parties shall agree on an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section 13. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, this Section 13.3 shall not limit, alter, or in any way impact Section 7-10 above.
13.4 Time Limit.If you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).
13.5 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
13.6 Waiver of Jury Trial.THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
13.7 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINtLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
13.8 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
13.9 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
13.10 Right to Waive.Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
13.11 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
13.12 Small Claims Court.Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
13.13 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
13.14 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
13.15 Courts.In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida, USA, for such purpose.
14.1 International Use. The Services are intended only for users in the United States. If you choose to use or access the Services from outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with local laws. We reserve the right to refuse to provide Services to you, including vision testing or providing products, if you are located outside of the United States.
14.2 Disclosures. We are located at the address in Section 14.6. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
14.3 Electronic Communications. The communications between you and us use electronic means, whether you use the Services or send us emails, or whether we post notices through the Services or on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
14.4 Entire Terms. These Terms and the documents incorporated herein constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees. No rule of strict construction shall apply to these Terms or to the interpretation of these Terms.
14.5 Copyright/Trademark Information. Copyright © 2018 Sight Supply, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
14.6 Contact Information:If you have any questions, concerns, or feedback, please contact us at:
Sight Supply, Inc.
2222 Ponce de Leon Blvd.
Coral Gables, FL 33134, USA