Arbitration Clause of Optical123.com®
BINDING AGREEMENT: By using this Internet website of www.optical123.com (through this “Site”), ordering your eyeglasses, or any services provided in connection with the Site (the “Service”), you agree to abide by the Terms and Conditions, as they may be amended by Optiical123.com from time to time in its sole discretion. If at any time you find these Terms unacceptable, you must immediately leave the Site and stop using the Service and the Site. YOU AGREE THAT BY USING THE SERVICE, INCLUDING ORDERING EYEGLASSES, YOU AGREE TO SETTLE ALL DISPUTES BY ARBITRATION IN CALIFORNIA, AND YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
USE OF ORDER FORMS: Optical123.com provides order forms to you from the Site. These forms and use of the website are deemed to be licensed to you by Optical123.com, for your personal use only and for the limited purpose of placing an order with Optical123.com for eyeglasses. All photos, graphics, drawings, text, descriptions, calculations, trademarks and logos are owned by Optical123.com or its licensors and you may not copy or use them in any manner.
Optical123.com IS NOT RESPONSIBLE FOR THE FOLLOWING. You agree that Optical123.com shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure to deliver, failure in performance or interruption of service, resulting directly or indirectly from: (a) acts of God, acts of any governmental agency, natural disasters, acts of war, insurrection or terrorism, strikes or lockouts, unauthorized network or computer intrusion, Internet- or computer-related viruses, hacker attacks or other agents introduced by a third party, failure of the Internet, or any other conditions beyond the control of Optical123.com; (b) any technical requirement for which Customer is responsible; (c) any intentional acts or omission of Customer; or (d) any failure of any third-party service necessary for Optical123.com to provide Service hereunder.
CONTENTS IN ORDER FROM: You grant Optical123.com to use your personal information (name, address, credit card information and similar information) and your prescription information (optical information for your order) that you post to the Site or Service. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post or distribute it and that the Content is accurate.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others and you may not post to this site or its forms any other information, or trademarks, not owned by you.
NO WARRANTIES. EXCEPT THE SPECIFIC WARRANTIES MADE BY OPTICAL123.com. IN THIS AGREEMENT, OPTICAL123.com MAKES THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CUSTOMER ASSUMES THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE THE SITE, OUR PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTICAL123.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OPTICAL123.com’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OPTICAL123.com BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY OPTICAL123.com.
PROHIBITED USES: The site is for input of your personal and prescription information only. You are prohibited from violating or attempting to violate any security features of the Site or Service.
COPYRIGHT: All contents of Site or Service are: Copyright © Optical123.com All rights reserved.
U.S.A. BASED SITE. The Site is controlled and operated by Optical123.com in its office located in California. Optical123.com makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Optical123.com’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than the U.S.A.
ATTORNEY FEES: In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of this agreement, the prevailing party shall be entitled to recovering reasonable attorney fees and costs of suit or other proceeding.
I, as a Customer of Optical123.com, hereby submit to arbitration administered by The American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, in San Mateo, California, any claim, controversy, or disagreement regarding the use of this website, orders, processing, fulfillment, products or their use, or any other issues arising out of this Agreement. We further agree that the above controversy may be submitted to an Arbitrator selected from the panels of arbitrators of The AAA. We further agree that we will faithfully observe this agreement and the Rules and that we will abide by and perform any award rendered by the arbitrator(s) and that judgment of the court having jurisdiction may be entered upon the award. We agree that the award may be reviewable by the courts of San Mateo, California if the arbitrator, in the opinion of any party hereto, has failed to observe the rules and laws of the State of California and perform any reward rendered by the arbitrator(s) and that a judgment of the court having jurisdiction may be entered upon the award.
Notwithstanding this Agreement to arbitrate, if either party needs to obtain any form of Equitable Relief such as an injunction to protect any of its Intellectual Property or enforce Trade Secrets, such party may file action in Court at San Mateo.