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Arbitration Clause of Optical123.com®

BY CLICKING "SUBMIT" to order means YOU AGREE WITH THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT is SIGNED ELECTRONICALLY AND THAT SUCH ELECTRONIC SIGNATURE SHALL CONSTITUTE AN ORIGINAL VALID SIGNATURE. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOU AGREE THAT BY USING THE SERVICE, INCLUDING ORDERING GLASSES FROM the website, 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.

BINDING AGREEMENT: By using this Internet website of www.optical123.com (through this “Site”), ordering your glasses, 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 Inc., (optical123.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 GLASSES, 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.

  • · PRIVACY POLICY: Optical123 respects your privacy and permits you to control the treatment of your personal information. A complete statement of Optical123’s current privacy policy can be found by clicking here. The privacy policy is expressly incorporated into this Agreement.
  • · USE OF ORDER FORMS: Optical123 provides order forms to you from the Site. These forms and use of the website are deemed to be licensed to you by Optical123, 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 Inc. IS NOT RESPONSIBLE FOR THE FOLLOWING. You agree that Optical123 Inc. 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; (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 Inc. to provide Service hereunder.
  • · CONTENTS IN ORDER FROM: You grant Optical123 Inc. 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.
  • · ALLEGED VIOLATIONS: Optical123 Inc. reserves the right to terminate your use of the Service and/or the Site. To ensure that Optical123 Inc. provides a high quality experience for you and for other users of the Site and the Service, you agree that Optical123 Inc. or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Optical123 Inc. does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Optical123 Inc. reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Optical123 Inc. believes that you have violated any of the Terms of Use, furnished Optical123 Inc. with false or misleading information, or interfered with the use of the Site or the Service by others.
  • · NO WARRANTIES. EXCEPT THE SPECIFIC WARRANTIES MADE BY OPTICAL123. INC. IN THIS AGREEMENT, OPTICAL123 INC. 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 INC. 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 INC’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OPTICAL123 INC. 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.
  • · 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.
  • INDEMNITY: You agree to indemnify, defend, and hold harmless Optical123 Inc., its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or any other user of your account. Optical123 Inc. will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  • · COPYRIGHT: All contents of Site or Service are: Copyright © Optical123 Inc. All rights reserved.
  • · GOVERNING LAW: These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the State courts in San Mateo County or Federal courts in San Mateo, California and in all disputes arising out of or related to the use of the Site or Service.
  • · SEVERABILITY; WAIVER: For whatever reason, if a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  • · U.S.A. BASED SITE. The Site is controlled and operated by Optical123 Inc. in its office located in California. Optical123 Inc. 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. Inc.’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.
  • · MODIFICATIONS: Optical123 Inc. may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site, Products offered and/or the Service; and (c) discontinue the Site, products offered and/or Service at any time.
  • · I, as a Customer of Optical123.com and Optical123 Inc., 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.
  • · ACKNOWLEDGEMENT: BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
  • · OTHER TERMS: From time to time and at its sole discretion, Optical123 Inc. will post a notice on the Site any time indicating that these Terms of Use have been changed or otherwise updated. It is Customer’s responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

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