Effective Date: March 17, 2026
These Terms of Service, including any documents expressly incorporated herein (collectively, these “Terms” or “Terms of Service”) constitute a legal agreement between Now Optics, LLC d/b/a Stanton Optical and all direct and indirect subsidiaries and affiliates (collectively, “Now Optics,” “we,” “our,” or “us”) and you, that governs your access to, and use of, our websites located at www.stantonoptical.com, www.nowoptics.com, and www.physicianseyecaregroup.com, and any related websites, embeddable widgets, downloadable software, and other services provided by us on which a link to these Terms of Service is provided (collectively, our “Service”). These Terms are a legally binding contract between you and us regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, OR CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU MUST NOT ACCESS OR USE THE SERVICE.
To the extent that these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH US ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
The Service is offered and available to users who are an Adult and reside in the United States or its territories and possessions. “Adult” means you have reached the legal age of majority where you reside (i.e., 18 in most U.S. states, but this may vary based upon local law) and you are of legal age to form a binding contract with us. By using the Service, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet these requirements, then you must not access or use the Service.
Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (“Additional Terms”), such as rules applicable to particular features or content on the Service. All Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
From time to time, the Service may advertise offers, discounts, contests, or other promotions (collectively, “Promotions”). All Promotions advertised on this Service are void where prohibited and are subject to the posting of any official rules to such Promotions. We may, at our sole discretion, modify, suspend, or terminate any Promotion at any time. Promotions may be subject to eligibility requirements, including age, geographic location, and other criteria as specified in the applicable rules. In the event of any conflict between the terms of the official rules governing a Promotion and the terms of such Promotion as described on the Service, the official rules will control.
We reserve the right to refuse access to the Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We are not responsible if information made available on this Service is not accurate, complete or current. The material on this Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Service is at your own risk.
This Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Service at any time, but we have no obligation to update any information on our Service. You agree that it is your responsibility to monitor changes to our Service.
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
You may not use our Products (as defined below) for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including without limitation copyright laws.
Certain of our products or services (collectively, “Products”) may be available exclusively online through the Service. These Products may have limited quantities and are subject to return or exchange only according to our return policy.
We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that the display of any color on any device you use to access the Service will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Service is void where prohibited.
We do not warrant that the quality of any Products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
All orders are subject to our acceptance or rejection based on Product availability, compliance with these Terms, or any other reason as determined in our sole discretion. The receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. You authorize us or our third-party payment processor to charge all sums for the orders of Products that you make and fees for the Service as described in these Terms or published by us, to the payment method you provide us. If you pay any fees with a credit card, we, or our third-party payment processor, may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You are responsible for all purchases using the payment method you provide. “Payment method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made.
All purchases of our Products must be for your personal use only. By purchasing our Products, you agree not to resell or distribute such Products for any commercial purpose. If we suspect that you are someone who has resold our Products in the past, currently resells our Products, or intends to resell our Products in the future without our authorization, we may, without limitation, restrict sales to you, cancel your past, present or future orders, void any warranties stated herein or on the Products that you ordered, prohibit or restrict Product returns, institute order quantity restrictions, and/or suspend or close your account. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order if we suspect that you are in violation of these Terms.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, e-mail address, or other contact information. To the extent you create an account through this Service, you understand and agree that any account you create, including your username and password, is personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password, and you accept sole responsibility for all activities that occur under your account, username, and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us at info@nowoptics.com. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, Products, and services available via our Service may include materials from third parties.
Third-party links on this Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, Product reviews or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, reproduce, display, publicly perform, publish, distribute, translate, create derivative works of and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit your comments in any manner and for any purpose, including to improve the Service and create other Products.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
a) Text Messages
The Now Optics recurring text message service (the “Text Program”) is owned and operated by Now Optics. These Terms govern your use of the Text Program. Data that may be collected from you as part of the Program will be handled in accordance with the Privacy Policy and any supplemental governing notice provided to you at the time of the collection of your personal data. Except as may be permitted consistent with the Privacy Policy and applicable law, data obtained from you through the Text Program will not be shared with any third parties for their own marketing reasons or purposes.
If you have consented, you will receive text messages to the mobile telephone number you have provided at opt-in or registration with instructions or information regarding the Text Program, about your appointment or prescription, or about our products and services (the “Program”). The text messages you receive will include the types of communications described at opt-in, which may include educational and promotional materials, reminders, greetings, surveys, and may involve interactions with Artificial Intelligence (“AI”) (the “Content”). These text messages may deliver the Content in variety of formats (such as Short Message Service (“SMS”), Multimedia Messaging Service (“MMS”), Rich Communication Service (“RCS”)) and may include a variety of media (such as text, photo, and video).
The number of text messages you receive as part of the Program will vary in frequency, but the text messages will continue on a recurring basis for the length of the Program unless you opt-out prior to the Program completion. You understand and agree to receive these communications regardless of time-of-day restrictions.
By providing your telephone number to Now Optics, you consent to receive texts informational and/or transactional Content (such as appointment reminders and pickup instructions) related to your interactions with Now Optics.
In certain cases, if you provide additional consent (such as via a checkbox, a response to a text message, or initiating a text message with us), you will receive marketing and promotional Content (such as details regarding sales or new products or services) to the mobile telephone number you have provided.
By consenting, you authorize us to deliver or cause to be delivered the Content using automated technology, which may include an automatic telephone dialing system. You are not required to consent to receive the Content as a condition of purchasing any property, goods, or services.
You can opt out of receiving further texts from us by replying “STOP” to any message from us. You understand that you will, however, receive a response from us either confirming receipt of your request or seeking clarification of your request. If you are enrolled in multiple programs from us, replying “STOP” to a text message from that program will discontinue only texts from that program.
For help, you can call (877) 518-5788 or email us at info@nowoptics.com.
There is no fee charged by us for receiving messages, but your mobile service provider’s message and data rates may apply. Please consult your mobile service provider for the terms and conditions under which charges are billed and payable or deducted from your prepaid account.
We cannot guarantee the successful delivery of messages. Factors beyond our control may impact message delivery, including equipment range and functionality, network capacity, terrain, proximity to buildings, foliage, and weather. Neither we nor our or your mobile service carrier will be held liable for delayed or undelivered messages.
Text messages may not be available on all US carriers.
To participate in a Program that is part of our Text Program, you must provide us with a valid mobile phone number. If you change your mobile phone number, you agree to opt out of the Text Program prior to changing your mobile phone number.
By signing up, you represent that you are an authorized or customary user of the mobile phone number, that you are authorized to provide this consent to receive these communications, and that you are at least 18 years of age or have a parent or guardian's permission.
b) Emails
By including your email in any submission, you are extending an express invitation to us to be contacted. For any service, you represent that all of the information you have provided in your submission is true and complete.
c) Voice recording and monitoring consent
You agree and consent that we may record or monitor communications made by you during any calls you make to us as permitted by 18 U.S.C. § 2511 et seq., Cal. Penal Code § 630 et seq., and other state laws that regulate call monitoring and recording. We are under no obligation to monitor or record our services for accuracy, completeness, or quality.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify us immediately of any copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
Your notice must be signed (physically or electronically) and must be addressed as follows:
Attn: DMCA Request
Email: info@nowoptics.com
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
The collection, use, disclosure, and other processing of your personal information through the Services and in store is governed by our Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. By using the Services or sharing personal information with us in the store, you expressly agree to the terms of our Privacy Policy, which is governed by these Terms of Service.
Occasionally there may be information made available on our Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Service or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
THE SERVICE, INCLUDING ALL PRODUCTS, INFORMATION, MATERIALS, AND OTHER CONTENT AVAILABLE THROUGH THE SERVICE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE NOW OPTICS ENTITIES DO NOT WARRANT THAT THE SERVICE, THE PRODUCTS, OR ANY PART OF ANY OF THE FOREGOING, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE WILL BE ACCURATE, UP TO DATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER THE APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE NOW OPTICS ENTITIES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY PRODUCTS OR OTHER CONTENT MADE AVAILABLE ON THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY GENERAL HEALTH INFORMATION ON THIS WEBSITE IS ONLY INTENDED TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR HEALTHCARE PROVIDER. IT IS NOT INTENDED FOR DIAGNOSIS OR AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE. ALL SPECIFIC MEDICAL QUESTIONS SHOULD BE DIRECTED TO A PROFESSIONAL HEALTHCARE PROVIDER.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless us and all of our officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Now Optics Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to, use or misuse of, or alleged use or misuse of the Service or any Products; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms or violate the rights of any third party on or through the Service.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Provisions of these Terms of Service that are intended by their nature to survive termination shall survive, including, without limitation, provisions regarding intellectual property, limitations of liability, disclaimers, indemnification, mandatory arbitration, and governing law.
You can review the most current version of these Terms of Service at any time at this page. Any new features or tools which are added to the current store shall also be subject to these Terms of Service.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Terms of Service. It is your responsibility to check our Service periodically for changes. Your continued use of or access to our Service or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND US TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Florida will govern these Terms, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under these Terms to initiate litigation in a court, you agree that any action arising out of these Terms, or your use of Service, shall be brought in state or federal court in the State of Florida and you consent to the jurisdiction of such courts.
a) Disputes that Must Be Arbitrated
This agreement applies to any “Dispute” between you and Now Optics. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Now Optics that arise out of your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Now Optics’ right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below.
b) Informal Resolution
If you have a Dispute against Now Optics or if Now Optics has a dispute against you, Now Optics will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and Now Optics will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or Now Optics receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms.
You must send any Notice of Dispute by email or via U.S. mail to one of the following addresses:
Now Optics
Attn: Customer Service Department
1615 S Congress Ave Ste. 105
Delray Beach, FL 33445
Phone: (877) 518-5788
Email:
info@nowoptics.com
Now Optics will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any address you have provided Now Optics. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.
The Notice requirement is designed to allow Now Optics (or you, in the case of a dispute Now Optics asserts against you) to make a fair, fact-based offer of settlement if Now Optics or you choose to do so. You and Now Optics cannot proceed to arbitration unless this information has been provided. If you or Now Optics proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.
c) Small-Claims Court
You and Now Optics agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where you live or in Palm Beach County, Florida may be brought as individual actions in such small-claims courts. Now Optics hopes you’ll try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to complete the Informal Resolution process before going to small-claims court.
d) Binding Individual Arbitration
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Now Optics consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.
You and Now Optics agree that Disputes will be settled by binding individual arbitration conducted by the American Arbitration Association (“AAA”) according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to the Consumer Arbitration Rules of the American Arbitration Association, as modified by these Terms. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.
“Arbitration” means that Disputes between you and Now Optics will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
“Individual” means that the arbitrator may award the same remedies to you or to Now Optics as a court could, but only to satisfy your or Now Optics’ individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.
“Binding” means that both you and Now Optics will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
e) Arbitration Procedure and Location
You or Now Optics may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with the AAA in accordance with the Consumer Arbitration Rules of the American Arbitration Association. Instructions for filing a Demand for Arbitration are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879, TTY 711. You will send a copy of any Demand for Arbitration by email or via U.S. mail to the following address:
Now Optics
Attn: Legal Department
1615 S Congress Ave Ste. 105
Delray Beach, FL 33445
Phone: (877) 518-5788
Email:
legal@nowoptics.com
Now Optics will send any Demand for Arbitration to the email address and to any address you have provided Now Optics.
The arbitration will be conducted by a single arbitrator. You and Now Optics both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms.
The arbitrator shall permit Now Optics and You to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted.
For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Palm Beach County, Florida unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and Now Optics agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or Now Optics to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
f) Consumer Arbitration Fees
Payment of all filing, administration, and arbitrator costs and expenses imposed by the AAA will be governed by the Consumer Arbitration Rules.
You and Now Optics agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Applicable law may allow the arbitrator to award attorneys’ fees and costs to the prevailing party.
g) Notice and Filing
To the fullest extent permitted by applicable law, you or Now Optics must start arbitration of a Dispute within one (1) year from when the Dispute first arose. If applicable law requires you or Now Optics to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and Now Optics will not have the right to assert the Dispute.
h) Coordinated Filings
If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” Now Optics will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and the AAA’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to Now Optics, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Now Optics shall not be required to pay any fees associated with cases that this agreement does not allow to be filed.
Once all Notices of Dispute have been provided to Now Optics for Coordinated Cases, counsel for claimants and counsel for Now Optics shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Now Optics do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against Now Optics, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Now Optics.
A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and Now Optics agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Now Optics must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for Now Optics cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for Now Optics will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Palm Beach County, Florida or if federal jurisdiction exists, in the United States District Court for the District of Florida and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Now Optics from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Now Optics reserves the right to contest class certification at any stage of the litigation and on any available basis.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
i) Continuation in Effect
The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and Now Optics.
j) Future Terms Changes
Although Now Optics may revise these dispute resolution terms in its discretion, Now Optics does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant. The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.
k) Class Action Waiver
To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above in Coordinated Filings provision) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Now Optics reserves the right to contest class certification at any stage of the litigation and on any available basis. Accordingly, to the maximum extent permitted by applicable law, you and Now Optics will only bring disputes, claims, or controversies between Now Optics in an individual capacity only and shall not:
l) Severability
If all or any provision of this agreement is found invalid, unenforceable, or illegal, then you and Now Optics agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Now Optics agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.
m) Your 30-Day Right to Opt Out
You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision by email or via U.S. mail to one of the following addresses:
Now Optics
Attn: Legal Department
1615 S Congress Ave Ste. 105
Delray Beach, FL 33445
Phone: (877) 518-5788
Email:
legal@nowoptics.com
Your notice must include your name, mailing address, and email address associated with your account with Now Optics, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms. TO BE EFFECTIVE, THIS NOTICE MUST BE EMAILED, POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that Now Optics receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, Now Optics will not be bound by them with respect to disputes with you.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Service or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Questions about these Terms of Service should be sent to us:
Email:
info@nowoptics.com