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  2. Terms of use

Last updated: July 13, 2025

Welcome to opticalgalleryny.com (the "Site"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and Optical Gallery NY ("Optical Gallery," "we," "our," or "us"), governing your access to and use of the Site, our in‑store services, and any related mobile applications, online marketplaces, social media pages, or other digital properties (collectively, the "Services").

Please read these Terms carefully before accessing or using the Services. By visiting the Site, creating an account, making a purchase, booking an appointment, or otherwise using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional guidelines, policies, or rules posted on the Site (including our Privacy Policy). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

Note: These Terms include a mandatory arbitration clause and class‑action waiver in Section 16.
They also contain limitations of liability and disclaimers that may affect your legal rights.

1. Eligibility and User Representations

  1. You must be at least 18 years old (or the age of majority in your jurisdiction) and possess the legal capacity to enter into these Terms.

  2. By using the Services, you represent and warrant that:

    • All information you provide is accurate, complete, and kept up to date;

    • You will maintain the security of your account credentials; and

    • Your use of the Services does not violate applicable laws or regulations.

If you are accessing the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" will refer to both you personally and the entity.

2. Changes to Terms

We may modify these Terms at any time. We will post the updated version and revise the "Last updated" date above. Material changes will be announced via the Site or by email (if you have an account). Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes.

3. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and safeguard your information. By using our Services, you consent to the data practices described therein.

4. Intellectual Property

  1. Ownership. The Services—including all text, graphics, images, logos, designs, software, and other content—are owned or licensed by Optical Gallery and are protected by U.S. and international copyright, trademark, and other intellectual‑property laws.

  2. Limited License. Subject to these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Services for personal, non‑commercial purposes. No rights are granted except as expressly provided herein.

  3. Restrictions. You may not: (a) copy, distribute, modify, or create derivative works; (b) reverse engineer or attempt to extract the source code; (c) remove proprietary notices; (d) use any data‑mining, robots, or similar extraction tools; (e) frame or mirror any part of the Services; or (f) use Optical Gallery trademarks without prior written consent.

5. Product and Service Terms

5.1 Prescription Eyewear & Medical Information

  • You represent that any prescription information you provide is valid, issued by a licensed eye‑care professional, and not expired.

  • We may verify your prescription with your prescribing practitioner as required by the U.S. Fairness to Contact Lens Consumers Act (FCLCA) and Federal Trade Commission (FTC) rules.

  • Optical Gallery does not offer medical advice on the Site. Consult a licensed optometrist or ophthalmologist for eye‑care advice.

5.2 Pricing and Availability

  • All prices are listed in U.S. dollars and are subject to change without notice.

  • Products may be limited in quantity or discontinued. We reserve the right to refuse or cancel any order for any reason, including errors in pricing or availability.

5.3 Payments

  • We accept major credit cards, Apple Pay, insurance benefits, and other payment methods listed at checkout.

  • Payments are processed by third‑party providers. We are not liable for their acts or omissions.

5.4 Shipping & Risk of Loss

  • Title and risk of loss transfer to you upon delivery of the goods to the carrier.

  • Estimated shipping times are not guarantees.

5.5 Returns & Warranty

  • Our Return & Warranty Policy describes eligible returns, exchanges, and warranty claims.

  • Certain items (e.g., custom prescription lenses) may be non‑returnable.

5.6 Promotions & Coupons

  • Promotions are subject to additional terms. We may suspend or terminate promotions at any time.

6. User Accounts

  1. You may need an account to access certain features (e.g., order history, appointment scheduling).

  2. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

  3. Notify us immediately of unauthorized use. We reserve the right to disable or terminate accounts for any reason.

7. Prohibited Conduct

You agree not to:

  1. Use the Services for any unlawful, fraudulent, or harmful purpose;

  2. Transmit viruses, malware, or other destructive code;

  3. Interfere with the security or functionality of the Services;

  4. Bypass or circumvent measures designed to protect the Services;

  5. Harvest or scrape data without permission;

  6. Impersonate another person or entity; or

  7. Violate any applicable laws or regulations.

8. Medical Disclaimer

The content on the Site is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified eye‑care professional regarding any vision or health condition. Never disregard medical advice or delay seeking it because of information obtained through the Services.

9. Third‑Party Links & Tools

The Services may link to third‑party websites or provide access to third‑party tools or services. Optical Gallery does not control and is not responsible for these third parties. Your use of third‑party sites and tools is at your own risk and subject to their applicable terms and policies.

10. Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error‑free, secure, or free of viruses, or that any defects will be corrected.

Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OPTICAL GALLERY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, REVENUE, DATA, OR USE) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OPTICAL GALLERY'S TOTAL LIABILITY EXCEED (A) THE AMOUNT YOU PAID TO OPTICAL GALLERY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages; therefore, some of the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Optical Gallery and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  1. Your breach of these Terms;

  2. Your misuse of the Services; or

  3. Your violation of any law or the rights of a third party.

13. Governing Law

These Terms and any dispute arising out of or relating thereto are governed by the laws of the State of New York, without regard to its conflict‑of‑laws principles, and by any applicable U.S. federal laws.

14. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES AND WAIVES CLASS ACTIONS.

  1. Informal Resolution. Before filing a claim against Optical Gallery, you agree to attempt to resolve the dispute informally by emailing legal@opticalgalleryny.com with a description of your claim. We will attempt to resolve the dispute within 30 days of receipt.

  2. Arbitration. If the dispute is not resolved, it shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration will take place in New York County, New York, unless you and Optical Gallery agree otherwise.

  3. Class‑Action Waiver. Proceedings may be conducted only on an individual basis. Neither party may seek to have any dispute heard as a class action or other representative proceeding.

  4. Exceptions. Either party may seek relief in small‑claims court for disputes within its jurisdiction or pursue injunctive relief in court for infringement of intellectual‑property rights.

15. Termination

We reserve the right to suspend or terminate your access to the Services at any time, without notice, for any reason, including violation of these Terms. Upon termination, Sections 4, 8–16, and any other provisions intended to survive termination will remain in effect.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be interpreted to fulfill its intended purpose to the greatest extent permitted by law.

17. Entire Agreement

These Terms, together with any policies or guidelines posted on the Site (including the Privacy Policy), constitute the entire agreement between you and Optical Gallery regarding the Services and supersede prior agreements and understandings.

18. Contact Us

For questions or concerns about these Terms or the Services, please contact us:

Thank you for choosing Optical Gallery NY. We appreciate your business and strive to provide exceptional eyewear and eye‑care services.