FOCAL OPTICAL

Terms of Use

Effective Date: March 18, 2026

Welcome to Focal Optical! These Terms of Use ("Terms") govern your access to and use of the websites, mobile applications, and other online products and services (collectively, the "Services") provided by Wise Eyes LLC, doing business as Focal Optical ("Focal Optical," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Services.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND FOCAL OPTICAL RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 16 ("DISPUTE RESOLUTION AND ARBITRATION") FOR DETAILS.

1. Acceptance of Terms

By accessing, browsing, or using our Services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines incorporated by reference. These Terms constitute a legally binding agreement between you and Wise Eyes LLC. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Changes to These Terms

We reserve the right to update and revise these Terms at any time. We will provide notice of material changes by reasonable means, including by posting the updated Terms on our website and updating the "Effective Date" at the top of this page. Your continued use of the Services after the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

3. Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are under 18, you may only use the Services with the involvement and consent of a parent or legal guardian.

4. Account Registration

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Focal Optical is not liable for any loss or damage arising from your failure to maintain the security of your account.

5. Products and Services

a. Eyeglasses and Sunglasses

Focal Optical sells eyeglasses and sunglasses with prescription or non-prescription lenses. When you order prescription eyewear, you must provide a valid, unexpired prescription issued by a licensed eye care professional. We reserve the right to verify your prescription and to cancel any order where we are unable to verify the prescription or where the prescription does not meet applicable legal requirements.

b. Contact Lenses

Focal Optical sells contact lenses in compliance with the Federal Trade Commission's Contact Lens Rule and applicable state laws. To order contact lenses, you must provide a valid, unexpired contact lens prescription. We will verify your prescription with the prescribing eye care professional before releasing your order, as required by law. We reserve the right to cancel any order for which we cannot obtain verification.

c. Prescription Information

We may retain your prescription on file for a period of time after you place your order and will make that information available to you upon request. By requesting a copy of your prescription via email, you consent to Focal Optical sending your prescription over unencrypted email. Please see Section 8 of these Terms for more information regarding electronic communications.

d. Product Descriptions and Pricing

We strive to provide accurate product descriptions, images, and pricing on our Services. However, we do not warrant that product descriptions, pricing, or other content is accurate, complete, reliable, current, or error-free. If a product offered through the Services is not as described, your sole remedy is to return it in accordance with our Return Policy. We reserve the right to correct any errors in pricing or descriptions and to cancel any orders placed based on inaccurate information.

6. Orders, Payment, and Shipping

When you place an order through the Services, you agree to pay the applicable price plus any shipping charges, taxes, and other fees. All payments must be made through the payment methods we accept at the time of purchase. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity. We will use reasonable efforts to deliver your order in a timely manner, but we are not responsible for delays caused by carriers or circumstances beyond our control.

7. Returns, Exchanges, and Warranties

Our return and exchange policies are described on our website and are incorporated into these Terms by reference. Please review our Return Policy for detailed information about eligibility, timeframes, and procedures. All warranties, if any, are as set forth on our website or as otherwise required by applicable law.

8. Electronic Communications and Privacy

We take your privacy seriously, but the transmission of data over the Internet is not 100% secure. Text messages and emails you send to or receive from Focal Optical may not be encrypted, which means they could be vulnerable to interception by third parties. If you choose to send or receive financial information, health information (including your prescription information), or any other sensitive information by text or email, you do so at your own risk. By texting us or requesting that we text you, you consent to receiving text messages from Focal Optical. Likewise, by emailing us or requesting that we email you, you consent to receiving emails from us. Our collection and use of your personal information is governed by our Privacy Policy, which is available on our website and incorporated into these Terms by reference.

9. Intellectual Property

All content that appears on the Services, including all designs, illustrations, icons, photographs, video clips, written and other materials, as well as the compilation and overall "look and feel" of the Services, is the exclusive property of Wise Eyes LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. All trademarks, service marks, and trade names that appear on the Services (collectively, the "Marks") are proprietary to Focal Optical or the respective owners of such Marks. You may not display, reproduce, distribute, modify, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited.

10. User Content

The Services may allow you to submit reviews, comments, photos, or other content ("User Content"). By submitting User Content, you grant Focal Optical a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business operations. You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate the rights of any third party. We reserve the right to remove any User Content at our sole discretion.

11. Prohibited Conduct

You agree not to:

Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
Interfere with or disrupt the Services or the servers or networks connected to the Services;
Use any data mining, robots, scraping, or similar automated data gathering or extraction methods on the Services;
Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services;
Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature through the Services;
Use the Services to harass, abuse, stalk, threaten, or otherwise violate the legal rights of others; or
Use the Services in any manner that could damage, disable, overburden, or impair the Services.

12. Third-Party Links and Services

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by Focal Optical. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Focal Optical is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of any such third-party content, goods, or services.

13. Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS, CONTENT, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOCAL OPTICAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FOCAL OPTICAL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Nothing in these Terms is intended to limit any rights you may have under applicable consumer protection laws or other statutory rights that cannot be waived by contract.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOCAL OPTICAL, WISE EYES LLC, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF FOCAL OPTICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF FOCAL OPTICAL AND WISE EYES LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FOCAL OPTICAL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

15. Indemnification

You agree to indemnify, defend, and hold harmless Focal Optical, Wise Eyes LLC, and their officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, and settlements, including without limitation reasonable legal and accounting fees, resulting from or alleged to result from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) any User Content you submit through the Services.

16. Dispute Resolution and Arbitration

a. Binding Arbitration

You and Focal Optical agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth in Section 16(b) below. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FOCAL OPTICAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

b. Exceptions

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim.

c. Arbitration Rules

Any arbitration between you and Focal Optical will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms. The AAA rules and filing forms are available online at www.adr.org. The arbitrator will have exclusive authority to resolve all disputes arising out of or relating to these Terms, including whether a dispute is arbitrable.

d. Notice and Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) ("Notice"). Focal Optical's address for Notice is: Wise Eyes LLC, d/b/a Focal Optical, 17000 West 10 Mile Road, Southfield, Michigan 48075, Attn: Legal Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties will make good-faith efforts to resolve the claim directly, but if the parties do not reach an agreement within 30 days after the Notice is received, either party may commence an arbitration proceeding.

e. Class Action Waiver

You and Focal Optical agree that any arbitration or court proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Focal Optical waive any right to a jury trial. If a court or arbitrator determines that the class action waiver in this Section is void or unenforceable for any reason, then this Section 16 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.

f. Governing Law for Arbitration

This Section 16 is governed by the Federal Arbitration Act. To the extent the Federal Arbitration Act is inapplicable, the laws of the State of Michigan shall apply.

17. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles. Subject to Section 16, you agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Oakland County, Michigan, and you consent to the personal jurisdiction of and venue in such courts.

18. Termination

Focal Optical reserves the right to suspend or terminate your access to the Services, without notice or liability, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

19. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Focal Optical regarding your use of the Services and supersede all prior agreements, understandings, and communications, whether written or oral, between you and Focal Optical with respect to the subject matter hereof.

21. Contact Information

If you have any questions about these Terms, please contact us at:

Focal Optical Wise Eyes LLC 17000 West 10 Mile Road Southfield, Michigan 48075 Email: info@focaloptical.com