Last Updated: August 29, 2025

Welcome to the Eight to Eighty Eyewear website www.eighttoeightyeyewear.com (the "Website"), operated by Eight to Eighty Eyewear ("we," "us," or "our"), a company located in New York. These Terms of Use ("Terms") govern your access to and use of our Website, including any purchases of eyewear frames or related services. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

1. Eligibility

You must be at least 16 years of age to use our Website. By using the Website, you represent that you are at least 16 years old and have the legal capacity to enter into these Terms. If you are using the Website on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Use of the Website

a. Permitted Use

You may use the Website to browse, purchase eyewear frames, access related services, subject to these Terms. You agree to use the Website only for lawful purposes and in compliance with all applicable laws, including New York state laws.

b. Prohibited Conduct

You agree not to:

• Use the Website in any way that violates federal, state, or local laws, including New York laws.
• Attempt to access or interfere with the Website’s security, systems, or networks.
• Use automated tools (e.g., bots, scrapers) to access or collect data from the Website.
• Reproduce, duplicate, sell, or resell the Website’s content or services without our express written permission.
• Engage in any activity that disrupts or impairs the Website’s functionality, such as transmitting viruses or malicious code.
• Misrepresent your identity or provide false information.

3. Accounts

To make purchases or access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information when creating or updating your account.
• Keep your login credentials confidential and notify us immediately at customerservice@eighttoeightyeyewear.com if you suspect unauthorized access.
• Be responsible for all activities conducted through your account.

We reserve the right to suspend or terminate your account if we suspect fraudulent activity, misuse, or violation of these Terms.

4. Purchases and Payments

a. Product Orders

• All orders placed through the Website are subject to availability and our acceptance.
• We reserve the right to refuse or cancel orders at our discretion, including for suspected fraud, incorrect pricing, or unavailability of products.
• Pruchases are in U.S. dollars and exclude taxes, shipping, and handling fees unless otherwise stated.

b. Payment

• You agree to pay all charges for your orders using the payment methods offered on the Website.
• Payments are processed through secure third-party payment processors. We do not store full payment information on our website servers.
• If a payment is declined, we may cancel your order and notify you.

5. Intellectual Property

All content on the Website, including text, images, logos, product designs, and trademarks (e.g., "Eight to Eighty Eyewear"), is owned by or licensed to us and is protected by U.S. and New York intellectual property laws. You may not copy, modify, distribute, or reproduce any content without our prior written consent, except for personal, non-commercial use.

6. Third-Party Links and Services

The Website may contain links to third-party websites or services (e.g., payment processors, shipping providers). We are not responsible for the content, policies, or practices of these third parties. Your interactions with third-party services are governed by their terms and policies.

7. Disclaimers

• Website Availability: The Website is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of uninterrupted or error-free operation.
• Product Information: We strive to ensure product descriptions, prices, and images are accurate but do not guarantee their accuracy. We may correct errors or update information at any time.
• Prescription Accuracy: We are not responsible for errors in prescriptions provided by you or your eye care professional, nor for any health outcomes resulting from the use of our products.
• New York Law: To the extent permitted by New York law, we disclaim implied warranties, including warranties of merchantability or fitness for a particular purpose.

8. Limitation of Liability

To the fullest extent permitted by New York law:

• Eight to Eighty Eyewear, its affiliates, and their respective officers, directors, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website or products, including loss of data, profits, or goodwill.
• Our total liability for any claim arising from these Terms or your use of the Website shall not exceed the amount you paid for the product or service giving rise to the claim.

9. Indemnification

You agree to indemnify and hold harmless Eight to Eighty Eyewear, its affiliates, and their respective officers, directors, and employees from any claims, damages, or losses arising from your violation of these Terms, misuse of the Website, or submission of inaccurate or fraudulent information.

10. Termination

We may suspend or terminate your access to the Website at our discretion if you violate these Terms or engage in conduct we deem harmful to our business or other users. You may stop using the Website at any time.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Website shall be resolved in the state or federal courts located in New York County, New York, and you consent to the exclusive jurisdiction of such courts.

12. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices or legal requirements. We will notify you of significant changes by posting the updated Terms on our Website with a revised "Last Updated" date. Your continued use of the Website after such changes constitutes your acceptance of the updated Terms.

13. Force Majeure

We are not liable for delays or failures to perform our obligations under these Terms due to events beyond our reasonable control, including natural disasters, pandemics, or supply chain disruptions.