Terms of service

Last Updated: June 2, 2026

These terms of service ("Terms of Service") apply to your access to, and use of, the services of Tifosi® Optics, INC., and its subsidiaries and affiliated companies/brands (collectively, "Company," "us", "our" or "we"), including without limitation, when you visit our Website available at tifosioptics.com (the "Website"), purchase a product from us, or interact with us in any other way (collectively, the "Services"). For purposes of these Terms of Service, "you" and "your" means any user of the Services, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.

1. Acceptance of Terms

These Terms of Service set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand, and fully agree to be legally bound by these Terms of Service, our Privacy Policy, our Refund Policy, our Shipping Policy, and any other policies expressly incorporated herein by reference (collectively, the "Terms"). You should review these policies in addition to these Terms of Service before using the Website or placing an order through the Website. In the event of any contradiction between policies or statements on the Website and these Terms of Service, the provisions of these Terms of Service shall control.

The Website and its purchase offerings are offered and made available only to users who are eighteen (18) years of age or older. By using the Website or making any purchase therefrom, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Please read these Terms carefully before accessing or using our Website. If you do not agree to these Terms, please do not use the Services.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the Sections titled "Governing Law and Jurisdiction" and "Dispute Resolution and Binding Arbitration" will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

2. Orders Placed Through the Website

A. Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept or otherwise cancel orders for any reason, at our sole discretion, even after we send you a confirmation email. If the user has paid and we refuse or cancel the order in full or in part, Tifosi will reimburse the refused or cancelled portion of the order to the original payment method used to place the order.

B. Pricing; Product Content; Payment Terms.

(i) Prices posted on the Website may be different from prices offered by other retailers that carry Tifosi products. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(ii) We do not guarantee that all information relating to products or services offered by us is accurate, complete, without error or current. We make every effort to display all colors of frames, lenses, and images to the best of our ability and in the best representation of our product. Actual colors of the product may vary from the images displayed on your monitor, screen, computer, mobile device or any other device used to view the Website.

(iii) We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern.

(iv) Terms of payment are within our sole discretion and payment must be received by us before we accept an order. You may use your credit and/or debit card, Google Pay®, PayPal® account, Amazon Pay®, Venmo® or Shop Pay® as payment options. At our sole discretion we have the right to cancel any order for merchandise that was not paid for in full because the user deleted a key component or did not add a key component to build the complete merchandise or product such as product/merchandise built in our custom shop or our prescription (RX) portal. We may offer for the order to become viable to charge you for the components that make up the completed merchandise/product you are wishing to order.

Venmo® and PayPal® are registered trademarks of PayPal®, Inc. Note that we are not affiliated, endorsed or sponsored by any of the above registered entities. We do not receive any rebates from any of the registered trademarks and therefore do not have an interest in which payment method you choose to use when purchasing our product/merchandise. Any fees associated with your purchases imposed by the provider of your preferred payment method are solely your responsibility, and Tifosi shall not be liable for any such fees.

C. Shipments; Delivery; Title and Risk of Loss.

(i) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay for all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the process, handling, packing, shipping and delivery of your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

(ii) Title and risk of loss pass to you upon delivery. If all or any portion of your order has been delivered, as communicated to us by the chosen delivery carrier, but was thereafter stolen or a delivery mistake was made, we reserve the right not to reship the product or to reimburse you for it.

D. Returns and Refunds.

(i) Custom products and prescription eyewear are non-returnable.

(ii) Except for products designated on the Website as final sale or non-returnable, we will accept a return of products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned unused and in their original sellable condition, unless otherwise authorized by a Tifosi representative. Refunds shall only be made once the returned merchandise has been received by our returns department. For defective returns, please refer to our Warranty. You bear the risk of loss in shipment to us. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

(iii) Refunds shall be processed back to the original form of payment. In the event you have been issued a new credit card or debit card that is associated with the same account as the original card, we will issue a refund to the new card. If, for any reason, we are unable to issue a payment back to the original form of payment, including in the event a credit card or debit card has been cancelled, we will issue you a merchandise credit which may be used on our Website.

3. Permitted Use; Security

Our Services are for your personal and non-commercial use. You may not reproduce, duplicate, copy, sell, resell, exploit, modify, distribute, publicly display, publicly perform, republish, download, store, transmit, reverse engineer, decompile, disassemble, create derivative works from, or otherwise commercially exploit any portion of the Services, except as expressly authorized by us in writing. You may not use automated means (including bots, scrapers, spiders, data mining tools, crawlers, or similar technologies) to access the Services, or circumvent any technical measures we employ to protect the Services.

We have implemented reasonable security measures to protect information provided through the Services. However, no method of internet transmission is 100% secure, and we cannot guarantee the security of your information. You are responsible for implementing sufficient procedures and safeguards to protect your own devices, systems, and information when accessing the Services.

If you create an account, you agree to provide accurate, current, and complete information and to keep such information updated. You are responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account, whether or not authorized by you. You may not share your account with others or use another person's account. We reserve the right to reject, suspend, terminate, or restrict access to any account, username, or password at any time in our sole discretion. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information.

4. User Conduct and Submissions

You are responsible for your use of the Services and for any consequences thereof. You agree not to, and will not assist or enable others to, use the Services to: (i) violate these Terms, any applicable law, or the rights of any third party (including intellectual property rights); (ii) copy, modify, reproduce, distribute, reverse engineer, or create derivative works from any portion of the Services or Content (as defined below), except as expressly authorized; (iii) upload or transmit any viruses, malware, malicious code, Trojan horses, worms, logic bombs, or other harmful material; (iv) use automated means (including bots, scrapers, spiders, crawlers, or similar technologies) to access the Services without our prior written permission; (v) harvest contact information, solicit passwords, or send unsolicited communications; (vi) impersonate any person or entity, or misrepresent your identity or affiliation; (vii) harass, intimidate, exploit, or harm another person; (viii) interfere with, disrupt, damage, overburden, or impair the Services or any connected systems or networks; (ix) attempt to gain unauthorized access to any portion of the Services, accounts, servers, or networks; (x) use the Services in connection with unlawful, fraudulent, deceptive, abusive, defamatory, obscene, offensive, hateful, discriminatory, or otherwise objectionable conduct; or (xi) use the Services in any manner that could damage, disable, or impair the Services. We reserve the right to terminate or restrict your access for violating any of the above.

Certain portions of the Services may allow you to submit reviews, comments, photographs, videos, messages, or other materials (collectively, "User Content"). You agree not to submit any User Content that: (a) is false, misleading, defamatory, obscene, threatening, harassing, abusive, hateful, discriminatory, violent, or otherwise objectionable; (b) promotes illegal activity or unethical conduct; (c) infringes any intellectual property, privacy, publicity, or other proprietary right; (d) contains viruses or code designed to disrupt or damage any system; (e) constitutes spam, unauthorized advertising, solicitation, chain letters, or promotional materials; (f) impersonates any person or entity or falsely suggests an affiliation, endorsement, or sponsorship; (g) violates any applicable law or regulation; or (h) otherwise violates these Terms.

No User Content you submit will be treated as confidential. You are solely responsible for your User Content and represent and warrant that you own or control all rights necessary to provide such User Content and to grant the rights described in these Terms.

We reserve the right, but have no obligation, to monitor, review, reject, edit, remove, disable access to, or take any other action with respect to User Content in our sole discretion and without notice. We do not verify, adopt, or endorse User Content, and you bear all risks associated with it.

By submitting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, and otherwise exploit such User Content in connection with operating, marketing, advertising, improving, and promoting the Services and our business. To the extent permitted by law, you waive any moral rights you may have in such User Content.

5. Intellectual Property

Company respects the intellectual property of others, and expects all users to do the same. All content on the Services, including text, graphics, images, logos, product photos, and Website design is owned by the Company and is protected by applicable copyright, trademark, and other intellectual property laws. If you believe that any material available on or through the Services infringes your copyright, please contact us via email at privacy@tifosioptics.com so that we may review and respond to your concern.

Certain content made available on the Services is owned by third parties and is used with permission, under license, or pursuant to applicable usage rights. This may include, without limitation, designs, photographs and media created by independent designers, as well as product images and other content sourced by third-party platforms. All third-party trademarks, service marks, logos and copyrighted materials remain the property of their respective owners.

6. Children's Online Privacy Protection Act Notification

The Services are intended for a general audience and are not directed at users under 18. By using the Services, you represent that you are at least 18 years old. We do not knowingly collect Personal Information from minors under such age, and users under 18 must not use the Services. If we learn that a child under 18 has provided Personal Information, we will delete it or take steps to de-identify it promptly as required by law. If you believe we may have collected Personal Information about a child under 18, please contact us at privacy@tifosioptics.com with "Minor Data Collected Notification" in the subject line.

Pursuant to 47 U.S.C. Section 230(d) as amended, Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation Website located at http://www.eff.org.

7. Rewards Program

By enrolling in the Tifosi Optics Rewards Program, you agree to these terms and conditions and any amendments or modifications thereto. Tifosi Optics reserves the right to change the terms and conditions of the Rewards Program at any time without notice, including the right to discontinue or change the benefits of the Rewards Program. If we make any material changes to these terms and conditions or terminate the Rewards Program, we will post the updated terms in these Terms of Service and we may notify you by email. All Points and subsequent Rewards must be earned and used according to the terms and conditions of the Rewards Program as of the date the Points are earned.

For more details on what information Tifosi Optics collects from its Website visitors and children, please visit Tifosi Optics' Privacy Policy, which is incorporated by reference.

Earning Points and Benefits as a Rewards Program Member ("Member")

The Tifosi Optics Rewards Program ("Rewards Program") is a free customer rewards/loyalty program that allows participants to earn points ("Points") for every dollar spent on Eligible Product Purchases (as defined below), and certain other activities. Points accrue when a Member's unique Rewards Program Member Number is provided at the time of purchase on our site for Eligible Product Purchases. Under the Rewards Program, "Eligible Product Purchases" means purchases of Tifosi Optics products such as eyewear, parts and accessories, subject to any exclusions applicable at the time of sale or as stated herein. Members also have the ability to periodically earn bonus Points. Bonus Points help a Member earn Rewards faster. Tifosi Optics has the sole right to make the final decision on whether a purchase qualifies for Points (or an action qualifies for bonus Points) under the Rewards Program.

The Rewards Program is free to enroll. There are ways to earn reward points, including, but not limited to, signing up for the rewards program, making a purchase, signing up for our mailing list, leaving a review, following up on social media, and the birthday and Refer Friends program (see below under Refer Friends terms).

Points will typically post to each Member's Account within 48 hours from date of shipment for online orders. No adjustments to a Member's Account will be made after 90 days from the actual purchase date.

Point calculations are based upon dollars spent at checkout on Eligible Product Purchases less any dollars spent on sales tax, shipping charges, delivery charges, restocking fees, and rebates applied at the time of purchase.

Members do not earn Points for the amount of any Reward redeemed or discounts applied to an Eligible Product Purchase. When Members return products by mail, Points previously posted to a Member's Account for that purchase will be deducted from Member's Account. Other exclusions may apply. Points apply only to the first Rewards Program Member Number used in connection with any purchase. Points and Rewards have no cash value, are non-transferable, except as specifically permitted in connection with certain promotions. Points may not be combined among Rewards Members or conveyed by any means to anyone, including through a Member's estate and may not pass to Members' successors and assigns. Points do not constitute property of the Member. Tifosi Optics may revoke some or all Points and Rewards if it is determined, in Tifosi Optics' sole discretion, that a Member received Points and Rewards due to an error, through fraud, abuse, or deception, or in any manner not authorized or intended by Tifosi Optics.

Tifosi Optics is not responsible for communications, including Rewards, lost due to communication issues including change of address or other contact information or technical issues or malfunctions. Points that remain on Member's account one (1) year from the date earned will be forfeited. If the Rewards Program is terminated or the Member's account is closed, any remaining earned Points will be forfeited. Rewards are for one-time use only. In the event that a Member returns merchandise that was partially or wholly paid for with a Reward(s), the Reward(s) used in connection with such a purchase shall not be reissued and no Points representing such Reward(s) shall be reissued to such Member's Account. In these cases, the Member forfeits the Reward(s).

Membership Eligibility

The Rewards Program is available to individuals who are at least 18 years of age. The Rewards Program is intended for personal, non-commercial use only and is limited to one account per individual. Tifosi Optics may refuse to create a Rewards Program Member account for any reason. Tifosi Optics reserves the right to exclude any individual from or discontinue any individual's participation in the Rewards Program. Tifosi Optics will investigate suspected violations of the Rewards Program, which may result in immediate suspension or cancellation of the Rewards Account. Tifosi Optics reserves the right to cancel or suspend participation in the Rewards Program in the event of Rewards Program fraud, deception, abuse, or excessive earning of Points or Rewards, violation of these Terms or Tifosi Optics' Terms of Use or any applicable law, or at Tifosi Optics' sole discretion. Tifosi Optics also reserves the right to exercise any and all rights, remedies and legal actions, whether under these Terms and Conditions, Tifosi Optics' Website Terms of Service, the law, or at equity, related to suspected violations of the Rewards Program. Any Points and Rewards in the Member's account will become void at the time of cancellation or suspension.

Consent to Rewards Program Transactional Communications

By creating a Rewards Program Member account, you consent to Tifosi Optics sending you email communications concerning your transactions and related activity and/or actions that have earned rewards and benefits under the Rewards Program.

Redeeming Points Earned Under the Rewards Program

Members can redeem points in a variety of ways.

1. Redeem any value, e.g. 100 points for $1 at checkout (will not work with AmazonPay)
2. Redeem 1,000 points for $10 voucher
3. Redeem 1,500 points for $20 voucher
4. Redeem 1,500 points for a free Tifosi product (offer will vary from time to time)

Rewards are not valid toward prior purchases, certain products and services, and tax or state fees. Rewards are not redeemable for cash and no change or currency will be given for Reward redemption. Members may be notified of additional ineligible products and services. Other restrictions may apply, and lost, stolen, or expired Rewards will not be replaced.

Except as provided for in the Rewards Program, Rewards are not transferable and may not be combined among Rewards Program Members or conveyed by any means to anyone. Rewards are not transferable through a Member's estate and may not pass to Members' successors and assigns. Rewards do not constitute property of the Member.

Refer Friends (Referral Program)

Tifosi Optics Refer Friends referral program is available to users and grants users the ability to earn Tifosi Optics rewards ("Referral Program"). Each user participating in the Referral Program (each, a "Referrer") will be provided with a unique link ("Referral Link") that can be utilized to refer prospective new Site Users ("Referrals") via e-mail, social media or other methods permitted by applicable law. As currently offered by Tifosi Optics, the Referrer will receive 1,000 rewards points and corresponding Referral will receive 20% off their first order, for each unique Referral who clicks on that Referrer's Referral Link and purchases eyewear and does not return the applicable merchandise for a refund, cancel the sale or otherwise charge back the amount spent. Already-existing Site Users and/or Users who had previously purchased Merchandise (or who share a household with a User who had previously purchased Merchandise) at any time, will not count as Referrals.

As a Referrer, your activities in connection with generating Referrals ("Referral Activities"), and the materials used by you in connection with such Referral Activities ("Creative"), must: (i) comply with all applicable laws, rules and regulations including, without limitation, the CAN-SPAM Act of 2003, as amended and the Federal Trade Commission's report entitled, "Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers," as amended; (ii) comply with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials ("FTC Guidelines"); (iii) not infringe upon any third party intellectual property or other proprietary rights; and (iv) include prominent disclosures that you stand to gain financially where the prospective Referral(s) make(s) qualifying Merchandise purchases.

Tifosi Optics reserves the right to invalidate any Awards awarded to you for any Prohibited Conduct. For purposes of the Agreement, "Prohibited Conduct" is defined as those instances where you engage in any of the following: (i) any Referral Activities via fax or telemarketing; (ii) any mass Referral Activities in connection with mobile telephones or portable electronic devices conducted via SMS, Smart Messaging, EMS, MMS or any other type of text messaging service or protocol; (iii) violations of the terms of service of, or Abusing, social media such as Facebook®, Instagram®, TikTok®, etc, in connection with your Referral Activities; (iv) any unlawful activity; (v) any fraudulent or deceptive activity; and/or (vi) any conduct that Tifosi Optics reasonably objects to.

You shall not place any Creative in, on or through any e-mail messages or online venue that contains, promotes, references or has links to: (i) web pages with no content; (ii) profanity, sexually explicit material, hate material, material that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or family status, or any other material deemed unsuitable or harmful to the reputation of Tifosi Optics; (iii) piracy (of software, videos, audio/music, books, video games, etc.), hacking/cracking/phreaking, emulators/ROMs, or distribution of copyrighted materials; (iv) illegal activities or advice; (v) deceptive acts or practices; (vi) violations of the rights of others, such as intellectual property or privacy rights; (vii) dark web, personal web pages, non-English language pages, free hosted pages or venues under construction; or (viii) activities generally understood as Internet abuse including, but not limited to, the sending of unsolicited bulk electronic mail.

IMPORTANT:

Self-referral users are not allowed to open any additional, separate user accounts under aliases in order to add themselves as referrals and earn awards in connection with those additional user accounts. Referrals must click through the referral link in order for the referrer to earn awards. If a prospective referral does not register via the referral link, that prospective referral shall not be considered a referral and the prospective referrer will not receive any corresponding awards. Tifosi Optics reserves the right to invalidate any prospective referral and/or any associated awards where Company determines, in its sole and absolute discretion, that the referral: (i) is a self-referral; (ii) was generated using any fraudulent or deceptive method; (iii) was generated in bad faith; or (iv) was otherwise generated in violation of these rules.

8. SMS Terms

By providing your mobile phone number and opting in to receive SMS or text message communications from us, you expressly consent to receive recurring transactional, informational, marketing, or promotional text messages from Tifosi Optics and its service providers, including messages sent using automated technologies or an automatic telephone dialing system, at the phone number you provide. Consent to receive marketing text messages is not a condition of purchase.

Message frequency may vary. Message and data rates may apply depending on your mobile carrier and service plan. You are responsible for any fees charged by your wireless carrier in connection with text messages you receive from us.

You may opt out of receiving marketing text messages at any time by replying STOP to any marketing text message where applicable or by contacting us at privacy@tifosioptics.com. After you send a STOP request, you may receive one additional message confirming your opt-out request. For assistance, reply HELP where applicable or contact us at privacy@tifosioptics.com.

Wireless carriers are not liable for delayed or undelivered messages. We do not guarantee the availability or performance of SMS services and may modify or discontinue SMS communications at any time without notice.

By participating in our SMS programs, you represent that you are the authorized user of the mobile number provided and that you are authorized to consent to receive text messages at that number.

9. Disclaimer of Warranties

While Company uses reasonable efforts to include up-to-date information on the Services, Company makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.

COMPANY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY, ITS AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE (1) UNINTERRUPTED; (2) FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR RISK.

10. Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE COMPANY PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THESE TERMS OR (2) CONTENT POSTED TO THE SERVICES BY YOU OR ANY THIRD PARTY.

11. Limitation of Liability

IN NO EVENT WILL THE COMPANY PARTIES' AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS LIABILITY FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

12. Applicability of Disclaimers, Exclusions and Limits

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

13. Third Party Websites and Functionalities

THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY US. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES ("THIRD PARTY TOOLS") THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, COMPANY MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICES OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY US. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR WEBSITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS.

You may link to our Website, provided you do so in a manner that is fair, lawful, and does not damage, dilute, or take advantage of our reputation or goodwill. You may not establish a link in any manner that suggests any association, approval, endorsement, sponsorship, or affiliation by Company without our prior written consent.

You may not frame, mirror, deep-link, inline-link, or otherwise incorporate any portion of the Services or Content into another website, application, or service without our prior written permission. The website or platform from which you are linking must comply with all applicable laws and must not contain content that is unlawful, deceptive, defamatory, obscene, infringing, offensive, or otherwise objectionable.

We reserve the right to withdraw linking permission or disable any unauthorized links at any time without notice and in our sole discretion. You agree to cooperate with us in causing any unauthorized linking, framing, or embedding to cease immediately.

14. Errors, Inaccuracies and Omissions

Occasionally, there may be information on our Website/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 related to the Service or 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 on the Website, including without limitation, pricing information, except as required by law.

15. Indemnification

You agree to indemnify and hold harmless the Company Parties, and at Company's option defend the Company Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Company Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms of Service, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Company Parties, Company may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any Claim without our written consent.

16. Termination

In our sole and absolute discretion, with or without notice to you, we may suspend or terminate your use of and access to the Services, terminate your Account (if applicable) and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; or (vi) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which we may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to us. Upon termination for any reason, you must cease all use of the Services.

17. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

18. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

19. Notices

A. To You.

We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notice sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

B. To Us.

To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Tifosi Optics, Inc., 1011 Industrial Boulevard, Watkinsville, Georgia 30677. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

20. General

No failure or delay by us in exercising any right under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. If any part of these Terms is determined to be invalid or unenforceable the remaining provisions will remain in full force and effect. To the maximum extent permitted by applicable law, any claim arising out of or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where a longer limitations period is required by applicable law. These Terms represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. 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 shall not be construed against the drafting party. These Terms are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You shall not assign your rights or obligations hereunder. Sections 5 (Intellectual Property), 9-12 (Disclaimers, Exclusions, Limitations), 15 (Indemnification), 20 (General), 21 (Arbitration), and 22 (Governing Law) will survive termination of these Terms of Service and your use of the Services, together with any other provisions that by their nature are intended to survive.

Use of the Services is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.

21. Arbitration

Binding Arbitration of All Disputes

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with COMPANY; (iii) any data or information you may provide to COMPANY or that COMPANY may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, "Company Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other Company Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of COMPANY's parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against COMPANY, and any claim that COMPANY may have against you, arising out of, relating to, or connected in any way with our Terms or any Company Transactions or Relationships shall be resolved exclusively by final and binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Arbitration Rules & Procedures in effect and applicable to the amount in controversy at that time (the "Applicable Rules"). The most recent version(s) of the JAMS Arbitration Rules & Procedures are available at www.jamsadr.com and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Procedures and Guidelines where applicable, and, where applicable, the Mass Arbitration Procedures and Guidelines shall be included in the defined term "Applicable Rules." You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.

To promote efficient handling of arbitration claims, if seventy-five (75) or more substantially similar claims are filed against COMPANY within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, JAMS will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a "substantially similar nature" if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, JAMS will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and COMPANY, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.

You further agree that:

• the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and COMPANY (the "Arbitrator");
• the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Service and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
• Arbitration proceedings will be held in Oconee County, Georgia or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and COMPANY submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary;
• the Arbitrator (i) shall apply internal laws of the State of Georgia consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Georgia or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
• the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
• if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein;
• COMPANY may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after COMPANY has given notice of such modifications and only on a prospective basis for claims arising from Company Transactions and Relationships occurring after the effective date of such notification; and
• nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

22. Governing Law

These Terms, and your access to and use of the Services, as well as any dispute, claim, or controversy arising out of or relating to them, will be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict-of-law rules or principles (whether of Georgia or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or that cannot be heard in small claims court will be resolved exclusively in the state or federal courts located in Oconee County, Georgia and the parties consent to the personal jurisdiction and venue of those courts.

23. Contact Us

If you have any comments, feedback, or questions, including the resolution of a complaint regarding the Services, or if you are seeking further information regarding the Services, please contact us at:

Tifosi® Optics, Inc.
Attn: Customer Service
1011 Industrial Blvd
Watkinsville, GA 30677
privacy@tifosioptics.com

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.