Return Policy

Returns and Exchanges

Our eyewear is made with the latest technology and uncompromising quality standards, and we are confident that you will love them. However, we recognize that mistakes can happen and the labs who produce your lenses may make one. In that case, we are happy to have you return the product for reimbursement, or we will remake your glasses with the correct prescription. You must begin the return or exchange process within 30 days of receiving your glasses by emailing us at info@caseyopticaltoo.com or call us at 505-219-3113. If you exchange your eyewear for a higher-priced pair, we will charge you for the difference in value. If the replacement order is lower in price than the original, we will credit the difference to the same credit card of the original order.

Limitation of Liability

NOTWITHSTANDING any other provision of these terms of use, in no event will company or its affiliates, or their respective officers, directors, employees, licensees, representatives, and agents have any liability of any kind whatsoever (whether under contract, tort, or any other theory of legal liability) and will not be responsible for damages of any kind (whether direct, indirect, incidental, consequential, special, exemplary, punitive, or any other types of damages) to you with respect to (i) the use of, or inability to use, the services, (ii) your use of any third- party website hyperlinked to or from the services, and (iii) the materials and functions of the services or any linked website.

Indemnification

You agree to indemnify, defend, and hold Company and its affiliates, and their respective officers, directors, employees, licensees, representatives, and agents harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) made by any third party that constitute, or arise out of or in connection with (i) your use or misuse of the Services or the content therein, (ii) your use of any third party site hyperlinked to or from the Services, (iii) content, materials or information you provide to Company, (iv) your breach of these Terms of Use, (v) your violation of any law, or (vi) your violation the rights of any third party (including, without limitation, any intellectual property rights).

Choice of Law

These Terms of Use are entered into in the State of New Mexico and shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to choice or conflict of laws rules.

Disputes

In the event of any dispute regarding or relating to these Terms of Use, each party hereto submits to the exclusive jurisdiction of the state and federal courts located in Bernalillo County in the State of New Mexico, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Nothing herein will affect the right of any party to serve legal process in any other manner permitted by law. If any legal action or other proceeding is brought in connection with this Terms of Use, the prevailing party will be entitled to recover reasonable attorneys’ fees, accounting fees, and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE.

Miscellaneous

These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof. No agency, partnership, joint venture, employee-employer or franchiser- franchisee relationship is intended or created by these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. In Company’s sole discretion, Company may assign these Terms of Use. Company’s failure to act with respect to a breach by you or others does not waive Company’s right to act with respect to subsequent or similar breaches. Company does not guarantee that it will take action against all breaches of these Terms of Use.

Unauthorized Use and Termination

You agree to use the Services only for authorized and legal activities. Company reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice and for any reason whatsoever. You are solely responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms of Use.

At the termination of these Terms of Service with you, we will return or destroy, if feasible, all of your personal information. If such return or destruction is not feasible (due to record keeping obligations under applicable law, for example), we will continue to abide by these Terms of Use, including the Privacy Policy, with respect to such information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.

Contact Us

If you have any questions or comments about the Services, Company, or the Terms of Use, please contact us via the “Contact” subtab located under the “About” tab on the Site’s homepage.