IMPORTANT — PLEASE READ: The following Affinity Optical Card Agreement describes the terms and conditions that apply to the prepaid account of your Affinity Optical Card. This agreement is divided into two parts. Part One, describes the terms that apply generally to the Affinity Optical Card. Part Two contains important legal terms and conditions, including information regarding Affinity Optical privacy statement, our mutual agreement to exclusively arbitrate disputes, and how we may make changes to this agreement.
By using YOUR Affinity Optical Card, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
PART ONE: Affinity Optical CARD GENERAL TERMS
About Your Account; Affinity Optical Purchases Only
Affinity Optical issues the Affinity Optical Card to you. It allows you to load a dollar value on to your Affinity Optical Card for future purchases. The dollar value that you load onto your Affinity Optical Card is a prepayment for goods and services at Affinity Optical. No credit card, credit line, overdraft protection, or deposit account is associated with an Affinity Optical Card. Unless otherwise required by law or permitted by this agreement, any amount on your Affinity Optical Card is non-refundable and may not be redeemed for cash. No interest, dividends, or any other earnings on funds deposited to an Affinity Optical Card will accrue or be paid or credited to you by Affinity Optical. The value associated with the Affinity Optical Card is not insured by the Federal Deposit Insurance Corporation (FDIC).
We reserve the right not to accept any Affinity Optical Card or otherwise limit use of an Affinity Optical Card if we reasonably believe the use is unauthorized, fraudulent or otherwise unlawful.
Loading Value on Your Card
A dollar value for the Affinity Optical Card can be added by using a credit card, debit card or cash by visiting the store. Not more than $500 of value can be added to your Affinity Optical Card.
Fees and Expiration of Card Balances
Affinity Optical does not charge fees for the issuance, activation, or use of an Affinity Optical Card and an Affinity Optical Card has no expiration date.
Receipts and Statements
Cardholders are not sent statements of itemized transactions from an Affinity Optical Card account. The account balance for an Affinity Optical Card also will appear on your receipt from a point-of-sale register. When you use an Affinity Optical Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate a purchase was made using an Affinity Optical Card and will provide the remaining balance of an Affinity Optical Card. You should keep your receipts and check your online statement to ensure that your account balance is correct.
Billing Errors, Corrections
We reserve the right to correct the balance of your Affinity Optical Card account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Affinity Optical Card, please call our customer service department. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Registration; Liability for Unauthorized Transactions
Because your Affinity Optical Card is used like cash for purchases from Affinity Optical, you are responsible for all transactions associated with your Affinity Optical Card, including unauthorized transactions. However, if your Affinity Optical Card is lost, stolen, or destroyed, the Card can be replaced with the balance remaining on it at the time of your telephone call. Please notify us immediately if you change any of your registration information. Your Affinity Optical Card balance is only protected from the point in time you notify us that your Affinity Optical Card is missing.
PART TWO: IMPORTANT LEGAL TERMS
Changes to This Agreement
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. If you have registered your Affinity Optical Card, we will notify you of any change, addition or deletion by e-mail. In addition, we will post the terms to the modified agreement on our web site at www.affinity-optical.com. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our web site or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Affinity Optical Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your Affinity Optical Card after such notice period. If you do not accept the changes, additions or deletions, your Affinity Optical Card will be cancelled and any amounts remaining on your Affinity Optical Card will be refunded to you.
Cancellation of This Agreement
We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Affinity Optical Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Affinity Optical Card account less any amounts that you may owe us. In the event that this agreement is terminated, this Part Two shall survive in accordance with its terms.
Governing Law — Washington
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
Affinity Optical AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE Affinity Optical CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Affinity Optical DOES NOT REPRESENT OR WARRANT THAT YOUR Affinity Optical CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IN THE EVENT THAT Affinity Optical OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR Affinity Optical CARD. Affinity Optical AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Affinity Optical OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A Affinity Optical CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement; Construction
This agreement is the complete and exclusive statement of agreement between you and Affinity Optical Corporation, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.