Web Site Terms of Use

Effective Date: October 3, 2025

Last updated: September 15, 2025

Introduction

Thank you for visiting this website, which is operated by National Vision, Inc. (referred to herein as “NVI,” “us,” or “we”). These Terms of Use (“Terms of Use”) form a binding legal agreement between you and NVI that governs your access to and use of this website and our mobile apps (collectively, the “Site”), and any goods or services provided through any of them. Your access to and use of the Site is subject to these Terms of Use and all applicable laws. If you do not agree to these Terms of Use, or if you do not meet the qualifications included in these Terms of Use, do not access or use the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE, AS THEY CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS ACTION RIGHTS, AND OTHER LIMITATIONS THAT AFFECT YOUR RIGHTS, ALL OF WHICH ARE APPLICABLE TO YOUR USE OF THE SITE, OUR SERVICES, AND ANY RELATED ACTIVITIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOUR CONTINUED USE OF THE SITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE.

The information provided on the Site is not a substitute for the advice of a physician or other qualified health care professional and does not constitute a diagnosis or professional treatment recommendation. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider.

Privacy

By agreeing to these Terms of Use, you also consent to our collection, use and disclosure of your information in accordance with our Privacy Policy, available at https://www.nationalvision.com/policies/privacy/. Our Privacy Policy, incorporated herein by reference, describes the personal information we collect when you and others use the Site, how we use that personal information, and some of the steps we take to protect your privacy.

Changes To Terms Of Use

Except as expressly stated herein, these Terms of Use and the agreement formed by these Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us. We are continually improving and adding to the features and functionality of the Site and the services we offer through the Site. As a result of these changes or changes in the law, we may update or revise these Terms of Use from time to time, and in our sole discretion. We may, but are not required to, provide you with notice of such changes, such as by sending an email, providing a notice through the Sites, or posting the updated Terms of Use with a revised effective date. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Site or Services after we provide such notice will confirm your acceptance of the changes. YOU FURTHER AGREE THAT THE AMENDED TERMS SHALL APPLY RETROACTIVELY TO ALL INTERACTIONS BETWEEN US AND YOU GOING FORWARD TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING RESOLUTION OF ANY DISPUTE(S) ARISING PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS, WHETHER OR NOT NOTICE OF SUCH DISPUTE WAS PROVIDED OR ARBITRATION WAS INITIATED PRIOR TO YOU RECEIVING NOTICE OF THE AMENDED TERMS.

Whenever we make any material change to these Terms of Use, we will change the “Last Updated” date at the top of these Terms of Use so that you will know when changes may have been made. You are expected to check this page each time you access or use the Site so you are aware of any changes, as they are binding on you. If you do not agree to the amended Terms, you must immediately cease use of the Site and Services.

Your Obligation To Provide Truthful Information

You may be asked to submit personal information to the Site. For example, if you use the Site to request information about our company, you will be asked to provide your name and mailing address. If you submit personal information to NVI through the Site, the information you submit must be true, accurate, current and complete.

Accounts and Other Terms

Before using certain features of our Site, you may be required to establish an account (an “Account”). Approval of your request to establish an Account will be at our sole discretion. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. To the extent applicable, you will not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Site through your Account. You will ensure the security and confidentiality of your Account ID and will notify us immediately if any Account ID is lost, stolen or otherwise compromised. Any activities completed through your Account or under your Account ID will be deemed to have been done by you. You may not: (1) select or use an Account ID of another user with the intent to impersonate that user; or (2) use an Account ID that we, in our sole discretion, deem offensive.

If and to the extent establishing an Account or agreeing to any other special feature through an express consent mechanism requires you to agree to accept and agree to a special term that directly conflicts with a provision in these Terms of Use, the special term will override the conflicting provision in these Terms of Use.

Ownership of the Site and Its Contents

The Site, including all of the software and code comprising or used to operate the Site, including application updates, and all of the text, photographs, images, illustrations, graphics, sound recordings, logos, video and audio-video clips, and other materials available on the Site (collectively, “Content”) are protected under applicable intellectual property and other laws, including those of the United States. All Content and intellectual property rights therein are the property of NVI or of third parties who have licensed their rights to NVI.

The presence of any Content on the Site does not constitute a waiver of any right to such Content. You do not acquire ownership rights to any such Content viewed through the Site. Subject to your compliance with these Terms of Use, we will permit you to access and use the Site solely for lawful purposes and only in accordance with these Terms of Use.

Trademarks

The NVI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NVI [or its affiliates or licensors]. You must not use such trademarks without the prior written permission of NVI. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Other Restrictions on Your Use of the Site

You may only use the Site for lawful purposes and in accordance with these Terms of Use. As a condition of your use of the Site, you represent and warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

Whether on behalf of yourself or on behalf of a third party, you may not use the Site:

  • to access (or attempt to access) areas or features of the Site for which you do not have the proper authorization;
  • to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or express or imply that we endorse any statement that you make;
  • in a manner that violates any applicable national, state, local or international law, rule or regulation;
  • to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
  • in a manner that interferes with, disables, disrupts, impairs or creates an undue burden on the networks or services that support the Site;
  • to harvest or collect e-mail addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
  • for any public or commercial purpose other than in furtherance of any transaction that you make through the Site;
  • for the purpose, in whole or in part, of asserting a lawsuit or other legal claim against us, including without limitation any claim asserting an invasion of privacy, a wiretap, or unlawful sharing of personal information.
  • make any use of the Site in order to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of NVI or any third party or violate the privacy, publicity or other personal rights of NVI or any third party, or that is defamatory, obscene, threatening, abusive or hateful; or
  • in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying the Site.

Right To Modify or Discontinue the Site

We reserve the right at any time to modify or temporarily or permanently discontinue the Site (or any part thereof, including your access to an Account) with or without notice, and we will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site.

Links To Other Sites

The Site may provide links to other Web sites or other services operated by third parties. Because we have no control over third-party Web sites or services, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. We make no representations regarding the content or accuracy of materials on such third-party Web sites. Similarly, we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. Your use of such Web sites is subject to the terms and policies of the owner of such Web sites and not these Terms of Use. Other Web sites may link to the Site with or without our authorization, and we may block any links to or from the Web site in our sole discretion. YOUR USE OF THIRD-PARTY WEB SITES OR SERVICES IS AT YOUR OWN RISK.

Copyrights

If content that you own or have rights to has been posted to the Site without your permission and you want it removed, please follow the steps listed in this section. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. We will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Site should be sent to us at:

By Mail:

National Vision, Inc.

2435 Commerce Avenue NW

Building 2200

Duluth, GA 30096

By Email: [email protected]

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it;
  • your name, address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to us:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts located within Georgia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Representations and Warranties

You represent and warrant to NVI that: (1) you have the legal right and authority to accept and abide by these Terms of Use; (2) these Terms of Use form a binding legal obligation on your behalf; (3) you have the legal right and authority to perform your obligations under these Terms of Use and to grant the rights and licenses described in these Terms of Use; and (4) your use of and access to the Site and your Account will comply with all applicable laws, rules, and regulations and will not cause NVI to violate any applicable laws, rules, or regulations.

Disclaimer Of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SITE, ANY CONTENT ON THE SITE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THE SITE. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, IS AT YOUR OWN RISK. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE CANNOT AND DO NOT REPRESENT THAT THE SITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISM, OR OTHERWISE MEET YOUR REQUIREMENTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CONTENT, THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT COMMUNICATIONS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE SITE. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THE SITE BY OUR CUSTOMERS OR BY SITE USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT OUR OPINION, ADVICE OR STATEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK.

Without limiting the foregoing, certain products promoted through the Site may be covered by a product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any manufacturers’ warranty applicable to the products promoted through the Site.

California Residents Only

Nothing in these Terms of Use will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law. Specifically, you acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms of Use and which if known, might materially affect your consent to these Terms of Use. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT WILL OUR OR THE RELEASED PARTIES’ (AS DEFINED BELOW) TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASED PARTIES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Indemnity

You hereby agree to indemnify, defend, and hold harmless NVI and its officers, directors, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (1) your access to or use of the Site, including your Account and our portals; (2) Your Content; and (3) your breach of any representation, warranty, or other provision of this Agreement. NVI will provide you with notice of any such claim or allegation, and NVI will have the right to participate in the defense of any such claim.

Limitations Of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL NVI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS CONTENT, ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE SITE, OR YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY PURCHASES YOU MAKE OR LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NVI OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON OUR LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE WILL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Applicable Law

By visiting the Site, you agree that the laws of the state of Georgia, without regard to principles of conflict or choice of laws, will govern these Terms of Use and any dispute of any sort that might arise between the parties.

Disputes

A. Binding Arbitration. You and NVI acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, you and NVI agree that, except for (i) statutory or common law claims related to intellectual property, and (ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to the Terms of Use, your relationship to NVI, your use of the Site or Services, or your purchase of products or Services from NVI or through the Site, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

B. Waiver of Class Actions. YOU AND NVI AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.

C. Conduct of Arbitration; Governing Rules. Arbitrations for any disputes between you and NVI relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, where applicable, and the Mass Arbitration Supplementary Rules (collectively, the “AAA Rules”), except that you and We agree that the Mass Arbitration Supplementary Rules shall apply where (i) ten or more Consumer or Employment/Workplace similar Demands for Arbitration (Demand(s)) are filed against or on behalf of the same party or related parties, or (ii) fifteen or more non-Consumer/non-Employment/Workplace similar Demands are filed against or on behalf of the same party or related parties. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association website at http://www.adr.org. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision–including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision–are for the court to decide. Georgia law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, including procedural aspects of the arbitration, and further agree that the California Arbitration Act, including without limitation Code of Civil Procedure §§ 1281.97-1281.99, shall not apply in the arbitration or any related court proceeding to enforce the right to arbitration. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

  1. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide individualized written notice of the potential claim to the opposing party setting forth (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 30 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide notice of a claim to NVI, write to [email protected].

Unless you and NVI agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.. For all litigation regarding any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in Fulton County in the State of Georgia. All provisions of this Disputes section shall survive termination of these Terms of Use, your relationship with us, and/or your Account or profile.

Age Eligibility and Geographic Restrictions

The Site is intended for use by users who are at least 18 years of age or the age of majority in their state of residence, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with NVI and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not access or use the Site.

We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Term

These Terms of Use are entered into as of the date you first access or use the Site and will continue until terminated. To the extent permitted and in accordance with applicable law, we may terminate your access to the Site or your Account at any time if you violate these Terms of Use or for any reason, at our sole discretion. You may terminate these Terms of Use at any time by ceasing to access the Site and by destroying any Content that you have been permitted to download from the Site.

General

Words and phrases used in these Terms of Use have the definition given in these Terms of Use or, if not defined herein, have their plain English meaning as commonly interpreted in the United States. As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings are for reference purposes only.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions, and the court will substitute for such provision a valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use will remain in full force and effect.

Unless you have entered into a separate agreement with NVI regarding the Site, these Terms of Use, together with any customer agreement to which you may be subject, set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and us with respect to the subject matter hereof.

The parties hereto are independent parties, not agents, employees or employers of the other, or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any assignment in violation of the foregoing will be null and void. We may freely assign these Terms of Use.

These Terms of Use may be amended only as set forth above.

Notices

Unless otherwise specified in these Terms of Use, any notices required or allowed under these Terms of Use will be provided to NVI through our web form. NVI may provide you with any notices required or allowed under these Terms of Use by sending you an email to any email address you provide to NVI in connection with your Account, provided that in the case of any notice applicable both to you and other users of the Site, NVI may instead provide such notice by posting it on the Site. Notices provided to NVI will be deemed given when actually received by NVI. Notice provided to you will be deemed given 24 hours after posting it to the Site or sending it via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid, in which case NVI may attempt to notify you through other contact information provided by you or may post the relevant notice on the Site.

Contact Us

If you have any questions or concerns regarding these Terms of Use, please contact us by phone 800-637-3597 by email at [email protected] or by mail at the following address:

National Vision, Inc.

ATTN: Legal Department

2435 Commerce Avenue NW

Building 2200

Duluth, GA 30096