Dispute Resolution
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in our Agreement, the Terms of Use, and the Privacy Statement, and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction.
“Disputes” are any claims or controversies against each other related in any way to this Agreement, the Terms of Use, the Privacy Statement, or Your purchase and use of the Product. This includes claims You bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that Bright Peak Optical brings against You.
If either Bright Peak Optical or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: Bright Peak Optical. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration.
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website shall be governed exclusively by the laws of the State of FL, excluding its conflict of law provisions.
For help before filing a dispute, please Contact Us at 866-206-5320 or [email protected].
See also our full Terms & Conditions.