Terms & Conditions
Welcome to the Dime Optics website and thank you for visiting. Please review the following terms and conditions (“Terms of Use”) that govern your use and purchase of products (collectively, “Use”) on our Site. Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use.
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.
Site Content
All of the content on Dime Optics’ website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials (collectively “Contents”) are copyrights, trademarks, and other intellectual property owned and controlled exclusively by Dime Optics, LLC (“Dime”). The contents of our site are intended for the personal non-commercial (aside from purchases by you from our site) used by visitors to the site. You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this site without prior written consent of Dime. This includes using Dime’s trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of gaining a higher ranking from search engines. Dime retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this site.
Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding our site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Dime using this site or otherwise (collectively, “Comments”) are not confidential and will become and remain Dime’s property. The disclosure, submission, or offer of any Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
Disclaimer, Limitation of Liability and Indemnity
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE DIME WEBSITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. DIME DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIME DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH DIME ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON ITS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER DIME NOR ITS AFFILIATED OR RELATED ENTITIES SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. DIME IS NOT LIABILE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF DIME’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DIME, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHR JURISDICTIONS WHERE PROHIBITED BY LAW.
Links to Other Websites and Services
Dime’s website may include links to other Internet sites maintained by third parties ("Linked Sites"). Dime provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Dime of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Dime Site. Linked Sites are not under the control of Dime and Dime is not responsible for the contents of any Linked Site.
Disputes
Our Customer Service Representatives are ready to assist you and address your concerns. They can be reached at hello@dimeoptics.com. If you have any questions or concerns regarding how dime manages, accesses or uses your personal information, please write us at Dime Optics, LLC, 19701 Hamilton Avenue, Suite 260, Torrance, CA 90502 or email us at privacy@dimeoptics.com.
In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our site, including all disputes arising out of, or related to, any products purchased from Dime through our site, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
In arbitration there is no judge or jury, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: Dime Optics, LLC, Attn: Legal Department, 19701 Hamilton Avenue, Suite 260, Torrance, CA 90502. You agree that the arbitration will be conducted by either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. Dime will reimburse those fees for claims totaling less than $5,000.00. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county of Los Angeles, California or at another mutually agreed location.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHT THAT YOU OR DIME WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Controlling Law
This Dime website is controlled and operated by Dime at its headquarters in Torrance, California. These terms of use shall be construed in accordance with the laws of the state of California without regard to any Conflict of Law Provision. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of any state or Federal Court located in Los Angeles County, California.
Merchandise Availability
Merchandise availability on our site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order is processed, we will notify you of this via email. You will receive a shipping confirmation email once your items have been shipped.
Denial of Access
These Terms of Use constitute an agreement that is effective unless and until terminated by Dime. If in Dime’s sole discretion you fail to comply with any term or provision of this agreement, Dime my deny you access to its site. In the event of denial of access by Dime, you are no longer authorized to access the site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Dime relating to the subject matter addressed herein.
Changes and Severability
Dime reserves the right to make changes to its site, policies, and these Terms of Use at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Contact
If you have any questions regarding these Terms of Use, you can email Dime Optics at hello@dimeoptics.com or write to Dime Optics, LLC at 19701 Hamilton Avenue, Suite 260, Torrance, CA 90502.
Effective Date 7/1/2020