Terms & Conditions

Last Modified: [5/11/2026]

1. Introduction

These Terms & Conditions govern: (1) your access and use of the websites, applications and other digital properties managed and owned by S. Rays, Inc., d/b/a Shady Rays and its subsidiaries and affiliates (collectively, “Shady Rays”, “we”, “us” or “our”) (collectively, “Sites”); and (2) your access and use of Shady Rays’ products, features, loyalty and other programs, events and services, including when you visit a Shady Rays physical store location (“Products”). The Sites and Products are collectively the “Services”.

To view the portion of this Terms & Conditions containing terms and conditions specific to the S|R Rewards Program, click here.

2. Acceptance

Please read these Terms & Conditions carefully before you access and use the Services. BY ACCESSING AND USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS & CONDITIONS. If you do not want to agree to these Terms & Conditions, you must not access or use the Services, or discontinue any access or use of the Services.

You understand it is your responsibility to read, understand, and comply with these Terms & Conditions and the Program Terms.

3. Arbitration Notice

YOU AGREE THAT DISPUTES BETWEEN YOU AND SHADY RAYS CONCERNING YOUR ACCESS AND USE OF THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE DETAILS ON THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 22 BELOW.

4. Eligibility

The Services are offered and available to individuals who are 18 years of age or the age of consent in the state of your residence. If you do not meet all of these requirements, you must not access or use the Services.

5. Changes

We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to your use of the Services thereafter, and your continued use means you accept them. You are expected to check this page so you are aware of any changes, as they are binding on you. If there are material changes, we may also notify you through other channels, such as posting them to the Sites or by e-mail.

6. Accounts

  • Creating an Account. To create an account with Shady Rays you must submit your first name, last name, e-mail address and two-factor authentication. To learn how we use this information, see our Privacy Policy. It is a condition of your use of the Services that all information you provide is correct, current, complete, and free from viruses, unlawful or otherwise harmful information.
  • Account Confidentiality. You must treat your account username and two-factor authentication as confidential and must not disclose them to any other person or entity. Your account is personal to you, and you agree not to give anyone else access to the Services using your credentials. Notify us immediately of any unauthorized access or use of your credentials or any other breach of security, and exit your account at the end of each session. Use particular caution on a public or shared computer so others cannot view or record your two-factor authentication or other personal information.
  • Disabling the Account. We may disable any username, two-factor authentication or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if in our opinion you or any other user has violated these Terms & Conditions.
  • Keeping the Account Active. You must sign in at least once in a twelve month period to keep your account and associated Services active, unless a longer period is provided under another agreement. We may disable any account we deem inactive in our sole discretion.
  • Fraudulent Use. If we reasonably suspect your account is at risk of fraudulent use by a third party, we may suspend it until you can reclaim ownership, and depending on the compromise we may have to disable access. We reserve the right to disable any account deemed potentially or actively compromised.
  • Account Ownership. You have no ownership rights in your account. If you cancel your account or it is terminated, all information you submitted as part of it will be marked as deleted in and may be deleted from our systems. Information may be retained in our sole discretion.

7. Trademark and Acceptable Use

  • Protected Materials. The Services and their entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and their design, selection and arrangement) (collectively, “Materials”) are owned by Shady Rays, its licensors or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws.
  • Marks. The trademarks, service marks, trade dress, trade names and logos on the Services, including the Shady Rays name and logo and other marks registered in the United States (“Marks”), are the sole property of Shady Rays, as are all page headers, custom graphics and icons.
  • Limited Use. These Terms & Conditions permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on our Services, except that: your computer may temporarily store copies in RAM incidental to viewing them; you may store files automatically cached by your Web browser; you may print or download one copy of a reasonable number of pages for your own personal, non-commercial use and not for further reproduction or distribution; and if we provide applications for download, you may download a single copy solely for personal, non-commercial use under our end user license agreement.
  • Prohibited Uses. You must not: modify copies of any materials from our Services; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites; or access or use for any commercial purpose any part of the Services or their content.
  • Termination of Access. If you print, copy, modify, download or otherwise use or give any other person access to any part of the Services in breach of these Terms & Conditions, your right to use the Services stops immediately and you must, at our option, return or destroy any copies you made. No right, title or interest in the Services or their content is transferred to you, and all rights not expressly granted are reserved by Shady Rays. Any use not expressly permitted is a breach and may violate copyright, trademark and other laws.

8. Notice of Copyright Infringement

  • Copyright Infringement Notice. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Shady Rays has implemented procedures for receiving written notification of claimed infringements and designated an agent to receive them. If you believe in good faith that your copyright has been infringed, submit a request to contact@shadyrayspolarized.com containing: a signature of the person authorized to act for the copyright owner; a description of the work you claim has been infringed; the location on our website of the infringing material; your email address and mailing address and/or telephone number; a statement that you believe in good faith the disputed use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for them.
  • Counter-Notice. If you believe a notice of copyright infringement was improperly submitted against you, you may submit a Counter-Notice under the Digital Millennium Copyright Act to contact@shadyrayspolarized.com containing: your physical or electronic signature; identification of the material removed or disabled; a statement under penalty of perjury that you believe in good faith the removal was a mistake or the material was misidentified; and your full name, email address and mailing address.

9. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation, including any laws regarding the export of data or software to and from the US or other countries.
  • In any way that violates US international trade laws, including regulations implementing US and international sanctions programs on individuals, entities or persons in sanctioned countries.
  • To exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or similar solicitation.
  • To impersonate or attempt to impersonate Shady Rays, a Shady Rays employee, another user or any other person or entity, including by using email addresses associated with any of them.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Shady Rays or users of the Services or expose them to liability.

You also agree not to: use the Services in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use, including real time activities; use any robot, spider or other automatic device, process or means to access the Services, including to monitor or copy material; use any manual process to monitor or copy material, or for any purpose not expressly authorized here, without our prior written consent; use any device, software or routine that interferes with their proper working; introduce any viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material; attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services or any server, computer or database connected to them; or attack the Services via a denial-of-service or distributed denial-of-service attack.

10. Refer-a-Friend Program

To participate in the Shady Rays Refer-a-Friend Program you must submit your first name and e-mail. To learn how we use this information, see our Privacy Policy. The on-screen instructions explain the specific reward offered to those you send a link to and the specific reward you may receive. By providing a program link to a friend through e-mail, text or other channel, you represent and warrant that you know that individual, that they will be interested in the offer, and that to the extent any consent is required you have obtained it. To earn a reward, the individual you refer must reside within the United States. Shady Rays reserves the right to limit the amount of referrals that may be used over time.

11. Mobile / SMS Terms / E-Mail

  • Mobile Features / SMS Messaging. Some of the Services may from time to time contain features for wireless device users (“Mobile Features”) and may let you opt-in to mobile services including SMS and/or MMS messaging programs (“SMS Messaging”). Your wireless provider may charge you for using them, including fees for receiving text messages or transmitting data from your mobile device.
  • Additional Fees. To receive Mobile Features or use SMS Messaging, your wireless provider may require you to purchase additional services and pay additional fees. You understand and accept the fees your wireless provider may charge, and acknowledge that Shady Rays is not charging you and is not responsible for them.
  • Consent / Autodialer. If you sign up for any Mobile Features or SMS Messaging, you may agree to receive recurring text messages and understand that we may use an autodialer or other automated calling system to send marketing texts to the mobile number you provided when opting in. Your consent is not required and is not a condition of any purchase or use of our services. Your wireless provider may apply message or data rates, which you know of and accept.
  • Opt-Out. The service may be a recurring message program. You may opt-out of receiving text messages by replying STOP to any message received or by changing your contact methods through the Services.
  • Updating Account. If you change or deactivate the phone number you provided upon sign up, you agree to update your account so that SMS messages intended for you are not sent to any person who may acquire your number if your wireless provider reassigns it.
  • E-Mail Communications. You may be asked to consent to receive certain e-mail communications from time to time. You may stop them by following the opt-out procedures set forth in them or by sending an e-mail to contact@shadyrayspolarized.com.

12. Monitoring and Enforcement; Termination

We have the right to: take any action regarding any use of our Services that we deem necessary or appropriate in our sole discretion, including if we believe that use violates these Terms & Conditions, infringes any intellectual property or other right, threatens the personal safety of users or the public, or could create liability for Shady Rays; take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use; and terminate or suspend your access to all or part of the Services for any or no reason. We also have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting materials on or through the Services.

13. Products and Services

  • Certain of our Products may have limited quantities and are subject to our Return Policy.
  • Shady Rays makes every effort to ensure that all information through the Services, including descriptions of our Products and listed prices, is accurate and correct at all times. However, mistakes do happen, and we will try to resolve all errors on the Sites as soon as reasonably possible.
  • The colors of Products shown on our Sites depend on many factors, including your display settings, and the actual sizes and shapes may differ from how they appear on your screen.
  • We reserve the right, but are not obligated, to limit sales of our Products to any person, geographic region or jurisdiction on a case-by-case basis, and to limit the quantities of any Services we offer.
  • All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion, and we may discontinue any Product at any time. Any offer made on the Sites is void where prohibited.
  • Pictures and images on the Sites are for illustration only; for an accurate description of any Product and what is included, refer to the corresponding written description.
  • We will do our best to arrange delivery of Products within a reasonable time of ordering and the ship date set out in the shipping confirmation, and we reserve the right to adjust prices, Products and offers at our discretion.

14. Reliance on Information / Disclaimer of Accuracy of Information

There occasionally may be information through our Services containing typographical errors, inaccuracies or omissions relating to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct them, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice and including after you have submitted your order. We undertake no obligation to update, amend or clarify information in the Services, including pricing, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.

15. Prescription Disclaimer

Shady Rays does not provide optometric, medical or other professional services and is not licensed to practice optometry or medicine. None of the content offered through the Services should be considered medical, optometric or professional advice. You acknowledge and agree that Shady Rays does not provide medical advice, diagnosis or treatment, and provides only a means to order eyewear in accordance with your existing eyeglass prescription.

Shady Rays must receive your eyeglass prescription to fulfill a prescription (Rx) order, and will take all reasonable precautions to keep all personal and/or health information secure and confidential. You acknowledge and agree to the upload and transmission of your eyeglass prescription via this website, and that all personal and/or health information you provide, including that prescription, is truthful, accurate, current and complete, and that you will promptly update it to keep it so. Shady Rays will perform all reasonable efforts to verify your prescription in accordance with applicable law.

Shady Rays produces eyewear according to the customer’s preferences and prescription, and prescription (Rx) eyewear must be matched specifically to each customer’s unique prescription. For our return policy on prescription (Rx) eyewear, please visit our Return Policy.

Shady Rays provides its Services as requested and makes no independent inquiry into the use or suitability of its products for a particular customer, and disclaims any liability for the use or suitability of any eyewear purchased from us and for whether it accurately reflects the customer's true prescription or vision. Take reasonable caution in wearing and using eyewear, prevent excess exposure to harmful ultraviolet (UV) rays, and take care that your vision is not negatively impacted. If there are any issues as to your vision or the suitability of Shady Rays' products, seek professional eye care advice from a physician, optometrist or other medical practitioner before using our services.

16. S|R Rewards Program Terms

These terms govern your participation in the Shady Rays S|R Rewards Program (“Program Terms”). By enrolling or participating you agree to be bound by the Terms & Conditions and the Program Terms, which may only be modified in writing by Shady Rays. The current version is always available at our Rewards Terms & Conditions page, which is authoritative and supersedes any prior or conflicting version. Participation is also subject to our Privacy Policy.

Members earn Points by completing qualifying actions via the methods Shady Rays specifies; once you reach a certain threshold you may use Points to obtain a preselected list of benefit items (“Benefit(s)”). You should not rely upon the continued availability of the Program or any Points accumulated. THIS PROGRAM IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. SHADY RAYS RESERVES THE RIGHT TO MODIFY OR TERMINATE THE PROGRAM IN ANY MANNER, IN WHOLE OR PART, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE CREDITS (IF ANY) AND/OR BENEFITS ALREADY ACCUMULATED.

Changes; Termination. Shady Rays may change the Program or its structure at any time at its sole discretion — the Points earned or required, the method of completing an activity, the types of Benefits, Tier Levels, Point caps or Program fees, and the conditions under which Points or Benefits expire — and may suspend or terminate the Program at any time. Use all Points and Benefits before expiration or termination or they are forfeited. Points or Benefits from prior terminated programs are not honored, and no extensions, cash refunds or exchanges are allowed for expired ones.

Eligibility and Participation. Participation is open to legal residents of the 50 United States and the District of Columbia who are at least the legal age of majority where they reside and hold an active account with Shady Rays, via email or your Shopify/Shop login (“Member”, “Account”). The Program is not intended for anyone under 18; if you do not want to participate, purchase as a “guest”. Participation is void where prohibited by law. Creating an Account (free on our website) enrolls you automatically. Limit: one (1) Account per person/email address. Shady Rays may send notices about your Account and the Program using the information you provide, and has no liability if you fail to keep it accurate, including failure to receive critical Program information.

Earning Points. Members earn Points by completing qualifying activities, including purchases (“Qualifying Activity”). Qualifying purchases through your Account on our website or at participating retail locations may be deemed “Qualifying Purchases” and earn Points on the subtotal (including our Lost & Broken Replacement Program), excluding taxes and fees. Points per dollar depend on your Tier Level, which Qualifying Purchases also determine. No partial Points are awarded; Shady Rays rounds down. Taxes, shipping fees and purchases made elsewhere are not Qualifying Purchases unless expressly designated. Shady Rays may change what counts as Qualifying Activity at any time; you must be logged in to earn Points, and Points are never awarded retroactively. Allow up to forty-eight (48) hours for deposit; Shady Rays is not liable for late attribution, and no Points accrue while your Account is not in good standing.

Points and Benefits are for personal, non-commercial use only. Points redeem for promotional discount credits; they are not cash or stored value, have no cash value, and may be used only to obtain Benefits. Points are not your property and give you no vested right, and may be revoked, canceled, limited or modified at any time even though this may affect previously accumulated Points. You may not purchase Points, transfer them between Accounts, or sell any Points or your Account. Shady Rays is not liable for Points lost, suspended, delayed, uncredited or revoked due to suspected or actual fraudulent, unauthorized, illegitimate or other unacceptable use.

Tier Levels. Shady Rays may establish tier levels (“Tier Levels”); unless determined otherwise all members begin at the Member Tier Level at launch. Your total spend on Qualifying Purchases (“Qualifying Spend”) during the 365 days after you join sets your Tier Level for the next 365-day period; Qualifying Spend is the subtotal minus any amount paid with Credits or gift cards (taxes, fees and duty excluded). At launch the Tier Levels and required Qualifying Spend (USD) are: Member, $0 – $9; Bronze, $10 – $149; Silver, $150 – $299; Gold, $300+. Your Tier Level resets on the date you advance: joining on March 21, 2026 and reaching Silver on July 1, 2026 keeps you Silver until June 30, 2027, and spending less than $150 over the following 365 days moves you to the Tier Level matching your actual spend. Shady Rays may alter the number of Tier Levels, the Points and Benefits in each, and the required spend at its sole discretion. Qualifying for the next Tier Level elevates you within forty-eight (48) hours.

Benefits and Expiration. For the current Benefits at each Tier Level and instructions on redeeming Points and Benefits, visit our customer hub. The selection of Benefit items and the Qualifying Spend required for a Tier Level is set by Shady Rays, may change without notice, and all Benefits are subject to availability. Points must be redeemed within three hundred sixty five (365) days from the date earned and only for Benefits, and are forfeited without compensation if your Account is terminated or deleted. Limit: one (1) Benefit per transaction, and one (1) Point application per transaction of twenty-five dollars ($25) or greater (subtotal excluding taxes and fees). Points redeem only in fixed increments set by Shady Rays; at launch $1, $3, $5, $10, $20, $30 and $40. Redemptions may not be combined with other offers, and Shady Rays may limit how many you redeem in a period. Points and Benefits are not transferrable, non-divisible, and may not be combined across Accounts. Each Benefit may carry its own terms, and you pay any cost of changes you make to it.

Account Termination. Accounts are terminated or immediately limited, without notice, if: (i) required by applicable law or regulation; or (ii) Shady Rays suspects, at its sole discretion, that a Member has: (a) acted in a fraudulent, abusive, harassing, threatening, dishonest, obscene, offensive or otherwise inappropriate manner, or engaged in impersonation; (b) engaged in conduct that artificially, improperly or deceptively impacts the accumulation, use or loss of Points or Benefits, including any “bot,” macro or other automated means of participating; (c) violated these Program Terms or any other applicable terms, or appears to use the Program inconsistently with their intention; (d) acted detrimentally to the Program, Shady Rays or its members; (e) engaged in wrongdoing in connection with the Program; or (f) committed any other violation of Shady Rays policies.

17. Privacy

To learn more about the information we collect about and from you when you use our Services, please see our Privacy Policy.

18. Links from the Website

If the Services contain links to other sites and resources provided by third parties, including links in advertisements, they are provided for your convenience only. We have no control over their contents and accept no responsibility for them or for any loss or damage arising from your use of them. If you access any third-party website linked to our Services, you do so entirely at your own risk and subject to that website’s terms & conditions of use.

19. Disclaimer of Warranties

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SHADY RAYS NOR ANY PERSON ASSOCIATED WITH SHADY RAYS MAKES ANY WARRANTY OR REPRESENTATION AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, OR WARRANTS THAT THE SERVICES, THEIR CONTENT OR ANY ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SHADY RAYS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SHADY RAYS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, OR ANY PRODUCTS OBTAINED THROUGH THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL OR DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (US). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnification

You agree to defend, indemnify and hold harmless Shady Rays, its affiliates, licensors and service providers, and their respective officers, directors, employees, agents, suppliers and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Services.

22. Force Majeure

Under no circumstances shall Shady Rays be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including Internet, computer, telecommunication, other equipment or electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including cyber events attributed to state or quasi-state actors), governmental actions, orders of domestic or foreign courts, non-performance of third parties, or loss of or fluctuations in heat, lighting or air conditioning.

23. Dispute Resolution, Arbitration, Class-Action Waiver, Jury Waiver

  • Disputes. This Section applies to all Disputes between you and Shady Rays. “Dispute” means any dispute, claim, controversy or action between you and Shady Rays, including any concerning these Terms & Conditions, your use of the Services, or privacy or publicity rights, on any legal or equitable basis. “DISPUTE” SHALL NOT INCLUDE ANY CLAIM BY SHADY RAYS FOR (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; AND/OR (4) TRADEMARK INFRINGEMENT OR DILUTION.
  • Opt-Out. You may opt-out of these arbitration procedures and the class and representative action waiver by written notice to contact@shadyrayspolarized.com within thirty (30) calendar days of your initial agreement to these Terms & Conditions (including your first use of the Services), stating your name, your mailing address, and your request to be excluded. All other terms continue to apply.
  • Binding Arbitration. You and Shady Rays agree to arbitrate all Disputes between you; that these Terms & Conditions memorialize a transaction in interstate commerce; that the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs this Section; and that this Section survives termination.
  • Dispute Notice; Mediation; Small Claims. The parties must first exchange a written notice stating the giving party’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested. Notice to Shady Rays goes to contact@shadyrayspolarized.com (“Shady Rays Notice Address”); notice to you goes by certified mail to your most recent address on file, or by email. Within 60 calendar days the parties must hold a good faith informal conference, in which you must participate personally even if represented by counsel; the arbitrator may dismiss any arbitration brought without it, and limitations periods and filing fee deadlines are tolled meanwhile. If it fails, the Dispute must go to non-binding mediation before a neutral third party, with the mediator, costs and date negotiated in good faith; you will not pay administrative fees exceeding what a court would require, and either party may proceed to arbitration if mediation terms cannot be agreed. You may instead bring an individual action in small claims court if it is within that court’s jurisdiction and pending only there.
  • CLASS ACTION WAIVER. YOU AGREE THAT YOU MAY BRING DISPUTES AGAINST SHADY RAYS IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS.
  • Mass Action Waiver; Special Master; Batching. Any Dispute is resolved only in individual arbitration, and you and Shady Rays waive the right to have any dispute heard as a Mass Action; no arbitrator or provider may hear one or award relief to anyone but the individual in arbitration. “Mass Action” includes instances where a law firm or group of firms representing you or Shady Rays has filed 25 or more substantially similar arbitration demands against the other party within 180 days and seeks to arbitrate them collectively; nothing here prevents participation in a mass settlement. Disputes about this Waiver go to a Special Master appointed by the arbitration provider and agreed between the parties, who decides filing fees, compliance with this agreement, whether claimants are barred, multiple-firm representation, and issues common to all claims. If the Special Master finds you violated the Waiver, either party may opt-out of arbitration within 30 days by written notice. Otherwise, Mass Actions are batched into groups of no more than 200 demands by state of residence, each batch treated as one case with one arbitrator and one set of filing fees, proceeding one at a time.
  • Arbitration Procedure; Hearing Format; Fees. Arbitration is administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures and other applicable rules, including the AAA Consumer Arbitration Rules, as modified here; where they conflict, these Terms & Conditions govern. A single neutral arbitrator resolves all Disputes and both parties may participate in the selection. The arbitrator is bound by these Terms & Conditions and, rather than any court or agency, has exclusive authority over all disputes relating to their interpretation, applicability, enforceability or formation, including any claim that all or part of them is void or voidable, and may grant whatever relief a court could under law or equity; the award is binding and may be entered as a judgment in any court of competent jurisdiction. Unless otherwise agreed, arbitration takes place in the State of Kentucky, but may proceed telephonically if the claim does not exceed $2,500 U.S. dollars. Settlement offers are not disclosed until the award amount is determined, and discovery of non-privileged information may be allowed. If you initiate arbitration you pay your filing fee, which shall not exceed what applicable law would require to file in court, and you are responsible for all additional costs you incur.
  • Arbitrator’s Authority; Jury Waiver; Confidentiality. All issues of arbitrability are reserved to the arbitrator. Relief may be awarded only in favor of the individual party seeking it and only as far as necessary, and the written decision must briefly set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, but an award already satisfied may not be filed or entered into court. The parties each waive their right to a trial by jury to the maximum extent permitted by law, and the award is final and binding unless they agree otherwise in writing. All arbitration proceedings are confidential and closed to the public and to any parties other than you and Shady Rays.
  • Amendments to this Section. If Shady Rays materially amends the dispute resolution and class action waiver provisions, it will notify you and you have thirty (30) calendar days to opt-out by written notice to the Shady Rays Notice Address stating your name, your mailing address, and your request to opt-out. If you opt-out you arbitrate under this Section as stated here, without the amendments; if you do not, you are deemed to have consented to them.
  • Severability; Exclusive Venue. If any provision in this Section is unenforceable it is severed and the remainder of these Terms & Conditions remains in full force and effect; this does not apply to the prohibition against class or representative actions, and if that prohibition is unenforceable this entire Section is null and void. This Section otherwise survives any termination. Any controversy excluded from this Section (other than an individual small claims action) shall be filed only in the courts located within the State of Kentucky, and each party irrevocably consents and submits to the exclusive jurisdiction of such courts.

24. California Consumer Notice

California users are entitled to the following consumer rights notice: The Services are provided by Shady Rays. If you have a question or complaint regarding the Services, please contact us by writing to contact@shadyrayspolarized.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at or by telephone at or or Hearing Impaired at TDD or TDD.

25. Governing Law; Jurisdiction and Venue

This Agreement will be governed by and construed in accordance with the laws of the State of Kentucky, without giving effect to its conflict of laws provisions or the laws of your state. If for any reason a court of competent jurisdiction or arbitrator finds any provision or portion of this Agreement unenforceable, the remaining portion will continue in full force and effect.

26. Waiver and Severability

No waiver by Shady Rays of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of that term or of any other, and any failure of Shady Rays to assert a right or provision shall not constitute a waiver of it. If any provision is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions continue in full force and effect.

27. Entire Agreement

These Terms & Conditions constitute the sole and entire agreement between you and Shady Rays regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, written and oral, regarding them.

28. Contact Us

All other feedback, comments, requests for technical support and communications relating to the Services should be directed to: contact@shadyrayspolarized.com.

29. Refund Policy

We offer completely free returns and exchanges on most items within 30 days of purchase. To start a return or exchange, visit our returns page, and we will provide a prepaid return label for you to send any unwanted item(s) back. Once you select the item(s) to be returned, you may either Shop Now for something new or get a refund. Shop Now gives you an instant credit for the full retail value of your returning item(s) to shop for something else on the website – no additional discounts can be applied through Shop Now. A refund or store credit is sent back to the original payment method or as store credit via e-gift card when Shady Rays receives the return. Mystery pairs and items marked as Final Sale are not available for return or exchange. Prescription orders may be returned within 30 days of purchase for a refund or one (1) remake if unsatisfied; send such requests to contact@shadyrayspolarized.com. Please refer to Shady Rays’ current Return and Exchange Policy for additional information.

30. Courier Specific Delivery Errors

Once your order is packed and given to the shipping courier (USPS, UPS, Fedex or DHL), delivery of that package is expected but out of our direct control. If your order shows fulfilled in our system and delivered via courier tracking but you do not have your product for any reason, we reserve the right at our sole discretion to determine whether to re-ship it, and our team may require an additional shipping fee to do so. Approved re-shipments may not happen more than once per order, and all requests must be made within 30 days of your order showing fulfilled; after that we are unable to re-ship under any circumstances. Please reach out to contact@shadyrayspolarized.com if a shipment has not arrived.

31. Product Discount Application

All discount codes and related promotional pricing apply only when entered by the customer during checkout on our website. Orders placed prior to a sale or other promotion are not eligible for future sales or promotions, regardless of whether the order has shipped or arrived. Coupon codes valid during a particular purchase but not input by the customer during checkout cannot be applied to that order after the sale is complete.

32. Additional Policies

For more information about our additional policies, including our Lost & Broken Replacement Program, Limited Lifetime Craftsmanship Warranty and Prescription Policies, more information can be seen here.