Last Updated: 11/20/2025

OPAL TERMS OF SERVICE (Customers)

I. INTRODUCTION AND OVERVIEW

Welcome to Opal, the destination for all your contact lens and other vision care product needs (“Opal” or the “Services”). Bausch & Lomb Americas Inc. and its affiliates (collectively, "Bausch + Lomb," "we," "us," and "our") has created Opal to make buying contact lenses and other vision products easier, by allowing our Customers to purchase both contact lenses and their vision care products directly via the Website, or directly from your Opal Provider(s).

BY SIGNING UP FOR A CUSTOMER ACCOUNT WITH US, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE, WHICH INCORPORATE BY REFERENCE OUR LEGAL NOTICE, Opal Privacy Policy, Bausch + Lomb’s Privacy Policy and our Consumer Health Privacy Policy, (COLLECTIVELY, “TERMS”), AND WHICH FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BAUSCH + LOMB. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, REQUIRING INDIVIDUAL BINDING ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND BAUSCH + LOMB, AND WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT SIGN UP FOR AN ACCOUNT WITH US.

II. ABOUT US

Bausch & Lomb Americas Inc. is a Delaware corporation. Bausch + Lomb is a leading global eye health company dedicated to protecting and enhancing the gift of sight for millions of people around the world – from the moment of birth through every phase of life. Our mission is simple, yet powerful: helping you see better to live better all over the world—that’s why we started and what we still strive for today. Through unwavering focus rooted in innovation, quality, and craftsmanship, we continue to pursue our lifelong vision of protecting and enhancing the gift of sight through every phase of life.

III. DEFINITIONS

“Auto-Delivery” means the program that our Customers can sign up for to automatically renew and ship the item(s) of their choice.

“Customer” means a natural person who has set up an account with us on the Website.

“Provider(s)” means the eye care provider that has provided and confirmed your prescription for contact lens.

“Website” means the Opal platform.

IV. CUSTOMER ACCOUNT CREATION

If you choose to become a Customer, you must create an account and can do so once you receive an invitation from your Provider. As a condition of creating an account with us, you agree to provide accurate and complete information, and to update such information as needed to ensure it remains accurate and complete. If you notice or realize that your account has been compromised, that you notify us as soon as possible by emailing us at: Cybersecurity@bausch.com. Additionally, you are responsible for maintaining the confidentiality of your account, including your username and password, and for restricting access to your computer. You are also responsible for all activities that occur through your account, unless you notify us of a compromise or concern.

We reserve the right to refuse service to and/or terminate a Customer account(s) at any time, with or without notice, if a Customer violates the Terms or if we decide, in our sole discretion, that such cancellation is necessary. We also reserve the right to suspend a Customer’s account or access to an account as needed to protect the security and integrity of the account and/or the Opal platform.

V. CUSTOMER ACCOUNT REQUIREMENTS, RESTRICTIONS AND TERMINATION

You must be 18 years of age or older and live in the United States in order to create a Customer account with us. If You are the parent or guardian of a minor in need of contact lenses, then you can order lenses on their behalf after providing consent on the minor’s behalf.

You do not need a prescription for contact lenses to create an account with us, and if you prefer, can use your account for purchasing other vision care products only. If you do wish to purchase contact lens via Opal, we will either need you to either upload a valid prescription for the lens, which we will then confirm with your Provider, or to provide us with your Provider information so that we may obtain your prescription directly from the Provider. Please note that at this time, we can only obtain prescriptions from those Providers that have an account on the Opal platform.

Customer accounts can only be used by the person that signed up for the account. It is prohibited to create an account on another person’s behalf, unless you are a parent or guardian creating an account to purchase contact lens on your child’s behalf as noted above.

You can terminate your account at any time. When you terminate your account, we will delete all account information, including information relating to your prescription, unless you consent otherwise, subject to applicable law. If you have a subscription with us at the time you terminate your account, the subscription will also terminate, but if the product as already been shipped out before the termination became effective, you will still be charged for the same.

VI. TERMS OF SALE / SHIPPING & RETURN POLICY

Please refer to the Terms of Sale offered by your Provider. Please also see Bausch + Lomb’s Shipping and Returns policies.

VII. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website is provided free of charge and on that basis, we have no obligation to provide any maintenance or support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website.

VIII. YOUR OBLIGATIONS AND RESPONSIBILITIES

In the access or use of the Website and your Customer account, you shall comply with these Terms and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass Bausch + Lomb personnel. You may not use the Website for commercial purposes. No unsolicited email (spam), or advertising or promotional materials may be directed to or through this Website. You may not use this Website in order to transmit, distribute, store or destroy (through viruses or any other computer code, files, or programs which might in any way interrupt, limit, or interfere with the Website or Bausch + Lomb’s business material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. You agree that you will abide by any third-party company policies and terms necessary in using our Website (such as a third-party publisher terms of use or Facebook, Twitter or YouTube terms of use). IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY), YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO BAUSCH + LOMB, OUR AFFILIATES, PARTNERS, OR LICENSORS.

IX. YOUR PRIVACY

Our Privacy Policies, namely, Opal Privacy Policy, Bausch + Lomb’s Privacy Policy and our Consumer Health Data Privacy Policy, also govern your visit to our Website and describe what information we collect from you, and how that information is used, shared, secured, and eventually deleted.

X. ELECTRONIC COMMUNICATIONS

The information communicated on the Website constitutes an electronic communication. When You communicate with us through the Website or via other forms of electronic media, such as e-mail you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

XI. PAYMENT

We utilize a third-party provider, Stripe, to collect and process your payment information. You can learn more about Stripe’s privacy policy here: https://stripe.com/privacy. Payment is due at the time of purchase and will be charged at the time of shipping for any auto-Renewals. We will never reach out to you directly to ask you for your payment information. All purchases on Opal are governed by our Terms of Sale as noted above.

XII. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, Bausch + Lomb, its affiliates, parent, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys" fees, resulting from any violation of these Terms by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

This provision does not require you to indemnify us for any unconscionable commercial practice or for fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Website.

XIII. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS ON THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. THE TERMS IN THIS SECTION ARE VALID ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

ADDITIONALLY FOR RESIDENTS OF NEW JERSEY, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

XIV. JURISDICTION; ARBITRATION AGREEMENT FOR CUSTOMERS

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

WE BOTH AGREE TO ARBITRATE: You and Bausch + Lomb agree to resolve any claims relating to your purchase or, if you are a Customer, these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this Arbitration Agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Bausch + Lomb, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BAUSCH + LOMB WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.

OPT-OUT OF ARBITRATION AGREEMENT: You can decline this Arbitration Agreement by emailing us at legal@orveonglobal.com and providing the requested information as follows: (1)Your Name; (2) the URL to these Terms; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the Website.

CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Arbitration Agreement permits the parties to litigate in court, these Terms shall be governed by the laws of New York as if the Terms were a contract wholly entered into and wholly performed within New York. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in New York County, New York, or (ii) the United State District Court for the Southern District of New York.

XV. SEVERABILITY

If any provision in these Terms is held to be invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms shall remain in effect.

XVI. CHANGE OF THE TERMS

We reserve the right, in our sole discretion, to change these Terms at any time by posting the changes on the Website and revising the Last Updated date at the top of these Terms. Any changes are effective immediately upon posting to the Website and accessible via your Customer account. If you do not agree with any of the changes you should stop using the Website and/or delete your account.

XVII. MOBILE FEATURES

We may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to browse the Website from your mobile device, upload content to the Website, receive messages from the Website, download applications to your mobile phone or access Website features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier when you use the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You will receive a maximum of 10 messages per month.

You can cancel this service at any time. Just text "STOP" to Short Code 62518. After you send the message "STOP", we will reply with a message to confirm that you have unsubscribed. After this, you will no longer receive messages from us. If you want to rejoin, just sign up as you did the first time and we will start sending messages again. If at any time you forget what keywords are supported, text "HELP" to Short Code 62518. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

For all questions about the services provided by this short code, you can send an email to info@opaleyes.com or call on 1-866-246-8245. If you have any questions regarding privacy, please read our privacy policy.

XIX. LINKING/SCRAPING

You may not link the Website to any other site without Bausch + Lomb’s prior written consent. If and where the Website provides a link(s) to any third-party website, such website may not be under Bausch + Lomb’s control and accordingly we will have no responsibility for, and do not make any representations or warranties with respect to, such website or any content, products or services in connection therewith, and Bausch + Lomb does not endorse any of the same. Bausch + Lomb does not consent to this Website being scrapping by bot, automated means, or any other means, and/or used in a data set or to train any automated systems, including but not limited to any artificial intelligence.

XX. USER GENERATED CONTENT

Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us (“User Generated Content”) will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of User Generated Content may not be returned and we may use your User Generated Content, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You agree that you will not provide to us any User Generated Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Bausch + Lomb; that you will not post any User Generated Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Laura Mercier Cosmetics, or misrepresent an affiliation with another person or organization; you will not post any User Generated Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. We have to right to refuse to post, reject, delete, reformat and edit all User Generated Content, in our sole discretion.

XXI. CONTACT US

If you have any questions or concerns about the Terms or any aspect of your account or our products, please contact us at help@opaleyes.com. For any inquires related to your personal information or privacy rights, please contact us at u.s.privacy@bausch.com.

XXII. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, under California Civil Code Section 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Opal platform you may contact Bausch + Lomb at 1-833-602-7625 or email at: help@opaleyes.com. You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.