Terms of service

TERMS OF SERVICE

AM Alder Miller  •  aldermiller.com

Effective: January 1, 2027  •  Last Updated: January 1, 2027

 

These Terms of Service ("Terms") govern your access to and use of aldermiller.com and all products and services offered by AM AlderMiller, LLC, doing business as AM Alder Miller ("AM Alder Miller," "we," "us," or "our"). Our principal office is located at 4620 Pacific Avenue, Tacoma, Washington 98408.

By visiting aldermiller.com, creating an account, or placing an order, you agree to these Terms and to our Privacy Policy (aldermiller.com/policies/privacy-policy), Return & Refund Policy (aldermiller.com/policies/refund-policy), and Prescription Policy (aldermiller.com/pages/prescription-policy), all of which are incorporated into these Terms by reference.

If you do not agree to these Terms, please do not use the website or place an order. Your continued use of aldermiller.com after any update to these Terms constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Washington, USA. Disputes are resolved in Pierce County, Washington. See Section 17 for the full governing law and dispute resolution provisions.

You must be at least 18 years of age to place an order on aldermiller.com. If you are between 13 and 17, a parent or legal guardian must review and approve your order, including your prescription submission.

You may not use aldermiller.com if: (a) you are prohibited from receiving products or services under the laws of the United States or any applicable jurisdiction; or (b) you are located in a jurisdiction where AM Alder Miller cannot legally ship prescription eyewear.

By placing an order, you represent that you have the legal authority to purchase prescription eyewear and that the prescription you submit was issued to you by a licensed eye care provider.

AM Alder Miller sells prescription eyewear. By placing a prescription order, you acknowledge and agree to the following:

•    You have a valid, current eyeglass prescription from a licensed optometrist or ophthalmologist. AM Alder Miller does not perform eye examinations.

•    You are responsible for submitting accurate prescription values. AM Alder Miller’s reviewing optometrist verifies completeness and reasonableness but cannot independently confirm the accuracy of values you enter without reference to your original written prescription.

•    You authorize AM Alder Miller’s reviewing optometrist to contact your prescribing eye care provider to verify your prescription if needed.

•    Prescription eyewear requires an adaptation period. Particularly for progressive lenses, discomfort during the first 1–4 weeks is normal and does not indicate a product defect.

•    AM Alder Miller cannot guarantee that eyewear fabricated from your prescription will be suitable for activities requiring perfect visual acuity (driving at night, operating heavy machinery, certain sports). Always consult your eye care provider about appropriate eyewear for specific activities.

•    Your prescription data is Protected Health Information and consumer health data governed by our Prescription Policy (aldermiller.com/pages/prescription-policy) and Consumer Health Data Privacy Notice (aldermiller.com/pages/consumer-health-data-privacy-notice).

All products displayed on aldermiller.com are available while supplies last. AM Alder Miller reserves the right to discontinue any product or frame style at any time. Prescription lens types and materials are subject to your prescription values and our optical laboratory’s fabrication capabilities.

Product images on aldermiller.com are representative. Actual frame colors may vary slightly from screen representations due to monitor calibration, lighting conditions, and frame material. Color variation within industry-standard tolerances is not a product defect.

AM Alder Miller sells prescription eyewear for corrective vision use. Non-prescription ("plano") options are available on selected frames but are not a substitute for professional eye care.

5A.  Prices

All prices are displayed in US dollars and are subject to change without notice. The price displayed at checkout is the price you will be charged for that order. If a pricing error occurs on our website, AM Alder Miller reserves the right to cancel the affected order and issue a full refund rather than honor an incorrect price.

5B.  Taxes

Washington State sales tax applies to all orders shipped to Washington addresses. Sales tax for orders shipped to other states is calculated based on the laws of the destination state and the applicable nexus determinations for AM Alder Miller. Tax rates are calculated and displayed at checkout before you complete your purchase.

5C.  Payment Methods

AM Alder Miller accepts major credit cards (Visa, Mastercard, American Express, Discover), debit cards, Shop Pay, Apple Pay, Google Pay, and FSA/HSA debit cards for prescription eyewear purchases. FSA/HSA cards are accepted under Merchant Category Code 8042 (Opticians, Optical Goods, and Eyeglasses). Payment is charged at the time your order is placed.

5D.  FSA and HSA Payments

Prescription eyewear qualifies as a medical expense under IRS Publication 502, making it eligible for FSA and HSA payment. Non-prescription (plano) lenses and fashion frames without corrective lenses may not qualify as medical expenses under your FSA or HSA plan. Consult your plan administrator for eligibility questions before purchasing with FSA or HSA funds.

Placing an order on aldermiller.com constitutes an offer to purchase. Your order is confirmed when you receive an Order Confirmation email from AM Alder Miller. The contract for your purchase is formed at that point.

AM Alder Miller reserves the right to refuse or cancel any order at any time for reasons including: product unavailability, pricing errors, suspected fraud, inability to verify your prescription, or inability to ship to your address. If AM Alder Miller cancels your order, you will receive a full refund within 5–7 business days.

Order fulfillment for prescription eyewear requires prescription verification by our reviewing optometrist. Your order enters lens fabrication only after your prescription has been submitted and approved. See our Prescription Policy for the complete prescription submission and verification process.

7A.  Shipping Timeframes

AM Alder Miller ships prescription eyewear within the United States. Standard production time after prescription approval is 7–14 business days. Shipping time is in addition to production time. Specific delivery estimates are shown at checkout and in your Order Confirmation email.

These timeframes are estimates. AM Alder Miller makes reasonable efforts to meet them but cannot guarantee delivery dates due to carrier delays, weather events, or prescription verification holds.

7B.  FTC Mail/Internet Order Rule Compliance

AM Alder Miller complies with the FTC’s Mail, Internet, or Telephone Order Merchandise Rule (16 CFR Part 435). If AM Alder Miller cannot ship your order within the timeframe represented at checkout, we will notify you by email and give you the option to: (a) consent to a revised shipping date; or (b) cancel your order and receive a full refund. If you do not respond within the timeframe stated in our notification, we will treat your silence as consent to the revised date unless we cannot provide a definite revised date, in which case we will cancel your order and issue a full refund.

7C.  Title and Risk of Loss

Title and risk of loss for your order pass to you upon delivery to the shipping carrier. AM Alder Miller is not responsible for loss, theft, or damage that occurs after delivery is confirmed by the carrier. If your package appears lost or damaged in transit, email hello@aldermiller.com immediately and we will assist you in filing a carrier claim.

7D.  Shipping Address

You are responsible for providing an accurate and complete shipping address at checkout. AM Alder Miller cannot be held responsible for non-delivery caused by an incorrect or incomplete address. If your order is returned to us due to an address error, we will contact you to arrange re-shipment at your cost.

All content on aldermiller.com, including the AM Alder Miller name, logo, frame designs, product descriptions, photographs, written content, and website design, is the property of AM AlderMiller, LLC or its licensors and is protected by US copyright, trademark, and other intellectual property laws.

You may browse aldermiller.com and make copies of content solely for personal, non-commercial use. You may not reproduce, republish, distribute, sell, or create derivative works from any content on aldermiller.com without AM Alder Miller’s prior written permission. Unauthorized use of AM Alder Miller’s intellectual property may result in legal action.

The name "AM Alder Miller" and all associated logos are trademarks of AM AlderMiller, LLC. "AlderMiller" is a tribute to our co-founder, Dr. Jeanette Mary Ngoc Pham, O.D. (February 8, 2025). Any unauthorized use of these marks is prohibited.

9A.  Your Content

If you submit a review, photo, or other content to aldermiller.com, you grant AM Alder Miller a non-exclusive, royalty-free, perpetual, worldwide license to use, display, and reproduce that content on aldermiller.com and in AM Alder Miller’s marketing materials. You retain ownership of content you submit.

9B.  FTC Consumer Review Rule Compliance

AM Alder Miller complies with the FTC Consumer Review Rule (16 CFR Part 465). AM Alder Miller does not suppress, remove, or retaliate against consumer reviews based on their negative content, provided the review is genuine and does not contain false statements, personal information about another person, or content that is illegal, threatening, or unrelated to the product or service. AM Alder Miller may remove reviews that contain false factual claims, private personal information, threats, harassment, or spam.

AM Alder Miller does not pay for positive reviews. If AM Alder Miller offers a product discount or incentive in exchange for a review, the incentive is offered to all customers regardless of whether the review is positive or negative, and customers are required to disclose any incentive they received in their review.

You may not use aldermiller.com to:

•    Submit false, fraudulent, or misleading prescription information

•    Impersonate any person or entity or misrepresent your affiliation with any person or entity

•    Engage in any activity that interferes with or disrupts the website or its servers

•    Use automated tools, bots, or scrapers to access, collect, or monitor content from aldermiller.com without AM Alder Miller’s prior written permission

•    Resell AM Alder Miller products commercially without authorization

•    Violate any applicable federal, state, or local law, including laws governing the purchase and use of prescription medical devices

AM ALDER MILLER PROVIDES THE WEBSITE AND PRODUCTS ON AN "AS IS" BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. AM ALDER MILLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR PRODUCTS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

AM Alder Miller does not warrant that: (a) the website will be uninterrupted or error-free; (b) defects will be corrected; (c) the website is free of viruses or other harmful components; or (d) any product will produce a specific visual outcome beyond the ANSI Z80.1-2025 fabrication tolerances described in our Prescription Policy and Return & Refund Policy.

Nothing in these Terms limits AM Alder Miller’s responsibility for physical products under applicable Washington State product liability law or the implied warranty of merchantability for goods under RCW Title 62A (Washington’s Uniform Commercial Code).

TO THE MAXIMUM EXTENT PERMITTED BY WASHINGTON STATE LAW, AM ALDER MILLER’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF ALDERMILLER.COM OR ANY PRODUCT PURCHASED FROM AM ALDER MILLER SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

AM Alder Miller shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the website or any product, even if AM Alder Miller has been advised of the possibility of such damages.

This limitation of liability does not apply to: (a) damages caused by AM Alder Miller’s gross negligence or willful misconduct; (b) personal injury claims caused by defective products; or (c) any liability that cannot be limited under Washington State law, including claims under the Washington Consumer Protection Act (RCW 19.86).

You agree to indemnify, defend, and hold harmless AM AlderMiller, LLC, its members, managers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of aldermiller.com; (b) your violation of these Terms; (c) your submission of false or fraudulent prescription information; or (d) your violation of any third-party right.

By placing an order, you agree to receive transactional emails related to your order (Order Confirmation, prescription submission link, OD review status, shipping confirmation, and tracking updates). These transactional emails are not marketing communications and are required to fulfill your order.

Marketing emails: AM Alder Miller will send promotional emails only with your separate, affirmative consent. You may opt out of marketing emails at any time by clicking the unsubscribe link in any marketing email or emailing hello@aldermiller.com with subject "Unsubscribe." Unsubscribe requests are processed within 10 business days.

AM Alder Miller complies with the Washington Commercial Electronic Mail Act (CEMA, RCW 19.190), including the Washington Supreme Court’s April 2025 interpretation of CEMA’s subject line disclosure requirements. All marketing emails from AM Alder Miller will clearly identify themselves as advertisements where required by applicable law.

aldermiller.com may contain links to third-party websites, including our optical laboratory’s tracking portal, shipping carriers, FSA/HSA plan administrators, and eye care provider locators. These links are provided for convenience only. AM Alder Miller does not control, endorse, or take responsibility for the content, privacy practices, or accuracy of any third-party website.

AM Alder Miller may update these Terms at any time. When we do, we will update the "Last Updated" date at the top. For material changes that affect your rights or obligations, we will notify you by email (if you have placed an order with us) or by posting a prominent notice on aldermiller.com at least 14 days before the change takes effect. Your continued use of aldermiller.com after the effective date of any change constitutes acceptance of the updated Terms.

17A.  Governing Law

These Terms and any dispute arising from your use of aldermiller.com or any purchase from AM Alder Miller are governed by the laws of the State of Washington, USA, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17B.  Informal Resolution First

Before initiating any formal dispute proceeding, you agree to contact AM Alder Miller at hello@aldermiller.com and give us 30 days to resolve your concern informally. AM Alder Miller will make a good-faith effort to resolve any dispute within that period. Most customer concerns are resolved quickly at this stage.

17C.  Venue

For any dispute that cannot be resolved informally, you agree that exclusive jurisdiction and venue lies in the state or federal courts located in Pierce County, Washington. You consent to personal jurisdiction in those courts. This does not limit your ability to file a complaint with the Washington Attorney General’s Consumer Resource Center (atg.wa.gov) or the FTC (ftc.gov).

17D.  No Class Action Waiver for Consumer Claims

AM Alder Miller does not include a class action waiver or mandatory arbitration clause in these Terms for consumer product purchases, consistent with Washington State public policy and the Washington Consumer Protection Act (RCW 19.86). You retain your right to participate in class actions related to consumer product purchases to the extent permitted by applicable law.

17E.  Washington Consumer Protection Act

Nothing in these Terms limits your rights under the Washington Consumer Protection Act (RCW 19.86). These statutory rights cannot be waived by contract.

For questions about these Terms, your order, or AM Alder Miller’s products and services:

•    General inquiries: hello@aldermiller.com

•    Privacy and health data requests: privacy@aldermiller.com

•    Privacy request form: aldermiller.com/pages/privacy-request

•    Mail: AM AlderMiller, LLC — 4620 Pacific Avenue, Tacoma, Washington 98408

•    Business hours: Monday–Friday, 9 AM–5 PM Pacific Time

Washington State residents may also contact the Consumer Resource Center at atg.wa.gov or 1-800-551-4636.