IMPORTANT: ALL USERS MUST READ THESE TERMS
Acceptance of Terms of Use. Please carefully read On Your Face Glasses’ Terms of Use and Privacy Policy (collectively, the “Terms of Use”) before accessing, purchasing from, or using the Site. By accessing or using OnYourFaceGlasses.com (the “Site”), you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on the Site; (2) by actually using the Site; and/or, (3) by making purchases from the Site. BY USING THE WEBSITE, YOU AGREE TO THIS AGREEMENT IN FULL. IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL, DO NOT USE THE WEBSITE. EXCEPT AS OTHERWISE PROVIDED, THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE WEBSITE AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ORDER ANY ITEMS THROUGH THIS WEBSITE.
Acceptance of Terms of Use. Please carefully read On Your Face Glasses’ Terms of Use and Privacy Policy (collectively, the “Terms of Use”) before accessing, purchasing from, or using the Site. By accessing or using OnYourFaceGlasses.com (the “Site”), you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on the Site; (2) by actually using the Site; and/or, (3) by making purchases from the Site. BY USING THE WEBSITE, YOU AGREE TO THIS AGREEMENT IN FULL. IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL, DO NOT USE THE WEBSITE. EXCEPT AS OTHERWISE PROVIDED, THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE WEBSITE AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ORDER ANY ITEMS THROUGH THIS WEBSITE.
NO PROFESSIONAL ADVICE
No medical advice is given by On Your Face Glasses. Any information supplied through the Site, On Your Face Glasses materials, any of On Your Face Glasses’ employees, and/or any of On Your Face Glasses’ agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Health-related information provided through this Site is not a substitute for medical advice, and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to On Your Face Glasses does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy. On Your Face Glasses requires that you have a valid prescription from a licensed eye care provider prior to processing any orders.
No medical advice is given by On Your Face Glasses. Any information supplied through the Site, On Your Face Glasses materials, any of On Your Face Glasses’ employees, and/or any of On Your Face Glasses’ agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Health-related information provided through this Site is not a substitute for medical advice, and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to On Your Face Glasses does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy. On Your Face Glasses requires that you have a valid prescription from a licensed eye care provider prior to processing any orders.
GENERAL
The Site. On Your Face Glasses allows you to purchase items from the Site. These Terms of Use govern the use of this Site by you. By using this Site (other than to read these Terms of Use for the first time) or by creating an account, you agree to comply with these Terms of Use. The right to use this Site is personal to you and is not transferable to any other person or entity. You agree that you are responsible for protecting the confidentiality of your password if you create an account. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States and laws regarding the disposal and/or export of prescription glasses. Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that On Your Face Glasses, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Site. Your Account. In order to purchase items through this Site, you may establish an account with On Your Face Glasses. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of items through the use of the Site that occur under your account or your account password. You acknowledge and agree that On Your Face Glasses may access, preserve, and disclose your account information, all User Communications (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if On Your Face Glasses is required to do so by law or legal process or if On Your Face Glasses determines, in its sole discretion, that such action is necessary to protect the rights of On Your Face Glasses, third parties, and other users of the Site or for purposes of responding to your request for customer service. On Your Face Glasses’ right to disclose any such information shall govern over any terms of our Privacy Policy. If you choose not to establish an account, you agree and acknowledge that your rights to return items, including defective items, look up previous orders, and other features of the Site may be limited. Changes to the Terms of Use. On Your Face Glasses reserves the right to make any modification to these Terms of Use as On Your Face Glasses deems necessary or desirable without prior notification to you. On Your Face Glasses suggests, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. If On Your Face Glasses makes changes to our Terms of Use and you continue to use the Site, including, but not limited to, logging into your account or purchasing items from On Your Face Glasses, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications. Please note any deletions or modifications to these Terms of Use shall be effective immediately upon On Your Face Glasses’ posting thereof. Privacy Policy. On Your Face Glasses cares about your privacy. On Your Face Glasses’ Privacy Policy applies to the use of the Site, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of On Your Face Glasses and that communications with On Your Face Glasses can never be guaranteed to be secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Nonetheless, On Your Face Glasses employs reasonable measures to protect your information from unauthorized use or disclosure. While On Your Face Glasses makes these reasonable precautions against loss or theft of data, neither On Your Face Glasses nor its associates shall be responsible for any data lost or stolen while transmitting information on the Internet. While it is On Your Face Glasses’ objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.
The Site. On Your Face Glasses allows you to purchase items from the Site. These Terms of Use govern the use of this Site by you. By using this Site (other than to read these Terms of Use for the first time) or by creating an account, you agree to comply with these Terms of Use. The right to use this Site is personal to you and is not transferable to any other person or entity. You agree that you are responsible for protecting the confidentiality of your password if you create an account. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States and laws regarding the disposal and/or export of prescription glasses. Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that On Your Face Glasses, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Site. Your Account. In order to purchase items through this Site, you may establish an account with On Your Face Glasses. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of items through the use of the Site that occur under your account or your account password. You acknowledge and agree that On Your Face Glasses may access, preserve, and disclose your account information, all User Communications (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if On Your Face Glasses is required to do so by law or legal process or if On Your Face Glasses determines, in its sole discretion, that such action is necessary to protect the rights of On Your Face Glasses, third parties, and other users of the Site or for purposes of responding to your request for customer service. On Your Face Glasses’ right to disclose any such information shall govern over any terms of our Privacy Policy. If you choose not to establish an account, you agree and acknowledge that your rights to return items, including defective items, look up previous orders, and other features of the Site may be limited. Changes to the Terms of Use. On Your Face Glasses reserves the right to make any modification to these Terms of Use as On Your Face Glasses deems necessary or desirable without prior notification to you. On Your Face Glasses suggests, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. If On Your Face Glasses makes changes to our Terms of Use and you continue to use the Site, including, but not limited to, logging into your account or purchasing items from On Your Face Glasses, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications. Please note any deletions or modifications to these Terms of Use shall be effective immediately upon On Your Face Glasses’ posting thereof. Privacy Policy. On Your Face Glasses cares about your privacy. On Your Face Glasses’ Privacy Policy applies to the use of the Site, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of On Your Face Glasses and that communications with On Your Face Glasses can never be guaranteed to be secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Nonetheless, On Your Face Glasses employs reasonable measures to protect your information from unauthorized use or disclosure. While On Your Face Glasses makes these reasonable precautions against loss or theft of data, neither On Your Face Glasses nor its associates shall be responsible for any data lost or stolen while transmitting information on the Internet. While it is On Your Face Glasses’ objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.
TRY AT HOME AND PURCHASES
Try at home. On Your Face Glasses allows for a trial period of one week to test the frames you are considering purchasing. You may request up to three frame styles be sent to you on a trial basis. On Your Face Glasses pays those shipping fees. You authorize On Your Face Glasses to validate your credit card by authorizing (but not capturing payment) for $1 prior to sending the frames to you for the trial period. If the frames are not postmarked within seven days of their delivery to you, and if the frames do not arrive in new, unaltered and unused condition, with no signs of wear or damage in any way, then you authorize On Your Face Glasses to charge your credit card for the full price of the frames plus shipping and any applicable taxes and fees. Valid Prescription Required. By making any purchases through the Site, you hereby certify that you have a valid prescription for the eyeglasses that you are ordering from an optometrist or ophthalmologist. You represent and warrant to On Your Face Glasses by placing an order that the information you enter into the Site is valid and true and matches exactly your prescription as provided by your optometrist or ophthalmologist and has been issued within the past year and is not expired. You agree and acknowledge that you must submit a copy of your prescription via email, or through the Site, in order for your order to be processed. Your order will be produced to conform to the written prescription. You understand that On Your Face Glasses will not fulfill your order without a valid copy of your prescription. You hereby consent to our contacting your optometrist or ophthalmologist, if necessary, to verify your prescription information and any other necessary information and allow On Your Face Glasses to discuss your prescription with your eye care provider. You understand that On Your Face Glasses will not fulfill your order unless you have a valid prescription. Prescription Information. When you are examined by your optometrist or ophthalmologist, your practitioner must provide you with a paper copy of your prescription upon request. Keep in mind that glasses and contact lens prescriptions can be different, so you should ensure that you are sending a copy of your prescription for spectacle lenses, for the purpose you intend to use the glasses you are ordering, and not a prescription for contact lenses. You should submit with your eyeglass prescription the pupillary distance (PD) measurement your eye care provider gives you and, if applicable, segment height(s) for the purpose you intend to use the glasses you are ordering. Submitting the wrong prescription, PD or segment height(s) may delay your order, cause your order to be cancelled, or result in the wrong lenses being sent to you. Previous Glasses. On Your Face Glasses urges you to keep a pair of glasses as backup as there may be delays in processing your order or you may find that your new glasses need to be returned for some reason. Product Descriptions. In describing and portraying our products on the Site, On Your Face Glasses attempts to be as accurate as possible. However, On Your Face Glasses does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. On Your Face Glasses reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. In addition, you acknowledge that there may be variations in color and/or size due to the difference in what you see on a computer screen versus in real life. Returns. We accept returns for exchange or refund within 30 calendar days following delivery of the product, no questions asked. Items that are eligible for returns or exchanges 1) must be in new, unaltered and unused condition, with no signs of wear or damage in any way, and 2) must be free of ordinary wear and tear, or damage caused by improper use, improper storage or accidents. To return or exchange an item, you will need: 1) a Return Authorization, which On Your Face Glasses will issue when you call us, in order for your return to be processed; 2) proof of purchase (the receipt we emailed you); 3) package postmarked within 30 days of delivery to you; and 4) item(s) in original, or comparably protective, packaging. To return or exchange an item, follow these steps: 1) call On Your Face Glasses at 855-432-2452 to inform us you will be making the return or exchange. You must call before sending merchandise. 2) Enclose your item(s) in its original, or comparably protective, packaging. 3) Include a printed copy of your shipping invoice. 4) Your return must include a Return Authorization, which On Your Face Glasses will issue when you call us, in order for your return to be processed. 5) Follow any instructions received when you call. 6) Send to: On Your Face Glasses Returns 700 Colorado Boulevard, Suite 638 Denver, CO 80206 7. Get a tracking number from your shipping service. Please allow 7-10 business days for your credit to be processed. Once the credit is approved, On Your Face Glasses will apply the credit to the original method of payment. Different banks take varying amounts of time to post the credit to their accounts. Manufacturing Defects. If your frame, lens or sun clip contains a manufacturer’s defect, you can return them within a year of their delivery to you, for an exchange or refund. On Your Face Glasses will be the sole decision-maker as to whether the glasses contain a manufacturer’s defect, and if so, as to the type and extent of defect. Incorrect Orders. If you believe you have received the wrong frames, you must contact On Your Face Glasses within 24 hours of delivery to you and tell us which frames you expected to receive, and which frames you actually received. If we make an error producing your prescription, you may return your glasses within six (6) months, and we will replace your lenses at no cost. Shipping. When you place an order with On Your Face Glasses, your order will be shipped to the address designated by you as long as that shipping address can accept packages. On Your Face Glasses may require verification of information prior to the acceptance and/or shipment of any order. On Your Face Glasses reserves the right, without prior notice, to limit the order quantity on any product or service, and/or to refuse service to any customer. Shipping costs can be found beside each shipping option in the checkout process on OnYourFaceGlasses.com. The risk of loss and title for all products purchased from the Site pass to you upon On Your Face Glasses’ delivery to the shipping carrier. Non-Continental US/International Shipping. At this time On Your Face Glasses only ships to locations in the lower 48 United States. If you are outside of this area, please contact On Your Face Glasses for shipping availability. Taxes. At this time, On Your Face Glasses only collects taxes from buyers with shipping and/or payment addresses in Colorado, for non-medical, non-prescription products. If you are outside Colorado, you will be responsible for any taxes your jurisdictions assess. Payment. Payment for all products is processed through Stripe. Please refer to https://stripe.com/ for information regarding the use of any personal information you submit. Reselling Products Prohibited. You are absolutely prohibited from reselling in any manner any products you purchase from On Your Face Glasses, whether you purchased the products through the website or by any other means unless allowed under the laws of your state. Chargebacks. On Your Face Glasses takes pride in the quality of our customer service. Should an issue arise, connect with us directly to resolve the dispute. Any charges On Your Face Glasses incurs as a result of your chargeback will be billed to you.
Try at home. On Your Face Glasses allows for a trial period of one week to test the frames you are considering purchasing. You may request up to three frame styles be sent to you on a trial basis. On Your Face Glasses pays those shipping fees. You authorize On Your Face Glasses to validate your credit card by authorizing (but not capturing payment) for $1 prior to sending the frames to you for the trial period. If the frames are not postmarked within seven days of their delivery to you, and if the frames do not arrive in new, unaltered and unused condition, with no signs of wear or damage in any way, then you authorize On Your Face Glasses to charge your credit card for the full price of the frames plus shipping and any applicable taxes and fees. Valid Prescription Required. By making any purchases through the Site, you hereby certify that you have a valid prescription for the eyeglasses that you are ordering from an optometrist or ophthalmologist. You represent and warrant to On Your Face Glasses by placing an order that the information you enter into the Site is valid and true and matches exactly your prescription as provided by your optometrist or ophthalmologist and has been issued within the past year and is not expired. You agree and acknowledge that you must submit a copy of your prescription via email, or through the Site, in order for your order to be processed. Your order will be produced to conform to the written prescription. You understand that On Your Face Glasses will not fulfill your order without a valid copy of your prescription. You hereby consent to our contacting your optometrist or ophthalmologist, if necessary, to verify your prescription information and any other necessary information and allow On Your Face Glasses to discuss your prescription with your eye care provider. You understand that On Your Face Glasses will not fulfill your order unless you have a valid prescription. Prescription Information. When you are examined by your optometrist or ophthalmologist, your practitioner must provide you with a paper copy of your prescription upon request. Keep in mind that glasses and contact lens prescriptions can be different, so you should ensure that you are sending a copy of your prescription for spectacle lenses, for the purpose you intend to use the glasses you are ordering, and not a prescription for contact lenses. You should submit with your eyeglass prescription the pupillary distance (PD) measurement your eye care provider gives you and, if applicable, segment height(s) for the purpose you intend to use the glasses you are ordering. Submitting the wrong prescription, PD or segment height(s) may delay your order, cause your order to be cancelled, or result in the wrong lenses being sent to you. Previous Glasses. On Your Face Glasses urges you to keep a pair of glasses as backup as there may be delays in processing your order or you may find that your new glasses need to be returned for some reason. Product Descriptions. In describing and portraying our products on the Site, On Your Face Glasses attempts to be as accurate as possible. However, On Your Face Glasses does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. On Your Face Glasses reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. In addition, you acknowledge that there may be variations in color and/or size due to the difference in what you see on a computer screen versus in real life. Returns. We accept returns for exchange or refund within 30 calendar days following delivery of the product, no questions asked. Items that are eligible for returns or exchanges 1) must be in new, unaltered and unused condition, with no signs of wear or damage in any way, and 2) must be free of ordinary wear and tear, or damage caused by improper use, improper storage or accidents. To return or exchange an item, you will need: 1) a Return Authorization, which On Your Face Glasses will issue when you call us, in order for your return to be processed; 2) proof of purchase (the receipt we emailed you); 3) package postmarked within 30 days of delivery to you; and 4) item(s) in original, or comparably protective, packaging. To return or exchange an item, follow these steps: 1) call On Your Face Glasses at 855-432-2452 to inform us you will be making the return or exchange. You must call before sending merchandise. 2) Enclose your item(s) in its original, or comparably protective, packaging. 3) Include a printed copy of your shipping invoice. 4) Your return must include a Return Authorization, which On Your Face Glasses will issue when you call us, in order for your return to be processed. 5) Follow any instructions received when you call. 6) Send to: On Your Face Glasses Returns 700 Colorado Boulevard, Suite 638 Denver, CO 80206 7. Get a tracking number from your shipping service. Please allow 7-10 business days for your credit to be processed. Once the credit is approved, On Your Face Glasses will apply the credit to the original method of payment. Different banks take varying amounts of time to post the credit to their accounts. Manufacturing Defects. If your frame, lens or sun clip contains a manufacturer’s defect, you can return them within a year of their delivery to you, for an exchange or refund. On Your Face Glasses will be the sole decision-maker as to whether the glasses contain a manufacturer’s defect, and if so, as to the type and extent of defect. Incorrect Orders. If you believe you have received the wrong frames, you must contact On Your Face Glasses within 24 hours of delivery to you and tell us which frames you expected to receive, and which frames you actually received. If we make an error producing your prescription, you may return your glasses within six (6) months, and we will replace your lenses at no cost. Shipping. When you place an order with On Your Face Glasses, your order will be shipped to the address designated by you as long as that shipping address can accept packages. On Your Face Glasses may require verification of information prior to the acceptance and/or shipment of any order. On Your Face Glasses reserves the right, without prior notice, to limit the order quantity on any product or service, and/or to refuse service to any customer. Shipping costs can be found beside each shipping option in the checkout process on OnYourFaceGlasses.com. The risk of loss and title for all products purchased from the Site pass to you upon On Your Face Glasses’ delivery to the shipping carrier. Non-Continental US/International Shipping. At this time On Your Face Glasses only ships to locations in the lower 48 United States. If you are outside of this area, please contact On Your Face Glasses for shipping availability. Taxes. At this time, On Your Face Glasses only collects taxes from buyers with shipping and/or payment addresses in Colorado, for non-medical, non-prescription products. If you are outside Colorado, you will be responsible for any taxes your jurisdictions assess. Payment. Payment for all products is processed through Stripe. Please refer to https://stripe.com/ for information regarding the use of any personal information you submit. Reselling Products Prohibited. You are absolutely prohibited from reselling in any manner any products you purchase from On Your Face Glasses, whether you purchased the products through the website or by any other means unless allowed under the laws of your state. Chargebacks. On Your Face Glasses takes pride in the quality of our customer service. Should an issue arise, connect with us directly to resolve the dispute. Any charges On Your Face Glasses incurs as a result of your chargeback will be billed to you.
Intellectual Property
Change in the Site, its Contents, and its Features. On Your Face Glasses reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or items offered through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. On Your Face Glasses may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You agree that On Your Face Glasses shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further, On Your Face Glasses may request additional information at any time by you to update or enhance benefits and/or use of the Site. Communications. This Site and all content contained within are private property. All interactions on this Site must comply with these Terms of Use. By submitting material to the Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. posting area) or by private transmission (i.e. email and/or letter to On Your Face Glasses), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted On Your Face Glasses a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You agree that On Your Face Glasses may use any User Communication for any purpose in On Your Face Glasses’ sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that On Your Face Glasses shall be under no obligation to maintain any User Communication in confidence; to pay compensation for any User Communication; and/or to monitor, use, return, review or respond to any User Communication. Your Responsibility. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site and agree that you will not hold On Your Face Glasses responsible or liable for any User Communication from another user that you access on the Site. Moreover, On Your Face Glasses reserves the right to delete any User Communication from our Site, including, but not limited to, negative feedback if On Your Face Glasses finds that such feedback is untrue or abusive. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that On Your Face Glasses is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications. Copyright and Trademarks. The Site is owned and controlled by On Your Face Glasses and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by On Your Face Glasses. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF ON YOUR FACE GLASSES IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any of the Content without permission from On Your Face Glasses unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose. On Your Face Glasses also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation. On Your Face Glasses does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of On Your Face Glasses and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of On Your Face Glasses, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of On Your Face Glasses, unless otherwise stated. Copyright and Trademark Complaints. On Your Face Glasses respects the intellectual property rights of others. On Your Face Glasses is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and On Your Face Glasses requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When On Your Face Glasses receives proper Notification of Alleged Copyright Infringement, On Your Face Glasses promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another’s rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please contact info@OnYourFaceGlasses.com to report infringement of your copyright. On Your Face Glasses may, at its sole discretion, terminate users who are deemed by On Your Face Glasses to be have committed copyright infringement, whether or not there is any repeat infringement. Links to the Site; Third Party Links on the Site; Third Party Content on the Site. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable federal and state laws, statutes, rules, and regulations. The Site may contain links to other websites that are not owned, operated, or controlled by On Your Face Glasses (“Third Party Sites”) as well as articles, menus, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). All such links are provided solely as a convenience to you. If you use these links, you will leave the Site and On Your Face Glasses cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by On Your Face Glasses. Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by On Your Face Glasses. On Your Face Glasses is not responsible for any Third Party Sites accessed through the Site or any content posted by any users on this Site or any Third Party Sites regarding On Your Face Glasses. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that On Your Face Glasses’ terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Site to which you navigate from this Site.
Change in the Site, its Contents, and its Features. On Your Face Glasses reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or items offered through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. On Your Face Glasses may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You agree that On Your Face Glasses shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further, On Your Face Glasses may request additional information at any time by you to update or enhance benefits and/or use of the Site. Communications. This Site and all content contained within are private property. All interactions on this Site must comply with these Terms of Use. By submitting material to the Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. posting area) or by private transmission (i.e. email and/or letter to On Your Face Glasses), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted On Your Face Glasses a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You agree that On Your Face Glasses may use any User Communication for any purpose in On Your Face Glasses’ sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that On Your Face Glasses shall be under no obligation to maintain any User Communication in confidence; to pay compensation for any User Communication; and/or to monitor, use, return, review or respond to any User Communication. Your Responsibility. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site and agree that you will not hold On Your Face Glasses responsible or liable for any User Communication from another user that you access on the Site. Moreover, On Your Face Glasses reserves the right to delete any User Communication from our Site, including, but not limited to, negative feedback if On Your Face Glasses finds that such feedback is untrue or abusive. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that On Your Face Glasses is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications. Copyright and Trademarks. The Site is owned and controlled by On Your Face Glasses and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by On Your Face Glasses. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF ON YOUR FACE GLASSES IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any of the Content without permission from On Your Face Glasses unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose. On Your Face Glasses also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation. On Your Face Glasses does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of On Your Face Glasses and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of On Your Face Glasses, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of On Your Face Glasses, unless otherwise stated. Copyright and Trademark Complaints. On Your Face Glasses respects the intellectual property rights of others. On Your Face Glasses is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and On Your Face Glasses requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When On Your Face Glasses receives proper Notification of Alleged Copyright Infringement, On Your Face Glasses promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another’s rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please contact info@OnYourFaceGlasses.com to report infringement of your copyright. On Your Face Glasses may, at its sole discretion, terminate users who are deemed by On Your Face Glasses to be have committed copyright infringement, whether or not there is any repeat infringement. Links to the Site; Third Party Links on the Site; Third Party Content on the Site. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable federal and state laws, statutes, rules, and regulations. The Site may contain links to other websites that are not owned, operated, or controlled by On Your Face Glasses (“Third Party Sites”) as well as articles, menus, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). All such links are provided solely as a convenience to you. If you use these links, you will leave the Site and On Your Face Glasses cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by On Your Face Glasses. Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by On Your Face Glasses. On Your Face Glasses is not responsible for any Third Party Sites accessed through the Site or any content posted by any users on this Site or any Third Party Sites regarding On Your Face Glasses. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that On Your Face Glasses’ terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Site to which you navigate from this Site.
Warranties/Disclaimers
Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER ON YOUR FACE GLASSES, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS PURCHASED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ON YOUR FACE GLASSES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL ON YOUR FACE GLASSES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE.YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ON YOUR FACE GLASSES, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. ON YOUR FACE GLASSES IS NOT RESPONSIBLE FOR ANY CONTENT THAT AN ENDUSER OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY ON YOUR FACE GLASSES.MOREOVER, ON YOUR FACE GLASSES RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT, ON YOUR FACE GLASSES, DEEMS UNSUITABLE. Use of Items. YOUR USE OF ANY ITEMS PURCHASED FROM THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL ON YOUR FACE GLASSES BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF ITEMS. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY ITEM YOU BUY AND AGREE TO INDEMNIFY AND HOLD HARMLESS ON YOURFACE GLASSES FOR ANY INJURIES CAUSED BY THE USE OF SUCH ITEMS. Limitation on Damages. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if On Your Face Glasses is otherwise found to be liable to you in any manner, then On Your Face Glasses’ aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten United States dollars. You agree to defend, indemnify, and hold harmless On Your Face Glasses, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; and/or (3) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER ON YOUR FACE GLASSES, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS PURCHASED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ON YOUR FACE GLASSES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL ON YOUR FACE GLASSES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE.YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ON YOUR FACE GLASSES, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. ON YOUR FACE GLASSES IS NOT RESPONSIBLE FOR ANY CONTENT THAT AN ENDUSER OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY ON YOUR FACE GLASSES.MOREOVER, ON YOUR FACE GLASSES RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT, ON YOUR FACE GLASSES, DEEMS UNSUITABLE. Use of Items. YOUR USE OF ANY ITEMS PURCHASED FROM THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL ON YOUR FACE GLASSES BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF ITEMS. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY ITEM YOU BUY AND AGREE TO INDEMNIFY AND HOLD HARMLESS ON YOURFACE GLASSES FOR ANY INJURIES CAUSED BY THE USE OF SUCH ITEMS. Limitation on Damages. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if On Your Face Glasses is otherwise found to be liable to you in any manner, then On Your Face Glasses’ aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten United States dollars. You agree to defend, indemnify, and hold harmless On Your Face Glasses, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; and/or (3) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Termination
Either you or On Your Face Glasses may terminate these Terms of Use at any time. You may terminate these by ceasing all use of the Site. On Your Face Glasses may terminate these by ceasing to offer the Site to you and/or the general public or by sending notification that you can’t use the Site. If you have purchased any items from On Your Face Glasses prior to termination and such items have been shipped to you, you will still be required to remit payment for such items. If you have purchased any items from On Your Face Glasses prior to termination and such items are already being processed, you shall be required to pay for the items.
Either you or On Your Face Glasses may terminate these Terms of Use at any time. You may terminate these by ceasing all use of the Site. On Your Face Glasses may terminate these by ceasing to offer the Site to you and/or the general public or by sending notification that you can’t use the Site. If you have purchased any items from On Your Face Glasses prior to termination and such items have been shipped to you, you will still be required to remit payment for such items. If you have purchased any items from On Your Face Glasses prior to termination and such items are already being processed, you shall be required to pay for the items.
Miscellaneous
Severability. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect. Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and On Your Face Glasses. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado. Indemnity. You agree to indemnify and hold On Your Face Glasses, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party. Electronic Communications. You consent to receive electronic communications from On Your Face Glasses either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
Severability. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect. Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and On Your Face Glasses. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado. Indemnity. You agree to indemnify and hold On Your Face Glasses, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party. Electronic Communications. You consent to receive electronic communications from On Your Face Glasses either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
