2. Agreement to terms and conditions
This Agreement applies to your use of the Site. This Agreement also applies to your purchase of any product sold on the Site. By using the Site, accessing information on the Site, ordering any product or accepting delivery of any product, means that you have read, understood, and agreed to this Agreement and agree to be legally bound by the terms of this Agreement. This Agreement constitutes the entire and only agreement between eyebobs and you regarding your use of the Site. All prior or contemporaneous representations, warranties, conditions and understandings regarding your use of the Site, or your purchase of any product, are specifically disclaimed and superseded by this Agreement.
If you do not agree with the terms of this Agreement, or if you disagree with specific parts of this Agreement, then do not use the Site. Your continued use of the Site means that you have agreed to all the terms of this Agreement. Your use of the Site is at your sole risk.
3. Compliance with laws
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding the use of the Site. When you use our website, you must not: (1) violate any law, statute, ordinance or regulation; (2) subject our website to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (3) cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (4) place an undue burden on the software and hardware used with our website, (5) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails; (6) seek to obtain personally identifiable information from other users of our website; or (7) modify or alter any part of our website. You agree that no comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
4. Users must be 13 and over
Any user of the Site represents to us that he or she has reached the legal age of majority in the state, province or territory in which they reside. If you are between ages 13 and the legal age of majority, and continue to use the Site, then your parent/legal guardian represents to us that he or she consents to this Agreement on your behalf, and that she or he consents to your use of the Site. A parent/legal guardian of a child between ages 13 and the legal age of majority is solely responsible for their child’s use of the Site, including all financial charges. We are not liable for any damages that may result from a user’s misrepresentation of age. No one under age 13 is authorized to submit or post any information, including personally identifying information, on the Site. Under no circumstances may anyone under age 13 use this Site, except to browse. Parents or legal guardians of children under 13 cannot agree to this Agreement on their behalf.
5. eyebobs Intellectual Property
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials (“Contents”) that appear as part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by eyebobs, LLC. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by eyebobs.
6. Posted Content
7. Digital Millennium Copyright Act
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at the following:
8. Not responsible for errors
From time to time there may be information on eyebobs.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your eyebobs.com purchase you may return it with your invoice to eyebobs by mail. For more information regarding our return policy, please see the HELP menu.
9. Changes to the terms of this Agreement
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Minneapolis, Minnesota, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Minneapolis, Minnesota necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
11. No professional advice
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
12. User Representation
By providing eyebobs with your eyeglass prescription, you represent that it is current and has been prescribed by a licensed optometrist or ophthalmologist. Your eyeglass prescription must be valid on the date of your order. You are responsible for obtaining any necessary clarification or additional information necessary for installation of prescription lenses from your optometrist, ophthalmologist, or optician. eyebobs disclaims any and all liability related to any inaccuracies of the prescription lenses installed on your eyebobs eyewear as a result of incomplete or inaccurate prescription information.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR MALWARE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT EYEBOBS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EYEBOBS, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, OR SUPPLIERS BE RESPONSIBLE OR LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION FOR PERSONAL INJURY; ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES; OR ANY OTHER DAMAGES IN EXCESS OF FEES PAID TO EYEBOBS FOR APPLICABLE PRODUCTS ARISING OUT OF OR RELATED TO A) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE; B) ANY UNAUTHORIZED ACCESS TO OR USE OF PERSONAL INFORMATION PROVIDED TO EYEBOBS; OR C) ANY MALWARE, VIRUSES, TROJAN HORSES OR SIMILAR MALICIOUS PROGRAM THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, REGARDLESS OF ORIGIN, REGARDLESS OF WHETHER EYEBOBS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold eyebobs harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
To the extent that this Site contains links to outside services and resources, the availability and content of which eyebobs does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Unless otherwise specified and except to the extent eyebobs’ products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting eyebobs products and services available in the United States and select foreign markets. This Site is controlled and operated by eyebobs from its offices in Minneapolis, Minnesota.
This Agreement is effective unless and until terminated by either you or eyebobs. You may terminate this Agreement at any time. eyebobs also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if, in eyebobs sole discretion, you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or eyebobs, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Effective Date: March 3, 2020