This Agreement was last modified on April 6, 2015.
These Terms constitute a binding agreement between you and Framemakers and its affiliates and subsidiaries (“Eyeland Framemakers,” “Eyeland,” “we,” “us”). “You” and “users” shall mean all visitors to the Services. You accept these Terms each time you access the Services. If you do not accept these Terms, you must not use the Services. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Services.
Revision of Terms
We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Services after a change to these Terms constitutes your binding acceptance of these Terms. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Services.
The “Services” means the websites, mobile applications or other online products and services under Eyeland’s control, whether partial or otherwise, in connection with providing the services provided by Eyeland. The Services provide an online platform that enables the purchase of consumer goods featured on Eyeland’s website, online store and blog properties.
Eligibility to Use the Services
1. Children. No part of the Services is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER.
2. Agent of a Company, Entity, or Organization. If you are using the Services on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
- are an authorized representative of that Organization;
- have the authority to bind that Organization to these Terms; and
- agree to be bound by these Terms on behalf of that Organization.
3. Your Account. You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Services. You represent and warrant that the information you provide to Eyeland upon registering with the Services and at all other times will be true, accurate, current, and complete.
4. Your Log-In Credentials. To facilitate future purchases and have a tailored experience while using the Service, you may choose to create an account by providing a username and password. Please note that you may choose to use the Service and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your username and password, and any device that you use to access the Services.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Eyeland by e-mail to firstname.lastname@example.org. You will be solely responsible for the losses incurred by Eyeland and others due to any unauthorized use of your account.
Eyeland may communicate with you by email or posting notice on the Services. You may request that we provide notice of security breaches in writing. You agree to agree to receive email from us at the email address you provided to us for customer service-related purposes.
1. Newsletter Subscription. By signing up your email with our newsletter subscription form, you show expressed consent to receive newsletters from Eyeland. If for any reason you wish to no longer receive these e-mails, you can always unsubscribe directly on the newsletter or by e-mailing email@example.com and asking for your email to be removed from the list.
Fees & Payment
1. Shipping. We will charge you for the Goods you purchase through the Services. Goods will be shipped to the address you designate during the check-out process.
2. Prices. The price for goods available for purchase through the Services (“Goods”) will be displayed to you on the Services. The prices displayed DO NOT include taxes. Shipping is included in the price. Please see “Shipping” below for more information.
3. Payments. The Services currently uses third parties (PayPal) to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, Maestro, American Express and Discover, as detailed on the applicable payment screen.
4. Order Confirmation. After your order is completed, you will automatically be sent an “Order Receipt” email to the email address you entered during checkout. This confirmation will include both an invoice for record of payment and your Eyeland Order Number. This email is your receipt – if by chance you lose it, please let us know and we will be happy to provide a copy. Please review it upon receipt to check for any unwanted errors – catching them early is key. Following the receipt e-mail, you will also receive a personal order confirmation email from Eyeland detailing further information about your order.
If you do not receive an “Order Receipt” email from us, please contact us to resolve the issue. Be sure to include your account email address and order number – if you have not received it, there may be an error in your email address within our accounts. We will provide a new confirmation on the spot.
Editing your Account Information
1. On an existing order. If you wish to update your account information (name, address, email address) on an existing order, please contact us at 604-488-0909 between 10:00 a.m. and 6:00 p.m. PST Monday-Friday. It is important you speak with one of our representatives to ensure that your information is capable of being changed, with email confirmation being sent to you once the change has been confirmed.
Please note: Changing your shipping address after your order has been submitted does not guarantee the update can be made to the order. Please contact us within 48 hours of your order if you wish to change the shipping address on your order.
2. On your account. If you wish to update your personal information associated with your account, you may do so by visiting the website and logging in to My Account. Once you have logged in, select the ‘Address Book’ tab in order to update your account information.
3. Using Promotional Codes. Join our email list! By doing so you will receive all of our Promotional Codes, these codes can give you discounts on specific items, or significant discounts on any item you choose. These codes can be applied during the checkout process for big savings.
4. Canadian Dollars. All monetary transactions on the Services take place in Canadian dollars.
5. Refunds and Returns; Cancellation. We do not accept returns on Goods purchased from Eyeland after they have been shipped. We do provide full return, exchanges or cancellations of orders within 24 hours after you place your order. If for any reason you were not able to pick-up your package, we will NOT issue a return due to the policies of our manufacturers. Please make sure you are available to pick-up your order at all times. We do offer credit or replacement on damaged items that are reported within 24 hours after arrival.
We use Xpresspost from Canada Post. This method is fully insured and is trackable. A signature is not required: if you are not at home to accept delivery, the product will be sent to the nearest postal outlet. Please note that deliveries cannot be made to a PO Box.
- Within Canada: 1-2 business days
- To USA: 2-5 business days depending on customs
- International: varies depending on country and customs.
If you have any questions about shipping before or after placing an order, or while your order is on its way, please call us at 604-488-0909. We’re here to help.
1. Pre-Ship Time. It takes us 1-3 days to process all orders before they get shipped. Please consider this pre-shipping time when expecting your order.
If you are not available for a delivery or the post office cannot contact you, the order will be held for you for several days. After this time, if you do not pick-up your order, the item will be returned to us and there may be a charge for this service. Thus, please make sure that you are available to pick-up your order.
Eyeland’s Content Ownership and Use
Eyeland owns or has rights to all of the content we make available through the Services. None of the content that we have though our Services can be used without permission. You cannot use our logo without our written permission.
The contents of the Services include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Eyeland content (collectively, “Eyeland Content”). All Eyeland Content and the compilation (meaning the collection, arrangement, and assembly) of all Eyeland Content are the property of Eyeland or its licensors and are protected under copyright, trademark, and other laws.
1. License to You. We authorize you, subject to these Terms, to access and use the Services and Eyeland Content solely for the personal use of the Services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of Eyeland Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Eyeland Content on any copy you make of the Eyeland Content.
2. Eyeland Marks. Eyeland Framemakers, Eyeland, Eyeland logo, and other Eyeland logos and product and service names are or may be trademarks of Eyeland (the “Eyeland Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner Eyeland Marks.
Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Services.
Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Services or content available on the Services.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
Do not do bad things with the Services, try to break it, or steal our hard work.
You agree to use the Services only for its intended purpose. You must use the Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Services are prohibited. You may not:
• attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Services, user accounts, or the technology and equipment supporting the Services;
• frame or link to the Services without permission;
• use data mining, robots, or other data gathering devices on or through the Services;
• post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
• disclose personal information about another person or harass, abuse, or post objectionable material;
• sell, transfer, or assign any of your rights to use the Services to a third party without our express written consent;
• post advertising or marketing links or content, except as specifically allowed by these Terms;
• use the Services in an illegal way or to commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability to Eyeland or others; or
• access the Services from a jurisdiction where it is illegal or unauthorized.
Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Services. We reserve the right to suspend or terminate your account and prevent access to the Services for any reason, at our discretion. We reserve the right to refuse to provide the Services to you in the future.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.
Eyeland Eyewear’s Liability
We are not liable for the actions of users when they use the Services. We may also change the Services at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Services or other websites.
1. Changes to the Services. We may change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any feature, without notice or liability.
2. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Eyeland of all claims, demands, and damages in disputes among users of the Services. You also agree not to involve us in such disputes. Use caution and common sense when using the Services.
3. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Services at your own risk.
4. Third-Party Websites. The Services may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Services.
5. Released Parties Defined. “Released Parties” include Eyeland and its affiliates, officers, employees, agents, partners, and licensors.
DISCLAIMER OF WARRANTIES
You use the Services at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Services. If you use the Services in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any DOMM DESIGN Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and Eyeland concerning your use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in British Columbia, Canada, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Services.
These Terms and the relationship between you and Eyeland shall be governed by the laws of the province of British Columbia without regard to its conflict of law provisions. You and Eyeland agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Services under the rules of the Arbitrators Association of British Columbia. Any such arbitration, to the extent necessary, shall be conducted in Vancouver in the province of British Columbia. You covenant not to sue Eyeland in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Services or these Terms:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
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