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Terms & Conditions
Terms of Service
Thank you for visiting befitting.com (the “Website”). Eye Style of America Ltd. (“ESOA”, or “Befitting”, or “We” or “Us”), operates an online retail store selling eyeglasses and other related products. ESOA uses the registered trademark Befitting and as such does business as Befitting.
European Union Residents
Please note that we do not offer or market our services or products to European Union (EU) residents. We do not seek to collect the personal information of EU residents nor do we monitor the behavior of EU residents. By continuing to use the Website you represent and warrant that you are not a resident of an EU member state.
By accepting these terms and conditions, you (i) allow Us to share your data amongst Befitting and any current and future subsidiaries or affiliates that may operate elsewhere and use the Befitting trademark (including those in the United States and Canada) (ii) give Us your express, specific and informed consent to receive emails of promotional materials concerning materials from any company using the Befitting trademark.
We follow generally accepted industry standards to protect the personal information submitted to Us, both during transmission and once we receive it. However, no method of transmission on the Internet, or method of electronic storage is 100% secure and we cannot guarantee your information’s absolute security.
No Professional Advice
When you visit the Website or send e-mails to Us, you are communicating with Us electronically and are consenting to receive communications from Us electronically regarding a purchase or response to a question or comment or because you have chosen to receive promotional, legal, or reminder emails about your glasses. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Unless otherwise noted, all information, account information, articles, data, images, passwords, customer numbers, screens, text, user names, web pages, or other materials (collectively, the “Content”) appearing on the Website are the exclusive property of Befitting.
All information, products, services, text, graphics, computer graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and other Content contained on or used in the Website is protected by United States, Canada, and international copyright laws. All rights reserved.
The trademarks, logos, service marks, and trade dress (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Befitting or others. The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Befitting. All other trademarks not owned by Befitting or its subsidiaries that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Befitting or its subsidiaries.
Images of people, objects, or places displayed on the Website are either the property of, or used with permission by, Befitting.
We own or use by permission all software contained on the Website, including without limitation all HTML code. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution, or reproduction of the software, and such actions could result in severe civil and criminal penalties. We will seek and support prosecuting violators to the maximum extent possible.
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the Content of the Website for public or commercial purposes without Befitting’s authorization. Nothing on the Website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations.
We also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request.
Website License and Prohibited Uses
We grant you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include the use of the Website to do any of the following, including but not limited to:
- resell or commercially use the Website or its contents;
- download or copy any account information for the benefit of another merchant or other person or entity;
- use any false or inaccurate information for purposes of establishing an account with Us;
- provide any information or take any other action with the purpose of establishing an account with Us in order to place test orders;
- delete or revise any material or other information of ours or any other user;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- collect or otherwise use any data located on the Website for litigation or legislative purposes;
- take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;
- use any engine, software, tool, agent, or other mechanisms (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than (i) the search engine and search agents available from Befitting and (ii) generally available third party web browsers
- allow any other person or entity to use your Customer Number or other identifying information; or
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service;
You further agree not to violate or attempt to violate the security of the Website, including, without limitation, actions such as:
- accessing data not intended for you or logging into a server or account that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to or overloading, using any type of spyware or redirecting software, “flooding,” “spamming,” “mailbombing” or “crashing” the Website;
- forcing the placement of cookies;
- sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Befitting without express written consent. You may not use any meta tags or any other “hidden text” utilizing Befitting name or Trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by Us. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of befitting.com so long as the link does not portray Befitting or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Befitting logo or other proprietary graphic or trademark as part of the link without our express written permission.
Reselling Products Prohibited
You are absolutely prohibited from reselling in any manner any products you purchase from Befitting, whether you purchased the products through the Website or by any other means.
When you upload, submit, store or receive information or other content to or through Befitting, you give Befitting (and any related groups) a worldwide license to use, host, store, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Website), and analyze such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Website, and to develop new products or services. This license continues even if you stop using our Website.
Our automated systems analyze your content to provide you personally relevant product recommendations and features, such as customized search results, tailored advertising, and communications. This analysis occurs as the content is sent, received, and when it is stored.
Reviews, Comments, Communications, and Other Content
We welcome your comments regarding our products, services, and Website. You may post reviews, comments and submit suggestions, ideas, and questions, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content. If you do post or submit reviews, comments, suggestions, and ideas, and unless we indicate otherwise, you grant Befitting a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews, comments, suggestions, and ideas throughout the world in any media. You grant Befitting and any of our sub-licensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Befitting for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please notify Us and provide the following information:
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
- your name, address, telephone number, and email address;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either the owner or is authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest. Our agent for notice claims of copyright infringement on the Website can be reached as follows:
We attempt to be as accurate as possible in describing offered products. However, we do not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product we offer is not as described, your sole remedy is to return it in unused condition.
We may elect to electronically monitor areas of the Website and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Website.
We may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or Us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to Us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
Links to Third Party Websites
Occasionally, we may make available a link to a third party’s website. These links will let you leave the Website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents.
Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED BY BEFITTING ON AN “AS IS” AND “AS AVAILABLE” BASIS. BEFITTING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BEFITTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEFITTING DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEFITTING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Website, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern the use of the Website and these Terms of Service and any dispute of any sort that might arise between Us, and you irrevocably consent to submit to the exclusive jurisdiction of the state of Delaware for any claim, proceeding or action by the use of this Website against Befitting. Notwithstanding the foregoing, Befitting may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms and Conditions are specifically enforceable by Befitting through injunctive relief and other equitable remedies without proof of monetary damages.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions or any purchase made through the Website.
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