Heavyglare.com Terms of Conditions
Heavyglare.com is dedicated to providing visitors to this site with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. we have developed these terms of service to govern your use of Heavyglare.com, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of our site tells us you have read and agreed to these Terms of Service. Please read them carefully. This Terms of Service is a binding contract between you and Sunray Optical, Inc., regarding your use of Heavyglare.com. If you do not agree with any of these terms, please exit Heavyglare.com.
ELECTRONIC SIGNATURES EFFECTIVE: The consumer
acknowledges and agrees that the provisions related to electronic records,
electronic transactions and electronic signatures shall be binding upon the
parties in accordance with the Electronic Transactions Act 2000 and 2003. By
selecting the \"I Agree\" check box consumer accepts the terms of this agreement
by electronic record and/or electronic signature.
TERMS OF USE: We reserve the right to cancel an order at any time. If our e-commerce system miscalculates pricing on your order for any reason, we will contact you prior to shipping or manufacturing a custom product. Although we do our very best to post the availability and correct pricing our our site. Products can be incorrectly priced or marked as available accidentally, via database errors and or human error.
Prescription orders are all considered custom products and are subject to the Return and Exchange policies. Please read our risk free guarantee before placing your order. We value you as a customer and want you to be aware of these policies prior to ordering. If you have any specific questions, please contact us prior to placing your order.
RETURNS:
Prescription: Prescription lenses are custom made for your use, and thus, are non-refundable. If you return the product with prescription lenses, we will issue a refund for the value of the frame only.
Non-Prescription: If you return sunglasses, we will give you full credit based upon your method of payment for the value of the frames minus the shipping fees.
Refunds are only issued on the same credit card of the original purchase. You can expect the refund to be applied to the same credit card within 2-3 business days after our receipt of the returned item. Please allow 1–2 billing cycles for the refund credit to appear on your statement.
COPYRIGHT:All of the information, content, services and software displayed on, transmitted through, or used in connection with Heavyglare.com, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Sunray Optical, Inc. ("SO"), and its affiliated companies, licensees and suppliers. SO actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service.
CONTENT USAGE: You may use the Content
online and solely for your personal, non-commercial use, and you may download or
print a single copy of any portion of the Content for your personal,
non-commercial use, provided you do not remove any trademark, copyright or other
notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or
Extranet site or incorporate the Content in any database, compilation, archive
or cache. You may not distribute any of the Content to others, whether or not
for payment or other consideration, and you may not modify, copy, frame,
reproduce, sell, publish, transmit, display or otherwise use any portion of the
Content without the written consent of SO.
Requests to use of the Content
for any purpose other than as permitted in this paragraph should be directed to
Sunray Optical at (651) 209-7999. In certain cases, you may be able to
obtain a license to use individual stories that appear on Heavyglare.com through
an online vendor we have specifically designated as authorized to license
Content on our behalf. If we have authorized a third party vendor to grant you a
license to any Content, we will tell you that directly in the portion of the
Content you may license. If you do not see our express authorization, you should
assume no third party has the right to allow you to use the
Content.
Copyright Complaints. Heavyglare.com respects
the intellectual property of others. If you believe that your work has been
copied in a way that constitutes copyright infringement or are aware of any
infringing material placed by any third party on Heavyglare.com, please contact
us at the address listed below under the heading "Contact
Us."
Trademarks. The Content includes logotypes,
trademarks and service marks (collectively \"Marks\") owned by SO and its
affiliated companies, and Marks owned by other information providers and third
parties. For example, Heavyglare.com is a trademark of SO. No Marks may be used
in any manner unless approved in advance by Heavyglare.com.
Links
to, and frames of, Heavyglare.com. If you operate a Web site and wish
to link to Heavyglare.com, you may link only to the home page,
www.Heavyglare.com, and not to any other page or sub-domain of Heavyglare.com.
You may not frame or utilize framing techniques that involve any trademark,
logo, copyrighted material or other proprietary information (including images,
text, page layout, or form) of any portion of Heavyglare.com without our express
written consent. In addition, you agree not to recompile, reverse engineer or
disassemble any software or other products or processes accessible through
Heavyglare.com, not to insert any code or product or manipulate the content of
Heavyglare.com in any way that affects the user's experience, and not to use any
data mining, robots, cancel-bots, Trojan horse, or any data gathering or
extraction method in connection with your use of
Heavyglare.com.
MEMBERSHIP AND REGISTRATION: Certain
areas of Heavyglare.com may require registration or may otherwise ask you to
provide information to participate in certain features or access certain
content. The decision to provide this information is purely optional, however if
you elect not to provide such information, you may not be able to access certain
content or features or participate in various areas of Heavyglare.com. You may
also provide information to Heavyglare.com in other contexts, including for
example in order to enter a sweepstakes or promotion. When you register or
become a Member of Heavyglare.com or provide information to Heavyglare.com in
any other manner, you agree to provide only true, accurate, current and complete
information on all registration pages. Using a name other than your own legal
name is prohibited (except in those specific areas of Heavyglare.com that
specifically ask for unique, fictitious names, e.g., certain message boards and
chat rooms). You agree that Heavyglare.com may use the information you provide
to us according to the Privacy Policy on our site.
If you become a Member
of Heavyglare.com, you agree to accept responsibility for all activities that
occur under your account or password, and agree you will not sell, transfer or
assign your Membership or any Membership rights. You are responsible for
maintaining the confidentiality of your password and for restricting access to
your computer so that others may not access Heavyglare.com using your name in
whole or in part. Heavyglare.com reserves the right to terminate Membership and
deny access to the site to any person who violates this Terms of
Service.
USER CREATED CONTENT:By placing material on,
or communicating with, Heavyglare.com, including for example communication
during registration, communication on any Heavyglare.com bulletin board or
message or chat area, posting any photograph, entering any sweepstakes, etc.,
you represent and warrant that you own or otherwise control all of the rights to
the content that you provide, that the content is accurate, that it does not
violate these Terms of Service, and that it will not cause injury to any person
or entity. You grant SO, its affiliates and related entities, including
Heavyglare.com, a royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, copy, modify, display, archive, store, distribute, reproduce and
create derivative works from all information you provide to us, in any form,
media, software or technology of any kind now existing or developed in the
future. Without limiting the generality of the previous sentence, you authorize
SO to include the information you provide in a searchable format that may be
accessed by users of Heavyglare.com and other SO Web sites. You also grant SO
and its affiliates and related entities the right to use your name and any other
information about you that you provide in connection with its use and with the
reproduction or distribution of such material, and also grant SO the right to
use any material, information, ideas, concepts, know-how or techniques contained
in any communication you send to us for any purpose whatsoever, including but
not limited to developing, manufacturing and marketing products using such
information. All rights in this paragraph are granted without the need for
additional compensation of any sort to you.
Please note that
Heavyglare.com does not accept unsolicited materials or ideas for use or
publication. Heavyglare.com is not responsible for the similarity of any of its
content or programming in any media to materials or ideas transmitted to
Heavyglare.com.
Other Specifics About Interactive Areas (Blogs, Chat Areas, etc.). Heavyglare.com bulletin boards, chat rooms
and other such interactive areas are provided to give users an interesting and
stimulating forum to express their opinions and share their ideas and
information. Given the nature of Heavyglare.com and the volume of messages and
postings, Heavyglare.com cannot and does not monitor all of the material posted
or transmitted by users and third party information providers. To protect your
safety, please use your best judgment when using these forums. Heavyglare.com
reserves the right to delete, move or edit any communications at any time, for
any reason or in its discretion, but has no obligation to review or remove any
such content.
Posting Rules. Interactive areas,
discussion boards, chat rooms, etc., are intended to encourage public debate. We
expect people to differ - judgment and opinion are subjective things and we
encourage freedom of speech and a marketplace of ideas. But by using these areas
of Heavyglare.com, you are participating in a community that is intended for all
our users. Therefore, we reserve the right to remove any content posted on our
site at any time for any reason. Decisions as to whether content violates any
Posting Rule will be made by Heavyglare.com in its discretion after we have
actual notice of such posting. Without limiting our right to remove content, we
have attempted to provide guidelines to those posting content on our site. When
using Heavyglare.com, please do not post material that:
- contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
- violates any right of Heavyglare.com or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
- unfairly interferes with any third party's uninterrupted use and enjoyment of Heavyglare.com.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uploads copyrighted or other proprietary material of any kind on Heavyglare.com without the express permission of the owner of that material.
- uses or attempt to use another\'s account, password, service or system except as expressly permitted by the Terms of Service.
- includes images, photos, or articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
- uploads or transmits viruses or other harmful, disruptive or destructive files.
- disrupts, interferes with, or otherwise harms or violates the security of Heavyglare.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Heavyglare.com or affiliated or linked sites.
- "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES
PROHIBITIONS MAY BE REFERRED TO LAW ENFORCEMENT
AUTHORITIES.
General Disclaimer and Limitation of
Liability: While Heavyglare.com uses reasonable efforts to include
accurate and up-to-date information, we make no warranties or representations as
to the accuracy of the Content and assume no liability or responsibility for any
error or omission in the Content. Heavyglare.com does not represent or warrant
that use of any Content, when authorized, will not infringe rights of third
parties. In addition, in some cases, Content available on Heavyglare.com may be
provided and/or hosted by third parties. Heavyglare.com has not reviewed all of
the sites linked to Heavyglare.com and is not responsible for the content of any
off-site pages or links to or from any other sites. While Heavyglare.com
encourages such third parties to abide by these Terms of Service, Heavyglare.com
has no responsibility for actions of third parties.
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT USE OF HEAVYGLARE.COM IS AT YOUR OWN RISK. ALL CONTENT
AVAILABLE THROUGH HEAVYGLARE.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. NEITHER SO, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS
OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSEES, MAKES ANY
REPRESENTATION OR WARRANTY OF ANY KIND REGARDING HEAVYGLARE.COM, THE CONTENT,
ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH
SERVICES OR SITES. HEAVYGLARE.COM MAKES NO WARRANTY THAT HEAVYGLARE.COM WILL
MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT
HEAVYGLARE.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
HEAVYGLARE.COM CONTAINS
FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY
INDIVIDUALS AND ORGANIZATIONS. HEAVYGLARE.COM DOES NOT REPRESENT OR ENDORSE THE
ACCURACY, RECENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE HEAVYGLARE.COM. YOU
ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR
INFORMATION IS AT YOUR SOLE RISK.
HEAVYGLARE.COM AND SO SPECIFICALLY
DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING HEAVYGLARE.COM LAT
WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION
WITH HEAVYGLARE.COM, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND
WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY
INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH HEAVYGLARE.COM.
HEAVYGLARE.COM ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO,
OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT
OF YOUR ACCESS TO, USE OF, OR BROWSING IN, HEAVYGLARE.COM OR YOUR DOWNLOADING OF
ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM
HEAVYGLARE.COM.
IN NO EVENT SHALL HEAVYGLARE.COM OR SO, OR EITHER OF
THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSEES BE LIABLE
FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES
INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS
IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL HEAVYGLARE.COM OR SO, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS,
CONTENT PROVIDERS OR LICENSEES BE LIABLE FOR ANY AMOUNT FOR DIRECT
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF
DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO
YOU.
INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
HARMLESS, HEAVYGLARE.COM AND SO, EACH OF THEIR PARENT AND AFFILIATED COMPANIES,
AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS,
FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION,
TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES
(INCLUDING ATTORNEYS\' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY
ALLEGATION REGARDING: (A) YOUR USE OF HEAVYGLARE.COM; (B) HEAVYGLARE.COM\'S USE
OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT
INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR
TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D)
ANY VIOLATION OF THIS AGREEMENT BY YOU.
International
Users. Heavyglare.com is controlled, operated and administered by SO
from its offices within the United States. Heavyglare.com makes no
representation that materials or Content available through Heavyglare.com are
appropriate or available for use outside the United States and access to them
from territories where their contents are illegal is prohibited. You may not use
Heavyglare.com or export the Content in violation of U.S. export laws and
regulations. If you access Heavyglare.com from a location outside the United
States, you are responsible for compliance with all local
laws.
Miscellaneous: SO reserves the right to change
these Terms of Service at any time in its discretion and to notify users of any
such changes solely by changing this Terms of Service. Your continued use of
Heavyglare.com after the posting of any amended Terms of Service shall
constitute your agreement to be bound by any such changes. Please note that your
use of this site prior to the time this Terms of Service was posted will be
governed according to the Terms of Service that applied at the time of your
use.
SO may modify, suspend, discontinue or restrict the use of any
portion of Heavyglare.com, including the availability of any portion of the
Content at any time, without notice or liability. SO may deny access to any
person or user at any time for any reason. In addition, SO (or Heavyglare.com)
may at any time transfer its rights and obligations under this Agreement to any
SO affiliate, subsidiary or business unit, or any of their
affiliated companies or divisions, or any entity that acquires SO,
Heavyglare.com or any of their assets.
These Terms of Service will be
governed by and construed in accordance with the laws of the State of Minnesota,
without regard to its conflicts of law provisions. You hereby agree that any
cause of action you may have with respect to Heavyglare.com must be filed in a
federal or state court located in Saint Paul, Minnesota, within two months of
the time in which the events giving rise to such claim began, or you agree to
waive such claim. If for any reason any provision of this Agreement is found
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of the parties as reflected in that
provision, and the remainder of the Agreement shall continue in full force and
effect. Any failure of Heavyglare.com to enforce or exercise any provision of
this Agreement or related right shall not constitute a waiver of that right or
provision. The section titles used in this Agreement are purely for convenience
and carry with them no legal or contractual effect. In the event of termination
of this Agreement for any reason, you agree that the following provisions will
survive: the provisions regarding the limitations on your use of Content, the
license(s) you have granted to Heavyglare.com, and all other provisions for
which survival is equitable or
appropriate.
Contact Us
To contact
Heavyglare.com, please use the following:
Heavyglare.com.
1960 Cliff Lake Road, Suite 119
Eagan, MN 55122
651-209-7999
