BOLLE BRANDS INC.

Website Terms of Use

 

These Terms of Use apply to our websites, microsites, mobile versions of these websites, and mobile applications (the “Website”) that expressly adopt and display or link to these terms of use (the “Terms of Use”), as may be revised from time to time, and that are owned, operated or controlled by Bolle Brands Inc. and its affiliates and brands, including Spy, (collectively, “Bolle Brands Inc.”, “we”, “our”, or “us”).  By accessing and using the Website, the user (“User” or “you”) acknowledges and agrees to accept and be bound by these Terms of Use.

 

Content:  All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, advertising copy, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of Bolle Brands and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties.  The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms of Use.  The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of Bolle Brands.

Use of Website Content:  The Website, including all Website Content, is provided as a resource for Users to learn more about Bolle Brands and its products.  Subject to these Terms of Use, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for the User’s own non-commercial purposes.  All rights not expressly granted are reserved by Bolle Brands and its licensors.  This limited license may be revoked at any time for any reason or no reason.

 

Trademarks:  All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by Bolle Brands and its licensors.  The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms of Use or by virtue of User’s use of the Website.  The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Bolle Brands or the applicable rights holder.

 

Links:  The Website may include links to third party websites not operated by Bolle Brands. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof.  ACCESS TO ANY SUCH LINKED SITE IS AT THE USER’S OWN RISK, AND BOLLE BRANDS WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.

 

User Information:  Some functionality of the Website may require the transmission of information provided by the User (“User Information”).  User Information may include, but is not limited to, a User’s name, address, email address, telephone number, method of payment, credit card number, and billing information.  The User agrees to keep the User Information provided to the Website current at all times and to promptly update such information in the Website to the extent of any change.  By using such functionality, the User consents to the transmission of User Information to Bolle Brands and/or its agents and authorizes Bolle Brands and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy located at https://www.spyoptic.com/us/nam_privacy_policy.html which is incorporated herein by reference. 

 

Online Commerce:  The Website may allow Users to make online purchases.  Where a User makes such a purchase via the Website, all information obtained by Bolle Brands from the User in the course of such purchase, including User Information, may be collected by Bolle Brands, as well as our third party vendors, such as payment processing companies, responsible for facilitating your purchase.  These third-party vendors may have privacy and data collection practices that are different from those utilized by the Bolle Brands.  Bolle Brands has no responsibility or liability for the independent policies of these third-party vendors.  In addition to being subject to these Terms of Use, certain User purchases may subject that User to additional terms and conditions of these third-party vendors.  The User hereby releases Bolle Brands and its third-party vendors from any damages incurred by the User.  Moreover, the User agrees not to assert against Bolle Brands or its third-party vendors any claims arising from the User’s purchase via the Website.

 

Shipping Limitations:  When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

Placing an Order; Acceptance: Your order constitutes an offer to us to buy the products and/or services you have selected. After receiving an order, we will send you an e-mail acknowledging that we have received your order (“Order Confirmation”). While it is our practice to confirm orders by email, the receipt of an email Order Confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will be formed only when you receive the Shipping Confirmation. The contract will relate only to those products and services whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products or services which may have been part of your order in the same or a separate Order Confirmation. We may also require verification of information prior to the acceptance and/or shipment of any order.

 

Gift Certificates: Gift certificates can only be redeemed via purchases made on the Website, and are not redeemable for cash. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. Certain state 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.

 

User Content:  The Website may allow the User to upload photographs, videos or other content (“User Content”).  The User shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Bolle Brands platforms.  The User shall retain ownership of all User Content and hereby grants to Bolle Brands a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Bolle Brands platforms and for our business purposes.  The User also grants to the other users of the Website and related Bolle Brands platforms a non-exclusive license to access the User Content via the Website and related Bolle Brands platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms of Use.  The User grants Bolle Brands the right to identify the User as the author of any such User Content by name, email address, or screen name, and the User acknowledges that Bolle Brands has the right, but is not obligated, to use any such User Content and that Bolle Brands may cease utilizing such User Content at any time for any reason.  The User agrees not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish such content or materials, or to grant Bolle Brands the license to use such content or materials as described herein.  The User acknowledges that Bolle Brands has no obligation to monitor or screen User Content submitted to the Website, but that Bolle Brands shall have the right (but not the obligation) to reject, remove or delete any User Content that violates these Terms of Use or that is otherwise objectionable.       

 

Third Party Content: The User understands and agrees that Bolle Brands does not control and is not responsible for any Content made available on the Website by other users.  The User’s use of, or reliance on, any information contained in such third-party content is at the User’s sole risk.  Under no circumstances will Bolle Brands be liable for any such third-party Content or for any loss or damage resulting from the User’s use of, or reliance on, such third-party content.

 

Acceptable Use:  The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website.  In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by Bolle Brands to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access our systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden our servers or networks, or (viii) fails to comply with applicable third party terms.  The User must comply with all applicable third-party Terms of Use (e.g., wireless carrier terms of service) at all times while using the Website. Bolle Brands reserves the right, in its sole discretion, to terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or Bolle Brands reasonably believes the User has engaged in or is engaging in, use that violates these Terms of Use.  Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.

 

Information Disclaimer:  Bolle Brands attempts to be as accurate as possible regarding product descriptions, pricing and availability on the Website.  However, unless specifically stated otherwise in writing on the Website, Bolle Brands does not warrant that product descriptions or Website content are accurate, complete, reliable, current, or error-free.  From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability.  Bolle Brands reserves the right to revise the price, description, and/or availability of products without notice.  In addition, Bolle Brands reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.  

Texting Policy: Bolle Brands may use text messaging, including Short Message Service (SMS) or Multimedia Message Services (MMS), to communicate with you for various business purposes. Message and data rates may apply. Check with your provider for more details. Please note that, in general, texting is not a secure method of communication and no sensitive personal information should be provided via text. In accordance with our internal policy, Bolle Brands will never ask you to send personal information via text. If you wish to no longer receive texts from Bolle Brands, please follow the instructions you were provided when you first opted into receiving such communications.  You may also text “STOP” to +1 (833) 383-1120. You will receive one confirmation message to verify that you have been opted out. The frequency of texts received will depend on the level of interaction you have with Bolle Brands. Bolle Brands is not liable for delayed or undelivered messages.

Access: You must obtain at your own expense the equipment, means, device, and services to access the Website.  We do not guarantee that the Website will work with all wireless service plans, at all times, or in all geographic locations.  When you use the Website, you may incur certain charges from your wireless carrier according to the terms and conditions of your carrier agreement, including without limitation, fees for data, wireless access, and message services.  Please check with your carrier to verify whether there are any such fees that may apply to you.  YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE WEBSITE THROUGH YOUR WIRELESS DEVICE AND FOR BEING IN COMPLIANCE WITH YOUR CARRIER AGREEMENT.

Eligibility; Jurisdiction: The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms of Use and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties.  The Website is not intended for children under the age of 13. Bolle Brands provides the Website for use in the United States of America.  Bolle Brands Inc. does not represent the Website is available or appropriate for use in other jurisdictions.  Any access to or use of the Website from other jurisdictions is at the User’s sole risk and the User is responsible for complying with all applicable local laws.

Disclaimers:  BOLLE BRANDS AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE CONTENT OR REPRESENT THAT THE WEBSITE OR THE WEBSITE CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS.  THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND.  TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability:  USE OF THE WEBSITE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, BOLLE BRANDS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE WEBSITE OR THE WEBSITE CONTENT; (II) INABILITY TO ACCESS OR USE THE WEBSITE OR THE WEBSITE CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE WEBSITE; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, BOLLE BRANDS VIA THE WEBSITE; OR (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOLLE BRANDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.      

Indemnity:  Upon request by Bolle Brands, the User agrees to indemnify, defend and hold harmless Bolle Brands and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) the User’s use or misuse of the Website;  (ii) the User’s violation of these Terms of Use; (iii) the User’s violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that the User Content resulted in damage to a third party. Bolle Brands reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Bolle Brands in asserting any available defenses.

 

Changes to Website:  At any time and without notice to the User, Bolle Brands may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.

 

Changes to Terms; Updates:  Bolle Brands reserves the right to change these Terms of Use at any time, and in its sole discretion, by changing these Terms of Use within the Website.  The User’s continued use of the Website after any such changes to these Terms of Use are made available through the Website will constitute the User’s acceptance of those changes.  These Terms of Use shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.

 

Governing Law:  These Terms of Use are governed by the laws of the State of California and applicable federal laws of the United States of America, without giving effect to conflict of laws principles.  The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Columbus, California for purposes of any legal action arising out of or related to these Terms of Use or use of the Website.

 

AGREEMENT TO ARBITRATE: ANY CIVIL ACTION, CLAIM, DISPUTE OR PROCEEDING ARISING OUT OF OR RELATING TO ACCESS TO OR USE OF THE WEBSITE WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, BEFORE A SINGLE ARBITRATOR, RATHER THAN IN COURT. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE ARISING OUT OF ACCESS TO OR USE OF THE WEBSITE, AND TO ARBITRATE ANY PART OF THESE TERMS OF USE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS SECTION OR THESE TERMS OF USE IS VOID OR VOIDABLE.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in San Diego County, California under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.

 

You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

 

The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for San Diego County, California.

 

PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING., THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Legal Notice For New Jersey Residents:  Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law.  In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey.  Therefore, the following provisions of these Terms of Use shall not be applicable to New Jersey residents: (1) the provisions concerning limiting Bolle Brands’ liability for any loss or damage is not applicable to New Jersey residents to the extent Bolle Brands was negligent or has breached its obligation; (2) the provisions concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provisions concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms of Use.

 

Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Bolle Brands’ DMCA Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

You may direct copyright infringement notifications to Bolle Brands’ DMCA Agent at customercare@BolleBrands.com. You acknowledge that if you fail to comply with all of the requirements detailed above, your DMCA notice may not be valid.

 

If you believe that your content that was removed from the Website (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the DMCA Agent:

If a counter-notice is received by the DMCA Agent, Bolle Brands may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed Content may be replaced, or access to it restored, after receipt of the counter-notice, at Bolle Brands’ sole discretion.

 

Contact:  Any questions, complaints, or claims regarding the Website may be directed to customercare@BolleBrands.com.

 

Updated 2/17/2023