TERMS OF SERVICE
1. ACCEPTANCE OF TERMS OF SERVICE
The United States of America is our country of domicile (the “Domicile”). Maui Jim controls this Site from the Domicile. Maui Jim makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations, you are responsible for ensuring compliance with the local laws of the other locations. You may not use any materials from this Site in violation of any applicable laws or regulations.
This is a general audience Site for adults. By visiting the Site, you represent, warrant and covenant that you are at least twenty-one (21) years old (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). Any person using the Site who is under the age of 21 should not register as a user of the Site and should not transact on or use the Site.
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we, at Maui Jim, believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your Account (defined in Section 3).
Please note that these Terms may be prospectively revised and reissued by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
EACH TIME YOU LOGIN TO OR OTHERWISE USE THE SITE, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF SERVICE AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR ONGOING AGREEMENT TO THE TERMS FOR YOUR CONTINUED USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Service each time you use the Site (at least prior to each transaction or submission). The Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in the Terms or in other notice to you. We recommend you to visit this page regularly to review the current Terms.
2. PERMITTED USES OF THE CONTENT
The Site includes content, intellectual property1 and materials including text, illustration, designs, graphics, button icons, software, video, webcasts, audio, photos, applications, images, trademarks, logos, copyrights, patents, trade dress, trade name, service marks, product listings, descriptions or prices, technologies, and other intellectual property, and proprietary materials which are either owned by, controlled, licensed to or otherwise made available to Maui Jim (the “Content”).
You may use the Site solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other means or device (each a “Device”), use, remove, alter, bypass, avoid, interfere with, or circumvent: (i) any copyright, trademark, or other proprietary notices marked on the Site or the Content; (ii) any digital rights management mechanism, other content protection, or access control measures associated with the Site or the Content; or (iii) any advertisement on the Site and/or within the Content. You may not either directly or through the use of any Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit, resell, commercially use, or exploit the Site or the Content unless expressly permitted by Maui Jim in writing. You may not incorporate the Content into, or stream or retransmit the Content via any hardware or software application or make the Site or any Content available via frames or in-line links. You may not make use of data mining, robots, or similar data gathering and extraction tools, frame or utilize framing techniques to enclose any of Maui Jim’s Content and you may not otherwise surround or obfuscate the Content or Site with any third-party's content, materials or branding. You may also not use any software robots, spider crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Content or any portion of the Site. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Site or its servers and infrastructure. You may not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Site or the Content, whether or not for profit.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view the Content without: (i) displaying visibly both the Content and all surrounding elements (including the graphical user interface, any advertising, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
3. ACCESS TO THE SITE; REGISTRATION AND PASSWORDS
In order to access certain features of the Site, or to conduct a transaction through one of our transactional channels, you may be required to register for an account (“Account”).
As part of the registration and Account creation process necessary to obtain access to portions of the Site, you will have to create a username with a password. You will provide Maui Jim with certain registration information, all of which must be accurate and updated. You must not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that Maui Jim, in its sole discretion, deems offensive or inappropriate.
Any usernames and passwords used for this Site are for individual use only. You are responsible for all use of your Account under any username or password by any person or entity and for ensuring that your Account complies fully with the provisions of the Terms. You are solely responsible for maintaining the security and confidentiality of the password you use to access your Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, in the sole discretion of Maui Jim; and Maui Jim may refer you to appropriate law enforcement authorities. You may send us any queries or concerns regarding your Account at any time by sending an e-mail to: firstname.lastname@example.org
You agree to immediately notify Maui Jim of any unauthorized use of your password or access to your Account or any other breach of security. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. Maui Jim will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your failure to comply with the Terms and the duty to keep your Account confidential and preventing unauthorized access of your Account. Maui Jim has the right to provide user billing, account, content or use records and related information under certain circumstances (such as response to legal responsibility, lawful process, orders, subpoenas or warrants to protect users or Maui Jim). Please note that anyone able to provide your personal identifiable information will be able to access your Account, so you should take reasonable steps to protect this information. You are responsible for all charges incurred up to the time the Account is terminated.
You are also responsible to provide accurate information about yourself when you create an Account or conduct a transaction. Failure, otherwise, will expose you to liability under the UAE Federal Decree-Law No. 34 of 2021 on Combatting Rumours and Cybercrimes (the “Cybercrimes Law”) and UAE Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services (the “Electronic Transactions Law”) and any other applicable UAE laws as the case may be.
4. PUBLIC FORUM
“Public Forum” means an area, site or feature offered as part of the Site that enables users or visitors to such area of the Site or feature to submit, post, display and/or view submissions and/or to communicate, share or exchange submissions with other users of the Site and members of the general public, including, without limitation, a page where you can submit comments on various blogs, articles and posts.
You acknowledge that anything you submit to the Site, by way of any Public Forum, may be routed through our servers, the servers of one or more third-parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, that information can be collected and used by people you do not know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosure at your own risk.
You are and shall remain solely responsible for the submissions submitted and/or posted under your username or otherwise by you and for the consequences of submitting and posting the same. You acknowledge that the use or submissions posted in any Public Forum or otherwise is at your own risk. You further acknowledge that we are not responsible for, and we do not endorse the opinions, advice or recommendations posted or sent by users in any Public Forum or otherwise and we specifically disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, or remove submissions at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen submissions, there may be a delay in the posting of such content to allow for a review process. If we have questions about your submissions including, without limitation, the copyright, we may contact you for further information including, for example, verifying that you own the copyright or otherwise obtained permission to post the material. We are not responsible for the accuracy of any submissions contained in a Public Forum or otherwise. By posting any submission to the Public Forum, you hereby grant a non-exclusive, fully paid and royalty-free, worldwide license to Maui Jim to use, copy, sublicense, adapt, transmit, distribute, publicly perform, publicly display, modify and translate such submission. Every time you post in the Public Forum, you refresh the aforementioned license. By posting any submission to the Public Forum, you represent and warrant that your submission does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person or entity and that such posting of any submission does not breach any laws or contract between you and a third-party.
5. YOUR CONDUCT AND ACCEPTABLE USE
Your use of the Site must be in a manner consistent with any and all applicable laws and regulations including, but not limited to, the Cybercrimes Law and Electronic Transactions Law. Submissions to the Site that are illegal or prohibited include, but not limited to, those that:
5.1 are blasphemous, sacrilegious, or promote sin;
5.2 promote terrorism or terrorist organizations;
5.3 are harmful, disrespectful or offensive of the UAE or its authorities, entities, leaders, reputation, flag, or any of its symbols;
5.4 are harmful or antithetical to state-security or state interests;
5.5 promote or incite protests, demonstrations, strikes or marches;
5.6 provide or disclose any personal or private information regarding any individual or entity;
5.7 are obscene, patently offensive, or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.8 harass or advocate harassment of another person or impersonate another person;
5.9 contain nudity, violence or offensive subject matter;
5.10 involve the transmission of “junk mail” or “chain letters” or unsolicited mass mailing;
5.11 promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
5.12 exploit people in a sexual or violent manner;
5.13 solicit personal information from anyone under the age of 21;
5.14 provide any telephone numbers, street addresses, last names, URLs or e-mail addresses;
5.15 violate the copyright, trademark or other intellectual property rights of any other person or entity;
5.16 further or promote any criminal activity or enterprise or provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
5.17 solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
5.18 involve commercial or non-commercial activities and/or sales without our prior written consent such as contest, sweepstakes, solicitation of donations, mendicity, barter, conduct surveys, promote goods, advertising or pyramid schemes;
5.19 are fraudulent or infringe the rights of any third-party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights;
5.20 distribute a software virus or other computer code that is designed or intended to disrupt, damage, disclose, process, interrupt, delete, amend, obtain, copy, or limit the functioning of the Site, or to obtain unauthorized access to the Site or the Content or any data or other information of any third-party;
5.22 impersonate or falsely state or otherwise misrepresent your professional or other affiliation with Maui Jim or with any other person or entity;
5.23 promote violation of the applicable laws and constitution of the UAE;
5.24 insult other countries;
5.25 engage in prostitution or lewdness;
5.26 lead to trafficking in humans or human organs, antiquities or archaeological artefacts, narcotics or psychotropic substances, gambling, or fraud; and
5.27 violate any and all other applicable laws in the UAE or the Domicile or the country where you are entering the Site from.
Any violation of the provisions of this Section would expose you to criminal and civil liability according to the laws of the UAE and would subject you to the penalties stated in the laws enacted in the UAE, including but not limited to, the Cybercrimes Law and Electronic Transactions Law.
We protect the security of your personal information. We take steps to protect your personal information from loss, misuse, alteration, destruction or unauthorized access. We use sophisticated security technologies to secure users' information. We encrypt users' information, using Secure Socket Layer (“SSL”) technology. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. To support this technology, users must have an SSL-capable browser. SSL is one of the safest encryption technologies available. While we use such sophisticated security technology to secure users' information, we cannot guarantee that any electronic transaction is totally secure. By accessing and using the Site, you accept that the level of security, at the time of logging in, is sufficient and the risk that any information you provide may be inadvertently disclosed to third-parties through an intrusion or violation of our security features exists. Maui Jim will have no liability whatsoever for any such disclosure.
7. USER SAFEGUARDS
You are responsible for maintaining the secrecy of your username, password, and any Account information. It is important for you to be responsible and protect your username, password, and computer or other electronic Device against unauthorized users. It is important to log off when you have completed using Devices accessible by others.
8. LINKING AND FRAMING
The following restrictions apply to all links to the Site from any online, cable, wireless or other site, service or browser:
8.1 Neither the Maui Jim logo nor any other logo or service mark of Maui Jim may be used to link to the Site, to any webpage within the Site, or to any website accessible from the Site, without the express written permission of Maui Jim.
8.2 You may request permission to use one or more of Maui Jim's “hyperlink logos” in connection with providing a hyperlink to the front page of the Site. The hyperlink logos include and incorporate the Maui Jim logo, and the Maui Jim Site specific logo. Maui Jim's “hyperlink logos” are the only logos that Maui Jim permits unaffiliated and non-news third-parties to display on the Internet. Permission is granted subject to the below conditions:
- any permitted link to the Site must be to the Site's home page;
- the Site may not be “framed” by any other website, without exception; and
- the posting or creation of a link to the Site signifies that you have read the restrictions described herein and agree to abide by the Terms.
9. LINKS TO THIRD-PARTY'S SITES
10. ONLINE PAYMENT OF TRANSACTIONS
If you choose to pay for your transactions with Maui Jim online, you agree to the below conditions and the conditions stipulated under the Electronic Transactions Law:
10.1 Maui Jim only accepts payment by, including, without limitation, Visa, MasterCard, American Express, Discover, and JCB debit or credit card payments in United Arab Emirates dirhams (“AED”) for its products and services.
10.2 You will be charged at the displayed price in U.A.E. dirhams and your card will be charged only in U.A.E. dirhams. Maui Jim will bear no responsibility for any charges imposed by the issuing credit card company, bank or other financial institution for the processing of payments in U.A.E. dirhams.
10.3 Once a payment is processed, you will receive an e-mail confirmation of the payment from Maui Jim within three (3) U.A.E. working days.
10.4 If you choose to cancel your online payment, you must send an e-mail to email@example.com within fifteen (15) days of your payment being accepted by Maui Jim or before delivery, whichever is earlier. If you cancel your payment within that period of time, you will receive a full refund in U.A.E. dirhams only back to the credit or debit card used for processing the original payment. Please allow forty-five (45) days to process your refund request.
10.5 If you fail to cancel your payment within fifteen (15) days of your payment being accepted by Maui Jim or before delivery, whichever is earlier, you waive any and all right to any refund.
10.6 The cardholder must retain a copy of transaction records and accept these Terms of Service when executing the online payment.
10.7 Maui Jim will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, the United States Office of Foreign Assets Control (“OFAC”), the UAE and its Central Bank sanctioned or targeted countries and individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific, and by the UAE and its Central Bank.
11. DISCLAIMER OF WARRANTIES
While Maui Jim uses reasonable efforts to include up to date information on the Site, Maui Jim makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
MAUI JIM PROVIDES ACCESS TO THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAUI JIM DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MAUI JIM DOES NOT WARRANT THAT THE SITE, OR YOUR ACCESS TO OR USE OF THE SITE WILL: (i) BE UNINTERRUPTED; (ii) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) MEET YOUR REQUIREMENTS; OR (iv) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. MAUI JIM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAUI JIM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MAUI JIM MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND MAUI JIM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12. LIMITATION ON LIABILITY
IN NO EVENT WILL MAUI JIM's AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE OR THESE TERMS EXCEED: (i) THE AMOUNT (IF ANY) PAID BY YOU TO MAUI JIM IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (ii) ONE HUNDRED THOUSANDS AED (AED 100,000), WHICHEVER IS LESS.
You agree to defend, indemnify and hold harmless Maui Jim, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from: (i) any breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the servers of Maui Jim, and/or from any and all use of your Account; (ii) any material posted or otherwise provided by you, or any other subscriber or user of your Account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (iii) any misrepresentation made by you in connection with your use of the Site; and (iv) any breach of any of the representations, warranties or other terms or conditions relating to your use of the Site.
14. EXCLUSION OF DAMAGES
MAUI JIM WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF MAUI JIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MAUI JIM SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. WITHOUT LIMITING THE FOREGOING, MAUI JIM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF: (i) YOUR FAILURE TO COMPLY WITH SECTION 3 (ACCESS TO THE SITE; REGISTRATION AND PASSWORDS); (ii) CONTENT POSTED TO THE SITE BY YOU OR ANY THIRD-PARTY; OR (iii) YOUR FAILURE TO ADHERE TO THE TERMS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED DAMAGES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
15. CHOICE OF LAW; DISPUTE RESOLUTION
The Laws of the U.A.E. shall govern the use of the Site and the Terms of Service, without regard to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in the U.A.E. in the Emirate of Dubai.
16. TERMINATION OF ACCESS
Your access to the Site may be terminated immediately without notice if you fail to comply with any term or provision of these Terms of Service. Upon termination, you must cease use of the Site and any related services and destroy all materials obtained from the Site and all copies thereof.
These Terms of Service constitute the entire agreement between you and Maui Jim, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and Maui Jim. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
1 Unless otherwise noted, all trademarks, service marks, and trade names used herein, are trademarks or registered trademarks of Maui Jim, Inc. in the U.S. and certain jurisdictions, including but not limited to: MAUI, MAUI JIM, MAUI JIM (STYLIZED), MAUI JIM & PARROT DESIGN, MAUI EVOLUTION, MAUIREADERS, MAUIREADERS PLUS, MAUI PURE, MAUI ROSE, MAUIFLEX, MAUIGRADIENT, MYMAUI, POLARIZEDPLUS, POLARIZEDPLUS2, CLEARSHELL, COLOR LIKE YOU'VE NEVER SEEN IT, HCL, REFLECT YOUR BRILLANCE, TITANIUM ELITE, WELCOME TO COLOR, COLOR.CLARITY.DETAIL, MAUI JIM AUTHENTIC POLARIZEDPLUS2 and Design, THE WORLD'S MOST MEMORABLE GIFT EXPERIENCE and WWW.MAUIJIM.COM. POLAGE is a trademark of Austine Studios. GUY HARVEY is a trademark of Guy Harvey, Inc. PolarizedPlus2 lens technology is covered by U.S. Patent No. 6,145,984. Maui Jim Sunglasses may be covered by one or more of the following patents, or other patents not listed herein: U.S. Patent Nos. D481059; D481060; D488829; D508514; D539828; D543230; 9,671,622; 7,717,557; 6,145,984; and 8,550,619.