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 Maui Jim, Inc. and its affiliates and subsidiaries including, but not limited to Maui Jim USA, Inc. (collectively, “Maui Jim”, “we”, “our”, or “us”). By accessing and using the Website, the user (“User”, “you”, or “your”) 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” or “Content”), and the collection, arrangement and assembly of the Website Content, is the property of Maui Jim 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 Maui Jim.

Use of Website Content: The Website, including all Website Content, is provided as a resource for Users to learn more about Maui Jim 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 Maui Jim 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 Maui Jim 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 Maui Jim or the applicable rights holder.

Links: The Website may include links to third party websites not operated by Maui Jim. 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 MAUI JIM 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 Maui Jim and/or its agents and authorizes Maui Jim 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 www.mauijim.com/privacy which is incorporated herein by reference.

Online Commerce: The Website allows Users to make online purchases. Where a User makes such a purchase via the Website, all information obtained by Maui Jim from the User in the course of such purchase, including User Information, may be collected by Maui Jim, 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 Maui Jim. Maui Jim 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 Maui Jim and its third-party vendors from any damages incurred by the User. Moreover, the User agrees not to assert against Maui Jim or its third-party vendors any claims arising from the User's purchase via the Website.

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 Maui Jim platforms. The User shall retain ownership of all User Content and hereby grants to Maui Jim 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 Maui Jim platforms and for our business purposes. The User also grants to the other users of the Website and related Maui Jim platforms a non-exclusive license to access the User Content via the Website and related Maui Jim 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 Maui Jim 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 Maui Jim has the right, but is not obligated, to use any such User Content and that Maui Jim 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 Maui Jim the license to use such content or materials as described herein. The User acknowledges that Maui Jim has no obligation to monitor or screen User Content submitted to the Website, but that Maui Jim 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 Maui Jim 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 Maui Jim 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 Maui Jim 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. Maui Jim 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 Maui Jim 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: Maui Jim 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, Maui Jim 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. Maui Jim reserves the right to revise the price, description, and/or availability of products without notice. In addition, Maui Jim reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.

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. Maui Jim provides the Website for use in the United States of America. Maui Jim 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: MAUI JIM 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.

Arbitration agreement and class action waiver for Virtual Try-On Application: Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to the use of our Virtual Try-On application (collectively, a "VTO Claim"), including any provisions relating to a consumer’s rights under the Illinois Biometric Information Processing Act (“BIPA”),  WILL BE RESOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration will be conducted pursuant to the Rules of the American Arbitration Association. Neither Maui Jim nor claimant will have the right to litigate that VTO Claim in court or to have a jury trial on that VTO Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, claimant will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in this paragraph or our Terms of Use, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. The only Claims excluded from this arbitration provision are claims for which mandatory arbitration would be invalid as a matter of applicable law. As a result, this submission of disputes to arbitration may not apply to you or your jurisdiction. In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.

Limitation of Liability: USE OF THE WEBSITE IS AT THE USER'S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW. MAUI JIM 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, MAUI JIM 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 MAUI JIM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity: Upon request by Maui Jim, the User agrees to indemnify, defend and hold harmless Maui Jim 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. Maui Jim 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 Maui Jim in asserting any available defenses.

Changes to Website: At any time and without notice to the User, Maui Jim 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: Maui Jim 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.

Law: These Terms of Use are governed by the laws of the State of Illinois 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 Peoria, Illinois for purposes of any legal action arising out of or related to these Terms of Use or use of the Website.

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 Maui Jim's liability for any loss or damage is not applicable to New Jersey residents to the extent Maui Jim 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 Maui Jim's DMCA Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

You may direct copyright infringement notifications to Maui Jim's DMCA Agent at: Maui Jim, Inc. ATTN: DMCA Agent, One Aloha Lane, Peoria, Illinois, 61615.

You acknowledge that if you fail to comply with all of the requirements detailed above, your DMCA notice may not be valid.

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