TERMS OF USE

By using this website (mauijim.com), you are agreeing to comply with the following Terms of Use, which form a legally binding contract between you and Maui Jim, Inc., Maui Jim USA, Inc., and affiliated companies (collectivley,Company) Please review these Terms of Use closely!

Representations. By accessing or using the website, you are representing to the Company that you are at least eighteen (18) years of age (or have consulted with and obtained permission from your parent or legal guardian).

LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

Indemnity. By using this application, you agree to defend, indemnify and hold harmless the Company, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the website, (ii) your breach of any of these Terms of Use, and (iii) your infringement of any third party rights.

Governing Law. This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of laws provisions.

Jurisdiction. The parties agree to submit to the personal jurisdiction and sole and exclusive venue of the state and federal courts located in Peoria County, Illinois.

INTELLECTUAL PROPERTY NOTICE

Welcome to the Maui Jim, Inc. Web Site (Site). Please review the following basic terms and conditions that govern your use of our Site. Please note that the services we provide you are subject to these terms, and that your use of our Site constitutes your agreement to follow and be bound by these terms.

Unless otherwise noted, all materials, including text, illustrations, photographs, designs, graphics, logos, button icons, images, audio clips, software, written and other material (collectively, the Contents) are copyrights, trademarks, trade dress and/or other intellectual properties, owned, controlled or licensed by Maui Jim, Inc. (hereinafter “Maui Jim’s Intellectual Property”). U.S. and international copyright and trademark laws protect the Contents and the Site as a whole. Maui Jim’s Intellectual Property may not be used without our express written consent. We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written permission of Maui Jim, Inc. This license does not include any resale or commercial use of this Site or its Contents, any collection and use of any product listings, descriptions or prices, any derivative use of this site or its Contents, downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of Maui Jim’s Intellectual Property or other proprietary information (including images, text, page layout or form) of the Site without our express written consent. You may not use any metatags or any other hidden text, utilizing our name, trademarks, service marks or any other of Maui Jim’s Intellectual Property without our express written consent. Any unauthorized use terminates the permission or license granted by us.

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: U.S. Patent Nos. D481059, D481060, D488829, D508514, D539828, D543230, 7,717,557, and 6,145,984.