Thank you for visiting eyeMAXXoutlet.com web site (the "Site"). eyeMAXXoutlet.com is a leading online retail store and information site for prescription eyeglasses, prescription sunglasses, prescription contact lenses and related products. eyeMAXXoutlet.com ("we or us") offer a large selection of prescription eyewear and related products, along with a wealth of information designed to help consumers make educated purchasing decisions. We want each visitor to the Site ("you") (i.e. any natural person acting on the Site with purposes having no relationship to his/her commercial or professional activity) to have a safe, pleasurable visit, so we have established the following general terms and conditions so that we (we and you) know what to expect from each other.
These general terms and conditions (which include the returns policy, shipping policy and privacy policy) are applicable to any use of the Site and to any agreements concluded between you and us through the Site. If you do not agree to these Terms and Conditions, you cannot use this Site and/or buy any products or services through this Site. We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and the General Terms and Conditions periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes.
TRADEMARKS
eyeMAXXoutlet.com and other graphics, logos, and service names used on the Site by eyeMAXXoutlet.com are the trademarks of eyeMAXXoutlet.com. eyeMAXXoutlet.com trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits eyeMAXXoutlet.com. All other brands and names (including third-party product names) are the property of their respective owners.
OUR RIGHTS
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind:
to satisfy any law, regulation, or government request
if such disclosure is necessary or appropriate to operate the Site
to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
Shipping & Delivery
There are a number of variables that can affect the speed at which we are able to fill your order for prescription eyeglasses, sunglasses, contact lenses, and other goods.
If we need to contact your doctor to obtain or verify prescription, it may take up to a few days for us to reach the doctor's office and/or hear back from them.
Strong Prescriptions - Prescriptions with CYL of +/- 3.00 and above
Orders with tints and transition lenses will require additional days to process.
If your prescription is incomplete or we have questions about your order, including the prescription, you will be notified and it may cause delays in production. Please keep an eye on your inbox after you place your order, as we will generally follow up with you via email should we have any questions about your order.
However, there are a number of variables that can affect the speed at which we are able to fill your purchase order for prescription glasses. In general, the more complete prescription information you are able to provide upfront, the quicker we will be able to get your glasses to you!
Please note:
Orders received between 4:30 pm (EST) on Friday and 12:00 pm (EST) Sunday will be processed Monday and shipped as soon as possible (pending on availability of the product ordered and completeness of prescription information entered). Processing generally takes (ex. 2 days).
Please keep in mind that quality assurance technicians inspect and verify each and every eyeglass order. If your eyeglasses happen to fail quality assurance, your expected delivery time will be delayed.
Return Shipping Policy
On exchange, repair or upgrade return shipping cost will be handled by customer, but if in the case of defective or error fault of eyeMAXXoutlet.com the shipping will be at the discretion of eyeMAXXoutlet.com on a case by case basis.
Privacy & Security
We, at eyeMAXXoutlet.com, are committed to maintaining the highest standards of personal data protection and will not collect information about you without your consent.
We may collect the following information:
name
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers
any information necessary or pertinent to filling and dispensing your order
As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.
What we do with the information we gather:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Newsletters
If you wish to subscribe to our newsletter(s), we will use email address to send the newsletter to you.We will send you service-related announcements, deals, or informational material(s) for a better purchasing experience. For instance, if our service is temporarily suspended for maintenance, we might send you an email.
Out of respect for your privacy, we provide you a way to unsubscribe. Please see the "Choice/Opt-out" section.
Choice/Opt-Out
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can email to info@eyemaxxoutlet.com, please put "Newsletter" in the Subject line.
Information Sharing
We will share your personal information with third parties only in the ways that are described in this privacy statement. The personal data we collect about our users shall be carefully and adequately processed, and will not be disclosed, rented or sold to third parties other than described within this privacy policy.
We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
We may also disclose your personal information:
as required by law such as to comply with a subpoena, or similar legal process
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
to any other third party with your prior consent to do so.
Cookies and Other Tracking Technologies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Security
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
If you have any questions about security on our Web site, you can email us at info@eyemaxxoutlet.com, please put "Security" in the Subject line.
Other Site Policy
The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
Notification of Privacy Statement Changes
We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.
We encourage you to periodically review this page for the latest information on our privacy practices.
Returns & Exchanges
EXCHANGE POLICY
If you wish to exchange an item (non-prescription frame, contact lenses, accessory), simply return the product within 30 days of the original delivery date and place another order. Follow the return instructions and we will issue an exchange to your original payment method after we have received and processed your exchange.
**Note: The purchase must be returned in its entirety, in the case in which it was initially shipped, and it must be shipped within thirty days of the initial delivery date to the customer. Items returned after the expiration of the warranty period will not be refunded in any amount, and no further consideration will be due. Once we have received and inspected your return, your exchange will be issued and you will receive an email confirmation that your exchange is completed. Please allow 5-7 business days for us to process your exchange.
Because of the time involved in shipping and processing your return, we recommend placing a new order right away to ensure the item you want is in stock.
Exchanging Prescription Lenses
Prescription lenses are customized items and therefore cannot be returned. After you have placed a prescription lens order, we recommend that you email, fax, or scan us a copy of your prescription to ensure accuracy. If we made an error and provided you with lenses that are inaccurate, we will gladly replace the lenses at no cost.
However, in the case that you entered your prescription incorrectly and wish to exchange, we will honor a one-time remake of the same lens at a 50% discount. Simply follow the return instructions, send the frame and lenses back to us and we will fit the new prescription into your frames.
Exchanging Prescription lenses only
Return both the frame and lenses. We will issue a 50% refund on the lens portion and place a new order with charges for the new lenses (not including frame).
Exchanging both frame and Prescription lenses
Return both frame and lenses and place a new order on our website. You will be credited 100% frame value and 50% lens value of the original order. A 10% restocking fee may be charged for prescription frames and nonprescription items.
RETURN POLICY
We will issue a full refund at your request for the following instances:
The item ordered was incorrect as a result of a fault by eyeMAXXoutlet.com
The prescription was incorrect as a result of a fault by eyeMAXXoutlet.com or our laboratories
**NOTE:Should you receive a product(s) that you did not order, please contact customer service as soon as possible by emailing us at info@eyemaxxoutlet.com, in subject line please put "Return: YOUR ORDER NUMBER".
**NOTE:If the boxes in which items arrive have extensive visible damage, please refuse delivery and contact our customer service department immediately. In some instances, returns may need to be processed through the manufacturer.
Please allow 5 - 7 business days from the time they are received for returns to be processed. All claims must be made within 3 business days upon receipt for all damaged items.
In the case that you do not like your glasses, contact lenses or accessory (or for any other reason) you may receive store credit, the following conditions apply:
20% restocking fee on all items will be withheld
Item must be in resale-able condition
Item must be in original undamaged packaging
Contact Lenses must be un-opened and not expired
**Note: Returns must be received within 30 days of the original delivery date. The purchase must be returned in its entirety, including product packaging which it was initially shipped with. Items returned after the expiration of the warranty period will not be refunded in any amount, and no further consideration will be due. Once we have received and inspected your return, your refund will be issued and you will receive an email confirmation that your return is completed. Please allow 5-7 business days for us to process your return. Your refund will appear on your credit card statement within 1 to 2 billing cycles.
Refund Method
Refunds can only be processed using the payment method used with your original purchase.
Ordering
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to:
provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and
maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy. Please review our Privacy Policy (below) to understand our privacy related practices.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
VALID PRESCRIPTION REQUIRED
You hereby certify that you have a valid prescription for the contact lenses or prescription eyewear that you are ordering. You represent and warrant to eyeMAXXoutlet.com by placing an order that your information you enter into the Site is valid and true and matches exactly your prescription as provided by your eye care provider. You further certify that you will renew your prescription in strict accordance with your eye care providers suggested regime. You understand that eyeMAXXoutlet.com will not fulfill your order unless you have a valid prescription. You hereby consent to our contacting your eye care provider, if necessary, to verify your prescription information and any other necessary information.
COLOR AND PRODUCT DESCRIPTION
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitors display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
Payment, Pricing & Promotions
PAYMENT OPTION
We accept the following forms of payment: Visa, Mastercard, Discover, or Amex. Payments can be made online or by phone. Full payment must be received before orders are processed or shipped.
PROMOTIONS
Promotions are dependent on conditions, may not be combined with offers, other promotions, insurance benifits/offers or any other discounts. It is at eyeMAXXoutlet.com discretion to determine the value and expiration of any promotion, offer, or discount.
Updating Account Information
To review and update your personal information to ensure it is accurate, please update your account. If you need assistance please email info@eyemaxxoutlet.com, please put "Updating Personal Information" in the Subject line.
SITE CONTENT
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the Choice/Opt-out section.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third partys web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
INTELLECTUAL PROPERTY POLICY
Because copying can harm rightful owners of IP rights we drafted the following IP Policy:
You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Site nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise. Use of the Site does not constitute a license to use in any way, any of the trademarks owned by us or our licensors, including but not limited to the words {0}. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Site are the copyright of us or our licensors, where applicable. Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial, use. Any other use of the Site including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site without prior written consent from us is strictly prohibited. Last but not least: you may not create and/or publish your own database that features substantial parts of the Site without our prior written prior approval.
GENERAL INFORMATION
DISCLAIMER OF WARRANTY
THE CONTENT (AS DEFINED BELOW) CONTAINED IN THIS SITE IS PROVIDED BY eyeMAXXoutlet.com AS A SERVICE TO ITS CUSTOMERS. THIS SITE DOES NOT CONTAIN INFORMATION ABOUT ALL EYE DISEASES, NOR DOES THIS SITE CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT TO YOUR EYECARE NEEDS. THE INFORMATION PROVIDED IN THIS SITE IS ONLY GENERAL HEALTH INFORMATION, AND IS INTENDED ONLY TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR PROFESSIONAL EYECARE PROVIDER. THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS MUST BE PRESENTED TO YOUR PROFESSIONAL EYECARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THIS SITE. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, eyeMAXXoutlet.com DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
eyeMAXXoutlet.com AND OUR MEDICAL ADVISORS, CONSULTANTS, AND STAFF EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THIS SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND USERS. FOR SUCH CONTENT, eyeMAXXoutlet.com IS A DISTRIBUTOR AND NOT A PUBLISHER. eyeMAXXoutlet.com HAS NO MORE EDITORIAL CONTROL OVER SUCH CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT OF eyeMAXXoutlet.com OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. THERE ARE NO WARRANTIES MADE AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF INFORMATION PUBLISHED BY eyeMAXXoutlet.com . eyeMAXXoutlet.com DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE WILL SATISFY YOUR REQUIREMENTS OR IS WITHOUT DEFECT OR ERROR.
LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND PROVINCES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SITE, YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
GENERAL INFORMATION
These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.
