PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
All users of this site agree that access to and use of this site is subject to the following terms and conditions. If you do not agree to these terms and conditions, please immediately cease use of this website and do not correspond with or order products from NosePads.Com.
Copyright:
This site is Copyright 2011-2018, NOSEPADS.COM, All Rights Reserved. This site may include content this is licensed to NOSEPADS.COM.
Trademarks:
All trademarks, service marks, and trade names reproduced in this website which are not the property of NOSEPADS.COM or its affiliated companies are the property of their respective owners. If a trademarked term is not properly annotated, kindly notify us.
Warranty Disclaimer:
The contents of this site, the materials and products on this site, and any information contained in any correspondence from NosePads.Com personnel are provided "as is" and without warranties of any kind, whether express or implied. Such correspondence includes, but is not limited to, correspondence conducted via email, telephone, or any other means. To the fullest extent permissible pursuant to applicable law, NOSEPADS.COM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. NOSEPADS.COM does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. NOSEPADS.COM does not make any warrantees or representations regarding the use of the materials in this site or correspondence from NOSEPADS.COM personnel in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Use of this website and any correspondence involving NosePads.Com personnel is no substitute for obtaining optical and eyewear related information directly from your eyecare provider.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website or provided by correspondence by NOSEPADS.COM personnel for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and you expressly exclude NosePads.Com, its directors, officers, employees, and all others from any liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website or provided by NOSEPADS.COM personell by any means is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website or contact with NOSEPADS.COM personnel is accurate and meets your specific requirements.
By using this website, you acknowledge that the information in this website or information derived from any and all correspondence with NOSEPADS.COM personnel is of a general nature and may contain inaccuracies, and thus is not a substitute for obtaining advice and guidance from your local eyecare provider.
Limitation of Liability:
NOSEPADS.COM shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, or the result of any correspondence provided by NOSEPADS.COM personnel even if NOSEPADS.COM has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification:
You agree to indemnify, defend, and hold harmless NOSEPADS.COM, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your use of the NOSEPADS.COM website (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Miscellaneous:
Your use of this site shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NOSEPADS.COM products) shall be in the state or federal courts located in the nearest locality to West Bloomfield, Michigan USA. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NOSEPADS.COM products) must be commenced within one (1) year after the claim or cause of action arises. NOSEPADS.COM's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NOSEPADS.COM may assign its rights and duties under this Agreement to any party at any time without notice to you.
Shipments and NosePads.Com Final Approval:
All orders received are subject to final approval by NosePads.Com before shipping. NosePads.Com reserves the right to limit quantities shipped, decline any order without cause, vary shipping charges, correct pricing errors, or require alternative shipping methods. In such cases, the customer will be notified for approval prior to shipment. If not approved by the customer, the customers' full payment amount will be promptly refunded by the same manner as original payment.
Advertisements and Links:
This website may also include advertisements and/or links to other websites which may or may not be affiliated with NOSEPADS.COM or its affiliated companies.. These advertisements and/or links are provided for your convenience to provide further information. They do not signify that we endorse the vendors, websites, products, content or other information provided by these advertisements or links. We have no responsibility whatsoever for your use of such advertisements and/or links including, but not limited to, the content, services, products, or any malware (ie, computer viruses, trojan horses, etc) from such advertisements or linked website(s). You accessing such linked sites and/or advertisements is at your own risk and without warranty of any kind.
Typographical Errors:
In the event that a NOSEPADS.COM product is mistakenly listed at an incorrect price, NOSEPADS.COM reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. NOSEPADS.COM reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, NOSEPADS.COM shall issue a credit to your credit card account in the amount of the incorrect price.
Notice:
NOSEPADS.COM may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to NOSEPADS.COM.
Term; Termination:
These terms and conditions are applicable to you upon your accessing the site or completing the shopping process. These terms and conditions, or any part of them, may be terminated or modified by NOSEPADS.COM without notice at any time, for any reason. Current terms and conditions are accessible on the NOSEPADS.COM website. The provisions relating to Copyrights, Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.
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