My Sunnies Terms and Conditions of
Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.
TERMS AND CONDITION
OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY My Sunnies, YOU AGREE TO
BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract
You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in My Sunnies sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and My Sunnies (References to "you"
or "your" shall relate to a customer of My Sunnies or other party that visits,
browses, shops, accesses or otherwise uses the Site (the "Customer"); references
to "My Sunnies" shall relate to My Sunnies and its affiliates.) By
visiting, browsing, shopping, accessing or otherwise using this site ("Site"),
you acknowledge that you have read, understood, and agree to be bound by this
User Agreement and comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If you do not agree to
this User Agreement, as it may be changed by My Sunnies from time to time,
do not use this Site. The material provided on this Site is protected by law,
including, but not limited to, United States copyright law and international
treaties. This Site is controlled and operated by My Sunnies from its
offices within the United States. My Sunnies makes no representation that
materials in the Site are appropriate or available for use in other locations,
and access to them from territories where their contents are illegal is not
authorized. Those who choose to access this Site from other locations do so on
their own initiative and are responsible for compliance with applicable local
laws.
Any claim relating to, and the use of, this Site and the materials
contained herein is governed by the laws of the state of FL without regard
to conflict of law rules. You consent to jurisdiction of the federal and state
courts located in DADE County, FL to hear any such claims.
Access, Interference and Linking
My Sunnies grants you a limited license to access and make
personal use of the Site and not to download (other than page caching) or modify
it, or any portion of it, except as provided below under "Use Restrictions," or
with express written consent of My Sunnies.
The following activity on the
Site is expressly prohibited: Any non-personal or commercial use of any robot,
spider, other automatic device, or manual process to monitor or copy portions of
the Site or the content contained herein without prior written permission by My
Sunnies; collection or use of any product listings, descriptions, or prices,
from the Site for the benefit of another merchant that supplies products
competitive with or comparable to those offered on the Site; and, Any use of,
visits to, or other action that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper and timely
functioning.
Any unauthorized use terminates the license granted by
My Sunnies.
You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of the Site so long as the link does not
portray My Sunnies, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any My
Sunnies logo or other proprietary graphic or trademark as part of the link
without express written permission.
My Sunnies does not review or
control third-party sites that link to or from the Site, and is not responsible
for the contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by
My Sunnies or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of My
Sunnies or the copyright owner. Permission is granted to display, copy,
distribute and download the materials on this Site for personal, non-commercial
use only, provided you do not modify the materials and that you retain all
copyright and other proprietary notices contained in the materials. This
permission terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any downloaded or
printed materials. You also may not, without My Sunnies prior written
permission, "mirror" any material contained on this Site on any other server.
Any unauthorized use of any material contained on this Site may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
All trademarks and registered
trademarks are the sole property of their respective owners. Photographs
courtesy of respective manufacturers. My Sunnies and the Circle of Service
logo are trademarks of My Sunnies Copyright © 2002 My Sunnies
Microsoft and the Passport Logo are either registered
trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL My Sunnies BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF My Sunnies OR A My Sunnies, AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with My Sunnies, its service providers, agents, employees, successors, assigns,
affiliates, parents, subsidiaries and any content provider or offer or of goods
or services on this Site or through any other associated activity, that ANY
CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY
HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED
TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION
AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under
the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the
time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Miami, FL. Each party
shall bear its own cost of any legal representation, discovery, or research
required to complete arbitration.
Privacy
Please
review our Privacy Notice, which also governs your visit to this Site.
You
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian. My
Sunnies, reserves the right to refuse service, terminate accounts, remove or
edit content, or cancel orders in its sole discretion.
Communications to My Sunnies
Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by My Sunnies, for
any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore,
My Sunnies is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to My Sunnies or the Site for any
purpose whatsoever, including but not limited to developing, manufacturing and
marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact:
MyArnies,
Inc
PO Box 227113
Miami FL, 33122
Phone: 8668462774
Fax:
Email: sales@mydiors.com
Disagreement with These Terms and
Conditions
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
MyArnies, Inc Terms
and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH MyArnies, Inc. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract
This Sale Agreement is a legal
contract between the Customer and My Sunnies. The Customer accepts this Sale
Agreement by making a purchase, placing an order, or otherwise shopping on the
Site. (References to "you" or "your" shall relate to the Customer; references to
"My Sunnies" shall relate to My Sunnies and its affiliates.) The terms and
conditions of this Sale Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site at the time the Customer
initially places or modifies an order will govern the order in
question.
This Sale Agreement constitutes the entire agreement
between the Customer and My Sunnies relating to the purchase or sale of
goods or services on the Site. The Sale Agreement may only be modified or
terminated with regard to goods or services that have been purchased or sold on
the Site in a writing signed by My Sunnies. Electronic records (including
signatures), that are otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic records, which may be
provided via a web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting My Sunnies at the
address provided below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF FL, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
DADE COUNTY, FL FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING
OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
My Sunnies is My Sunnies responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software will remain with the applicable licensor(s).
Export Sales
If
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer
My Sunnies HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY My
Sunnies IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer
All products sold by My
Sunnies are third party products and are subject to the warranties and
representations of the applicable manufacturers, including but not limited to
Y2K compliance. Accordingly, My Sunnies makes no representation or warranty
with respect to the Y2K compliance of products sold.
Pricing and Information
Disclaimer
All pricing subject to change. For
all prices, products and offers, My Sunnies reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While My Sunnies uses
reasonable efforts to include accurate and up-to-date information on the Site,
My Sunnies makes no warranties or representations as to the Site's
accuracy. My Sunnies assumes no liability or responsibility for any errors
or omissions in the content on the Site.
Limitation of Liability
My Sunnies WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. My Sunnies WILL NOT BE LIABLE FOR
PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, My Sunnies IS NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), My Sunnies's advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed.
The Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Miami, FL. Judgment on the award rendered by the arbitrator(s) may
be entered by any court having jurisdiction. Each party shall bear its own cost
of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest; Taxes;
International Duties
Orders are not
binding upon My Sunnies until accepted by My Sunnies. Terms of payment are
within My Sunnies's sole discretion. Invoices are due and payable within the
time period noted on the invoice, measured from the date of the invoice. My
Sunnies may invoice parts of an order separately. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law. The Customer
is responsible for sales and all other taxes, including International Custom
Duties associated with orders.
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