Agreement between User and EnChroma.com
Welcome to EnChroma.com. The EnChroma.com website (the “Site”) is comprised of various web pages operated by EnChroma, Inc. (“EnChroma”). EnChroma.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of EnChroma.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
EnChroma.com is an E-commerce Site engaged in the business of marketing and sales of spectacle glasses, sunglasses and prescription eyewear.
If you are using EnChroma Site on behalf of a business, that business accepts these terms. That business will hold harmless and indemnify EnChroma and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
EnChroma responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Visiting EnChroma.com, using the live chat function, placing orders, and/or sending emails to EnChroma all constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EnChroma is not responsible for third party access to your account that results from theft or misappropriation of your account. EnChroma and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
EnChroma does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use EnChroma.com only with permission of a parent or guardian.
Products can be returned for a full refund within 60 days of the date of shipment. Late returns may be refused or assessed an additional restocking fee. Returned products must be in original condition with all components including original packaging and accessories. Damaged products may be assessed a refurbishment fee. Products missing components may be assess a refurbishment fee. Customers are responsible for the cost of return shipping. Duties and taxes collected by foreign governmental agencies are not refundable by EnChroma. All “Fit to Frames” returns are subject to a $100 processing fee.
Links to Third Party Sites/Third Party Services
EnChroma.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of EnChroma and EnChroma is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EnChroma is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EnChroma of the site or any association with its operators.
Certain services made available via EnChroma.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the EnChroma.com domain, you hereby acknowledge and consent that EnChroma may share such information and data with any third party with whom EnChroma has a contractual relationship to provide the requested product, service or functionality on behalf of EnChroma.com Users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EnChroma or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. EnChroma content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of EnChroma and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EnChroma or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by EnChroma from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EnChroma Content accessed through EnChroma.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless EnChroma, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any User postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. EnChroma reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EnChroma in asserting any available defenses.
EnChroma reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EnChroma as a result of this agreement or use of the Site. EnChroma’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EnChroma’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EnChroma with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and EnChroma with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and EnChroma with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
User Submitted Materials
From time to time the Company may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, the Company welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company will become, upon your submission, the sole and exclusive property of the Company and the Company shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that the Company has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to the Company. By submitting any materials of any kind to the Company, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Company does not and will not violate or infringe the rights of any third-parties.
The Company has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, the Company reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by the Company necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. The Company does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
You agree to fully indemnify the Company, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.
EnChroma makes no representations or warranties of any kind, express or implied, as to the operation of this site, to the information, content, materials or products included on this site, or to the functionality of any services associated therewith. To the fullest extent permissible by applicable law, EnChroma disclaims any and all implied warranties, including but not limited to implied warranties of title, merchantability and fitness for a particular purpose, of workmanlike effort, of suitability, availability, accuracy, reliability, completeness or timeliness of content, or of non-infringement, as well as warranties arising through course of dealing or usage or trade. Further, EnChroma makes no representations or warranties that this site and/or its contents are accurate, complete, reliable, current or error-free, or that any disclosures on this site satisfy government regulations regarding the disclosure of information related to certain products. EnChroma is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this site.
By using the EnChroma site, you acknowledge that your use of the site, including your use of any and all associated content, data or software distributed by, downloaded or accessed from or through this site, and any associated services is solely at your own risk. EnChroma does not warrant or guarantee that its site, servers or e-mails sent by or on behalf of EnChroma are free of viruses, worms or other harmful components. Further, EnChroma does not guarantee the continuous, uninterrupted and error-free operation of its site, nor that all communications between you and EnChroma, or between you and any other user of the site, will be secure from access or interference by third parties.
EnChroma will not be liable for any damages of any kind arising from or otherwise related to your use of or inability to use this site or the associated services, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if EnChroma has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, EnChroma will not be liable for any damage to your computer, telecommunication equipment, or other property caused by or arising from your accessing or use of this site, or from your downloading of any materials from this site, or for any damages arising out of a third party’s unauthorized access to and use of your personal information stored on EnChroma computers and/or servers. In no event shall the aggregate liability of EnChroma, its parent, subsidiaries or affiliates — whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory — arising out of or relating to the use of this site exceed the lesser of $10, or the total amount you paid to EnChroma.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENCHROMA, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ENCHROMA, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENCHROMA, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Changes to Terms
EnChroma reserves the right, in its sole discretion, to change the Terms under which EnChroma.com is offered. The most current version of the Terms will supersede all previous versions. EnChroma encourages you to periodically review the Terms to stay informed of our updates.
EnChroma welcomes your questions or comments. Our mailing address is:
2560 9th Street, Suite 213B
Berkeley, California 94710