TERMS OF USE

Last update: February 11, 2020
Thank you for visiting forceflexeyewear.com (the “Website”). The following describes the terms on which Stryder Eyewear LLC (hereinafter referred to as “Company”, “we”, “us”, or “our”) provides you with access to the Website (the “Terms of Use”). These Terms of Use include our Privacy Policy.
By using this Website, you acknowledge that you have reviewed, and agree to be bound by, these Terms of Use, the Privacy Policy, all disclaimers and terms and conditions that appear elsewhere on this Website and all applicable laws. If you do not agree with these Terms of Use, the Website’s content or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using this Website.


1. Rules on Use of the Website

You must access and use this Website in a manner that, in Company’s sole discretion, is consistent with the purpose of this Website. As a condition of your use of the Website, you agree not to engage in any legal or illegal activity that harms Company, its mission or its partners. Any use of the Website or any other action that causes a disruption in Company’s mission, threatens or compromises the security of Company, its partners or Company’s mission, whether directly or indirectly, is strictly prohibited. Not limiting the foregoing, you shall not use this Website in any way that would interfere with its operation or that would infringe intellectual property laws or violate any other applicable laws.


2. Use of the Content of the Website

The content included in this Website, including but not limited to: text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips and other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Website (the "Content"), is provided for informational purposes only and is subject to the legal protections outlined below.


  1. Intellectual Property

The Website and all intellectual property rights associated with the Website and its Content are owned by Company or its affiliates, licensors, suppliers, representatives or agents. Company and its affiliates, licensors, suppliers, representatives or agents reserve all their intellectual property rights which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. Company grants you a limited non-exclusive, non-transferable and revocable license to access and use this Website and the Content only to display on your own computer and to print a copy of the Content for your own personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell these materials in any form or manner without the express written permission of Company. You may not assign, sub-license or otherwise transfer any of your rights and obligations in this these Terms of Use to any other person. Nothing in these Terms of Use grants you any rights in the Website other than as necessary to enable you to access and use the Website. You agree not to try to circumvent or delete any intellectual property notices contained on the Website and in particular in any digital rights or other security technology embedded or contained within any Content. Company does not warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.


  1. Trademarks

The trademarks and logos displayed on this Website are registered and unregistered Trademarks of Company, its affiliates, licensors, partners or agents (collectively the "Trademarks"). Nothing contained on this Website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark without the written permission of Company or such third party that may own the Trademarks displayed on this Website. Your misuse of the Trademarks displayed on this Website, or any other Content, except as provided in these Terms of Use, is strictly prohibited.


3. Remedies

Company reserves the right, at its sole discretion, to (i) determine if the Website is being used for any of the foregoing prohibited activities and to (ii) to terminate or suspend access to this Website at any time without notice and for any reason whatsoever. Violation of these Terms of Use may result in civil liability, and Company in its sole discretion, may investigate incidents that are contrary to these Terms of Use and provide requested information to third parties who have provided notice to Company stating that they may have been harmed by your failure to abide by these Terms of Use. Company may bring legal action to enjoin violations and collect damages caused by any violation of any part of these Terms of Use and you agree to indemnify and hold Company and its affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of this Website. No failure by Company to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy.


4. Disclaimer of Warranties

Company intends for the Content on this Website to be accurate and reliable, however, this Website and the Content are provided to you on an "as is" and "as available" basis and without warranty or condition of any kind, whether express or implied. In particular, Company makes no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through this Website. Furthermore, to the fullest extent permissible pursuant to applicable law, Company, its affiliates, officers, directors, employees, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. Company expressly disclaims any representation or warranty that this Website will be free from errors, viruses, malware or other harmful components, that communications to or from this Website will be secure and not intercepted, that the services and other capabilities offered from this Website will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.


5. Limitation of Liability

NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT OR EXCLUDE ANY LIABILITY ON THE PART OF COMPANY WHERE AND TO THE EXTENT THAT APPLICABLE LAWS PROHIBIT SUCH EXCLUSION OR LIMITATION. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, OFFICERS, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ACTIONS TAKEN OR NOT TAKEN PURSUANT TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, FRAUDULENT ACTIVITY, ANY MISREPRESENTATION BY A THIRD PARTY MADE IN RESPECT OF THE WEBSITE OR CONTENT THEREIN, ANY FAILURE BY COMPANY TO ENSURE THAT IT DOES NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, ANY HYPERLINK ON THE WEBSITE TO ANY THIRD PARTY SITE, ANY LOSS OR DAMAGE INCURRED BY DELAYS OR ERRORS IN, OR THE DOWNTIME OF, THIS WEBSITE OR RESULTING FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET OR OF A THIRD-PARTY TELECOMMUNICATION SERVICE, OR OTHERWISE, EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, OFFICERS, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, TORT, EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY OTHER SITE YOU OR USERS OF YOUR ACCOUNT MAY ACCESS WHILE USING THIS WEBSITE OR YOUR USE OR THE USE BY USERS OF YOUR ACCOUNT OF THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


6. Hyperlinks

The Website may contain hyperlinks or references to third party websites other than the Website itself. Any such hyperlinks or references are provided for your convenience only. Company has no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third-party website may be governed by the terms and conditions and privacy policies of that third-party website.


7. Modifications

Company reserves the right to make changes to this Website, these Terms of Use and the Privacy Policy at any time. Each time you use this Website, you should visit and review the then current Terms of Use and Privacy Policy that apply to your transactions and use of this Website. Please refer to the last update date which appears at the top of this page to know the posting date of any change to these Terms of Use. Your continued use of this Website following any modification to these Terms of Use or the Privacy Policy constitutes your agreement to such modified Terms of Use and Privacy Policy.


8. Governing Law

To the extent permitted by applicable law, these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Florida, United States of America, without regard to any conflict of law provision. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of competent jurisdiction of Miami-Dade County, Florida in respect of any action or proceeding arising out of or related to this Website.


9. General

These Terms of Use, including the Privacy Policy constitute the entire agreement between you and Company with respect to your use of this Website and supersede all previous agreements, understandings and representations relating thereto. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Company reserves the right to establish or modify these Terms of Use. Our new Terms of Use will be displayed on our Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. Where practical, Company will provide you with prior notice of such new or modified practices. It is your responsibility to consult these Terms of Use from time to time to verify such variations.


10. Contact

This Website is operated by Stryder Eyewear LLC, a Delaware limited liability company with an office located at 1680 Michigan Avenue, Miami Beach, Florida, 33139, U.S.A. Unless otherwise expressly stated in these Terms of Use, all notices from you to us must be in writing and sent to: info@forceflexeyewear.com.