Terms and Conditions of Use
Impactz Eyewear, Inc.
By using this site, you signify that you have read and assent to these Terms and Conditions of Use. If you do not agree to follow all of the Terms and Conditions of Use, do not use this site.
Impactz Eyewear, Inc. (Impactz) reserves the right to update these Terms and Conditions of Use at any time. Your continued use of the Impactz website means that you accept those changes.
This site features products manufactured, distributed, and sold by Impactz. The content of the Impactz site, including text, graphics, images, and other material (Content) contained on the Impactz site, are intended for advertising and informational purposes only. The products described in the Content are not intended to replace or to be a substitute or alternative for prescription eyewear. Always seek the advice of a qualified eye-care professional with any questions you may have regarding your eye-care. Never disregard professional medical advice or delay seeking it because of something you have read on the Impactz website.
Use of Content
Impactz authorizes you to view or download a single copy of the material on the Impactz website solely for your personal, noncommercial use. Any use of the Content must carry the copyright notice as follows: -©2003, Impactz Eyewear, Inc. All rights reserved."
The Content is protected by copyright under United States and foreign laws. Title to the Content remains with Impactz or its licensors. Any use of the Content not expressly permitted by these terms and conditions is a breach of these terms and conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of Impactz. If you violate any of these terms and conditions your permission to use the Content automatically terminates, and you must immediately destroy any copies of any portion of the Content.
Liability of Impactz and Its Licensors
The use of the Impactz site and its Content is at your own risk.
The Impactz site and the Content are provided on an -as is" basis. Impactz and its licensors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, noninfringement of third-party rights, and fitness for a particular purpose.
In no event shall Impactz, its licensors, or any third party(ies) mentioned on the Impactz site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, and damages resulting from lost data or business interruption) resulting from the use or inability to use the site or the Content, whether based on warranty, contract, tort, or any other legal theory and whether or not Impactz is advised of the possibility of such damages. Impactz is not liable for any personal injury, including death, caused by the use or misuse of the site. All actions must be brought within one year of the date of the occurrence of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Advertising and Links to Other Sites
Impactz does not endorse the content of any third-party website. Impactz is not responsible for the content of links, third-party sites, sites framed within the Impactz site or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk. Impactz does not endorse any third-partyęs product advertised on the Impactz site.
Indemnity
You agree to defend, indemnify, and hold Impactz, its officers, directors, employees, agents, licensers, and retailers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these terms and conditions.
General
Impactz is based in Florence, Massachusetts, in the United States of America. Impactz makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Impactz site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction. All of the provisions of this agreement survive the expiration or termination of the Terms and Conditions for any reason whatsoever.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Impactz or in any way relating to your use of the Impactz site, resides in the Courts of the Commonwealth of Massachusetts, and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the Commonwealth of Massachusetts in connection with any dispute including any claim involving Impactz or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement Except as Expressly Provided in a Particular "Legal Notice" on the Impactz Site
These Terms and Conditions constitute the entire agreement between you and Impactz with respect to the use of the Impactz site and Content. Your use of the Impactz site is also subject to the Impactz disclaimers and policies posted herewith.
November 3, 2003
LEGAL NOTICES
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
The materials on this website (the -Site") are provided by Impactz Eyewear, Inc. (-Impactz) as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from this site, you agree to these terms. If you do not agree to them, do not use the site or download any materials from it.
TRADEMARK DISCLOSURE
-Impactz" is a trademark belonging to Impactz, and may not be used without the prior written approval of Impactz. All other brands, names, and logos used on the site are the property of their owners and are used with specific permission by Impactz.
*All other brands and names are the property of their respective owners.
SINGLE COPY LICENSE
The materials on this site are copyrighted, and any unauthorized use of any materials on this site may violate copyright, trademark, and other laws. You may download one copy of the information (-Materials") found on the Impactz site on a single computer for your personal, noncommercial, internal use only, unless specifically licensed to do otherwise by Impactz in writing or as allowed by any license terms that accompany or are provided with individual Materials. This is a license, not a transfer of title and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose or any public display, performance, sale, or rental; (b) remove any copyright or other proprietary notices from the Materials; or (c) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
OWNERSHIP OF MATERIALS
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Impactzęs prior written permission. Except as expressly provided herein, Impactz does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by Impactz in writing or incorporated elsewhere in the Materials.
TERMINATION OF THIS LICENSE
Impactz may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy the Materials.
DISCLAIMER
THE MATERIALS ARE PROVIDED -AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL IMPACTZ BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF IMPACTZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Impactz further does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within these materials. Impactz may make changes to these materials or to the products described therein at any time without notice. Impactz makes no commitment to update the Materials.
LINKS TO OTHER MATERIALS
The linked sites are not under the control of Impactz, and Impactz is not responsible for the content of any linked site or any link contained in a linked site. Impactz reserves the right to terminate any link or linking program at any time. Impactz does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk.
APPLICABLE LAWS
This site is controlled by Impactz from its offices within the United States of America. Impactz 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 content is illegal is prohibited. 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. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
GENERAL
Impactz may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the most current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Copyright© 2003 Impactz Eyewear, Inc. All rights reserved.
711 Park Hill Road, Florence MA 01062, USA
* Legal Information © 2003 Impactz Eyewear, Inc.
Privacy Statement for Impactz Eyewear, Inc.
Impactz Eyewear, Inc. (-Impactz") has created this privacy statement in order to demonstrate our corporationęs commitment to privacy.
GTE is the location which houses the servers for Impactzeyewear.com in Boston, Massachusetts. GTE has no access to Impactzęs user information. It provides back-up servers and it may copy information posted to our servers for purposes of continuation of services. GTE is not permitted to use any information for any purpose.
Links
This site contains links to other sites. Impactz is not responsible for the privacy practices or the content of such websites.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control.
Passive Information Collection
Impactz does retain personal identification information. Impactz does log information such as what pages the user visits, browser type, IP address, and access times. The Impactz site does not use cookies.
Legal Disclaimer
Impactz does not share any personally identifiable information about users with third parties. We may disclose personal information when required by law or in good faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our website.
Notification of Changes
We will notify you directly if there is a material change in our privacy practices. We will take commercially reasonable measures to obtain written or active e-mail consent from the user if Impactz is going to be using the information collected from the user in a manner different from that stated at the time of collection. We will also post the changes in our Privacy Statement thirty days prior to a change.
Contacting the Website
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact:
Elizabeth Ryan
Impactz Eyewear, Inc.
711 Park Hill Road
Florence, MA 01062
e-mail address: please use our contact page e-mail form
Advertising Disclaimer
The information contained in this site represents the current view of Impactz Eyewear, Inc. (Impactz), on the issues discussed as of the date of publication. The information provided in this site, including information provided by advertisers, is provided on an -as is" basis without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and freedom from infringement. The user assumes the entire risk as to the accuracy and the use of this site. The site is based on independent and diligent analysis of Impactz, and relies on information supplied by sources believed to be reliable. The editors, authors, researchers, and others affiliated with this site may have an ownership interest in Impactz, and perhaps in the other entities that advertise on this site. Impactz, has received a fee to provide advertising.
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