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| TERMS OF USE OF EQUATIONLLC.COM |
INTRODUCTION
Please review the following terms and conditions that govern your use of our Equationllc.com Website ("Terms of Use"). The EQUATIONLLC.com web site is owned by Equation, LLC. Please note that your use of our website constitutes your unconditional agreement to follow and be bound by these Terms of Use and all applicable laws. The terms "you", "your," and "yours" mean you -- the user, the visitor, customer, and purchaser. The terms "we," "our," and "ours" means Equationllc.com. Equation LLC owns the EQUATIONLLC.COM web site. |
BINDING EFFECT
This is a binding agreement. By using the internet site EQUATIONLLC.COM (the “Site“), you agree to abide by these Terms of Use, as they may be amended by EQUATIONLLC.COM from time to time in its sole discretion. EQUATIONLLC.COM will post notice on the Site any time these Terms of Use have been changed or otherwise updated. Please do not use this Site if you do not agree to these Terms of Use. It is your responsibility to review theses Terms of Use occasionally, and if at any time you find these Terms of Use to be unacceptable, you must immediately cease use of the Site. |
USE OF SITE
You agree that by using the Site YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. We do not sell products to minors. We may, however, sell children's products for purchase by adults. |
GOVERNING LAW
This agreement, and any disputes arising out of this Agreement, shall be interpreted and construed in accordance with the laws of the State of Maryland and the United States, without regard to conflict-of-law principles. |
REFUNDS, RETURNS AND LOSSES
EQUATIONLLC.COM will provide you with a fifteen (15) day money back guarantee on the purchase of any eyewear from our web site. The fifteen day period starts upon receipt of the merchandise by the customer. The purchaser is responsible for all shipping costs relating to any and all returned items. The risk of loss and title, of items purchased by you, pass to you upon Equationllc.com’s delivery of the items to the carrier. |
PAYMENT
For any payment by check or money order, EQUATIONLLC.COM will ship the product(s) once the check has cleared and payment received. We accept most credit cards. |
SHIPPING
All shipping is F.O.B. Gaithersburg, Maryland. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier in Gaithersburg, Maryland. You are responsible for filing any claims with carriers for damaged and/or lost shipments. The purchaser is responsible for all shipping costs. Upon shipment, Equationsllc.com may email to you a tracking number, at your request. Equationllc.com offers shipping within the United States and its U.S. territories. |
| DISCLAIMER
At Equationllc.com we offer a wide selection of eyes glasses. In most cases, these products are not new and were not obtained directly from the manufacturers but rather have been purchased from individuals and organization that recycle used eyewear. This, in turn, allows us to bring incredibly low prices to you. In this regard, Equationllc.com expressly disclaims any indication that it is an authorized dealer or agent of any of the designers whose goods or products may be offered on this site. All other trademarks, service marks, product names, company names and logos appearing on Equationllc.com are the property of their respective owners.
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RULES OF CONDUCT
You shall not upload, download, display, perform, transmit, or otherwise distribute or publish though this Site any content that is libelous, defamatory, obscene or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. The Site intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. Further, when accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. |
PRIVACY POLICY.
Equationllc.com ( “we”, or “Site“) is committed to respecting privacy rights of its customers and visitors. We respect your privacy and permit you to control the treatment of your personal information. This policy is only applicable to this Site, and not to any other websites that you may be able to access from this Site, each of which may have date collection, and use practices and policies that differ from this Policy.
When you are required to open an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Equationllc.com immediately on any unauthorized use of your account, user name, or password. Equationllc.com shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Equationllc.com , its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. |
RESERVATION OF RIGHT TO REFUSE TO SELL EYEWEAR PRODUCTS
Equationllc.com reserves the right to refuse to sell products or provide services to any customer. Equationllc.com, at its sole discretion, can decide at any time for any reason not to sell articles or provide services to any customer. Furthermore, Equationllc.com is not required to provide a reason for doing so. The presence of this Site does not imply any requirement by the Site to sell products to anyone. By using this website, you agree to abide by the decision of Equationllc.com if it decides to refuse to sell eye wear products to you. You agree to forfeit any right or claims that you may have to force Equationllc.com to supply eye wear products or provide services to you. |
TYPOGRAPHICAL ERRORS
While at Equationllc.com, we strive to provide accurate product and pricing information, pricing or typographical errors may occur, Equationllc.com cannot confirm the price of an item until after you order. EQUATIONLLC.COM shall have 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 canceled, EQUATIONLLC.COM shall immediately issue a credit to your credit card account in the amount of the charge. |
INTERNATIONAL ACCESS
This Site may not be accessed from countries other than the United States. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations regarding online conduct and acceptable content. |
NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the EQUATIONLLC.COM or by any third party. |
INDEMNITY
You agree to indemnify EQUATIONLLC.COM for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless EQUATIONLLC.COM, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages, and or costs (including reasonable attorney’s fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. |
SEVERABILITY; WAIVER.
If, for whatever reason, a court of competent jurisdiction finds any terms or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. |
FORCE MAJEURE
If the performance of duties by EQUATIONLLC.COM under this agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of EQUATIONLLC.COM, then it shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such events. |
ARBITRATION
All disputes arising out of or relating to this agreement shall be finally settled by arbitration, conducted in Montgomery County, Maryland, under the rules of commercial arbitration of the American Arbitration Association (the “Rules”). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The foregoing shall not preclude equationllc.com from seeking injunctive relief in a court of law or equity for protection of its intellectual rights. The arbitrator’s decision will be based on the laws for the state of Maryland without giving effect to any principles of conflict of laws. You hereby waive any jurisdiction, venue, or inconvenient forum objections. |
COPYRIGHT
All contents of Site or service are: Copyright @ 2007 EQUATIONLLC.COM. All rights reserved. All text, images, graphics, animation, sounds, and other materials on this website ("Site") are subject to the copyrights and other intellectual property rights of EQUATIONLLC.COM. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites. |
NO WARRANTIES
EQUATIONLLC.COM hereby disclaims all warranties. Our Site and all its content and services included on or available though our Site are provided on an "AS IS" and "AS AVAILABLE" basis, for your use, without warranty of any kind. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. EQUATIONLLC.COM. AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE INTEND THAT THE CONTENT OF OUR SITES BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY: (I) THAT USE OF OUR SITES OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT OUR SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON OUR SITES WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH OUR SITES AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. |
NO MEDICAL ADVISE
Any content or information provided on out Site is meant for INFORMATIONAL PURPOSES ONLY and is not intended to substitute for any TYPE OF MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Please consult YOUR PHYSICIAN IF YOU HAVE ANY QUESTIONS ABOUT MEDICAL CONDITION, or the information presented herein. |
COLOR ACCURACY
We take reasonable measures to accurately display the attributes of our products, including the colors; however, the actual color you see will depend on your computer monitor. Equationllc.com cannot guarantee that your monitor will accurately display such colors. Neither the Equationllc.com or nor its employees make any warranties as to the color accuracy of the product displayed on this Site. |
SAFETY
The EQUATIONLLC.COM intends to provide good quality USED products; however, EQUATIONLLC.COM does not guarantee the safety or quality of the products that you purchase. It is not responsible for any injury you may suffer as a result of a manufacturing defect. In addition, you assume the risk of any and all damages or loss from the use or misuse of the products. Our eyewear products are not new but are recycled or used and are being sold on an “AS IS” and “AS AVAILABLE” basis and consequently may have defects, such as scratches, bends, nicks, warping or discoloration. |
AUTHENTICITY OF BRANDS – NOT VERIFIED
EquationLLC.com can not verify or guarantee the authenticity of the brand. We sell used eyewear on an “as is” and “as available” basis.
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LIMITATION OF LIABILITY
EQUATIONLLC.COM’S LIABILITY TO YOU IS LIMITED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, in no event shall EQUATIONLLC.COM be liable for any damages of any kind, including without limitation, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, SAVINGS, OR USE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY) arising out of this agreement. Without limiting the foregoing, the aggregate LIABILITY, if any, of EQUATIONLLC.COM OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS YOUR PURCHASED FROM EQUATIONLLC.COM. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other theory or form of action. |
AFFILIATED SITES
The EQUATIONLLC.COM has no control over, and no liability for any third party websites or materials. Equationllc.com makes no guarantees about the accuracy, currency, content or quality of the information provided by such other sites, and it assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on these other sites. It is your responsibility to make sure that you have taken appropriate precautions and conducted relevant investigations that you feel are necessary before using these other sites. You acknowledge that EQUATIONLLC.COM is not responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked websites. You agree that you irrevocably waive any claim against EQUATIONLLC.COM with respect to such other linked websites. |
CONTANCT INFORMATION
Please send any questions or comments regarding this site to the following address:
EQUATION LLC
267 Kentlands Blvd.
Box 2018
Gaithersburg, MD 20878
ACKNOWLEDGEMENT
BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
If you agree to be bound by the Terms of Use of this agreement, please click on the box on this page labeled
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Money back satisfaction guarantee within 15 days of receipt.
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Accepted Credit Cards |
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