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Terms of Use
Effective Date: 9/1/2020
Welcome to pitvipersunglasses.com (this "Site"), a website operated by Pit Viper, LLC ("Pit Viper," "we" or "us"). Before using our Site, please carefully read the following terms and conditions of use (these "Terms") and our Privacy Policy. As a condition to your access to or use of the Site, you consent to be bound by these Terms, so please do not use the Site if you do not agree with all of these Terms. Your use of the Site, and our provision of the Site to you, constitutes an agreement between you and Pit Viper to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them, so if you have any questions, contact us at legalteam@pitvipersunglasses.com.
Things happen quickly, both inside and outside of Pit Viper, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time in our sole discretion. All changes are effective immediately when we post them and apply to all access to or use of the Site thereafter.
By using the Site following the posting of revised Terms, you accept and agree to be bound and abide by the revised Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Site. You can use the Site if you are under 18, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activity. If you are younger than 13 years old, you may not use the Site.
Your use of the Site means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Site. We may also change our eligibility criteria.
We offer the Site only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Site for your minor child).
All of the content that appears on the Site, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Site, and other materials, are the exclusive property of Pit Viper and are protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Site and the overall “look and feel” of the Site, (collectively the “Marks”) are proprietary to Pit Viper. You may not display, reproduce, or otherwise use the content or materials on the Site, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Site. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Site, please contact us at legalteam@pitvipersunglasses.com.
Subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Site solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Site as provided by us, in the manner we permit through these Terms.
Your right to use the Site is limited any you are prohibited from doing any of the following:
We want to hear from you. Occasionally, you may see areas on the Site where you can post information or communicate with us or other users. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections or similar communications facilities.
“User Content” is any public communications or any other material you submit, distribute, transmit, or post to Pit Viper (through the Site; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores).
When you submit, distribute, transmit, or post User Content, you give us full right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Pit Viper to use your User Content to provide, promote, and improve the Site. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.
In addition to giving Pit Viper a license, you also give each user of the Site an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Site and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.
When you submit User Content, you represent and warrant that:
In addition, any User Content must not:
We take your privacy very seriously and are committed to keeping your private information, well, private. However, we also include certain features to open channels of communication, either among our users or between our users and us, and those features wouldn’t work if all your communication were completely private. Therefore, we don’t treat as private or confidential any User Content that you provide to those features of the Site. When in doubt, it is best to take a look at our Privacy Policy, which details the types of information we treat as confidential or private. If you post something publicly on the Site, others may be able to read it. You should always use caution when providing any personal information about yourself or anyone else, including your children.
You may see a lot of content on the Site, some of which will come from other users or sources outside of Pit Viper. All content, including User Content and third-party content, is the responsibility of the party that creates it. Pit Viper does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
We may review content on the Site, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Site, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Site. Pit Viper will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Site, regardless of whether Pit Viper or another party provides it.
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.
If you believe someone has posted on the Site a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):
Please contact the Designated Agent to receive notice of claimed infringement by calling 1-801-769-2113, emailing legalteam@pitvipersunglasses.com or writing Pit Viper, 159 W. Haven Avenue, Salt Lake City, UT 84115, Attn: Legal Department.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PIT VIPER OR ANYONE REPRESENTING PIT VIPER BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR PIT VIPER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIT VIPER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right to terminate your license to use the Site or block or prevent your access to the Site, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
11. Severability
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy[HYPERLINK]. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
These Terms constitute the entire agreement between you and Pit Viper and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Site. Any rights not expressly granted herein are reserved.
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.