SharkLids EyeGear, Inc. web site terms of use

Effective as of June 12, 2006

Terms of Use

SharkLids EyeGear, Inc. (herein referred to as “we,” “us,” “our” or “SEINC”) provides and makes available this web site located at www.sharklids.com (the “Web Site”). Thanks for stopping by. Your use of this Web Site is subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”). Please read this page carefully. By accessing, browsing or using this Web Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these terms, do not use the Web Site.

You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link at the bottom of each page of the Web Site. The revised Agreement will become effective immediately upon posting. You are responsible for checking these Terms of Use regularly in order to be aware of any changes.

Your Use of the Web Site

This Web Site contains material, such as text, graphics, images, presentations and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others. The Content is protected by copyright under both United States and foreign laws. Subject to your compliance with this Agreement, you are hereby granted a limited non-exclusive, non-transferable, non-sublicensable, and revocable license to access, download and copy the Content only for your own personal and non-commercial use. All other rights in the Content are expressly reserved by us. If you violate any part of this Agreement, your permission to access and/or use the Content and Web Site automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks used and displayed on this Web Site are our registered and unregistered trademarks. Other product and service names located on the Web Site may be trademarks or service marks owned by others. The trademarks may not be used to disparage SEINC or the applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the trademarks. Nothing on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Web Site, without the prior written permission of SEINC specific for each such use. All goodwill generated from the use of any SEINC trademark inures to our benefit.

Linking

The Web Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. If you decide to access linked External Sites, you do so at your own risk and SEINC is not responsible for any damages you may suffer from using such External Sites. You should review the terms of use and privacy policies for those sites before using them. Linking to this Web Site is prohibited without our prior, written agreement. If you would like to establish a link to this Web Site, please contact us at: weblinkrequest@sharklids.com. Please tell us the URL of the site that you want to link with and why you would like to link to our site.

Feedback

Any comments or feedback submitted by users of the website shall be and remain the property of SEINC. SEINC is under no obligation to pay for or to respond to any such comments or feedback provided by users.

Disclaimer

The content of THIS WEB SITE IS provided on an “ as - is ” AND “AS AVAILABLE” basis, and SEINC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “SEINC PARTIES“) hereby disclaim all warranties of any kind, including without limitation, warranties of merchantability, fitness for a particular purpose, TITLE, and NON-INFRINGEMENT. Use this Web Site at your own risk , and you assume all responsibility for such use. The SEINC parties will not be responsible for any damages you may suffer as a result of your use from this Web Site.

Some states do not allow exclusion of implied warranties, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE SEINC PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitation of Liability.

IN NO EVENT SHALL ANY SEINC PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM USE OF PRODUCTS PURCHASED ON THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A SEINC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE SEINC PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE SEINC’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO ACCESS THE WEB SITE.

Termination of the Agreement.

SEINC reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and access to all or any part of the Web Site or the Content, at any time and for any reason without prior notice or liability. SEINC reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability. If this Agreement is terminated, Sections 2, 6, 7, and 9 shall survive the termination of this Agreement.

Controlling Law

These terms of use shall be construed in accordance with the laws of the state of Delaware without regard to any Conflict of Law Provision. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of any state or Federal Court located in Boston, MA.

Privacy We take privacy very seriously. Access the Privacy Policy for this Web Site.

Intellectual Property We take rights in and to intellectual property very seriously. Access the Proprietary Rights Notice for this Web Site.

Revisions

As indicated above, SEINC may, from time to time, make revisions to this Web Site and reserves the right to do so without recourse from any user. If these Terms of Use Privacy change, the revisions will be posted on this Web Site. Please check back periodically. All changes are effective upon posting. Please be aware that, although we try to update the Web Site regularly, we do not guarantee it is current.