Welcome to the BVGiWear website, www.BVGiWear.com (the “BVGiWear Website”), owned and operated by BG Valor, Inc., BVGiWear – The Sunglass Company (“BVG,” collectively the “Company”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the BVGiWear Website and BVG’s services, content and products (collectively, the “Site”).
Please review these Terms and Conditions closely.
- Representations: By accessing or using the website, you are representing to the Company that you are at least eighteen (18) years of age or have consulted with and obtained permission from your parent or legal guardian.
- LIMITATION OF LIABILITY: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, WHETHER BASES IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER RELATED TO THE USE OF THE WEBITE OR APPLICATION SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
- Indemnity: By using this application, you agree to defend, indemnify and hold harmless the Company and their directors, employees and agents, against any loss, damage, liability, cost or expense (including legal fees) asserted by any third party arising from: your use of an access to the website or application; your breach of any of these Terms and Conditions; and your infringement of any third party rights in relation to your use of an access to the website or application.
- Governing Law: This agreement and all rights and obligations of all parties shall be governed by and construed in accordance with the law of the State of California without regard to its conflicts of laws provisions.
- Jurisdiction: The parties agree to submit to the personal jurisdiction and sole and exclusive venue of the state and federal courts located in Riverside County, California.
- Invalidity: If any of the provisions in these Terms and Conditions is judged to be invalid or unenforceable, the defective provision shall first be revised, limited or amended, consistent with the general intent of provision, such that it is valid and enforceable, and the remaining provisions of the Terms and Conditions shall be unaffected and shall remain enforceable.
INTELLECTUAL PROPERTY NOTICE
Welcome to this website. Please carefully review the following basic terms and conditions that govern your use of our Site. Services we provide you are subject to these terms, and that your use of our Site constitutes your agreement follow and be bound by these terms.
Unless otherwise noted, all materials, including text, illustrations, photographs, designs, graphics, logos, button icons, images, audio clips, software and written and other material (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties, owned, controlled or licensed by BG Valor, Inc. (hereinafter “BVGiWear’s Intellectual Property”). U.S. and international copyright and trademark laws protect the Contents and the Site as a whole.
BVGiWear’s Intellectual Property may not be used without our express written consent. We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written permission of BG Valor, Inc. This license does not include any resale or commercial use of this Site or its Contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its Contents; downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of BVGiWear’s Intellectual Property or other proprietary information (including images, text, page layout or form) of the Site without our express written consent. You may not use any metatags or any other “hidden text” utilizing our name, trademarks, service marks or any other of BVGiWear’s Intellectual Property without our express written consent. Any unauthorized use terminates the permission or license granted by us.
Unless otherwise noted, all trademarks, service marks, and trade names used herein, are trademarks or registered trademarks of BG Valor, Inc. in the U.S., including, but not limited to: PFA1 lenses, WWW.BVGIWEAR.COM and WWW.BGVALOR.ORG. For more information on patents, including patent numbers, please email us at firstname.lastname@example.org.