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Terms of Service

By creating an account and using this website, you agree to be bound by the following terms and conditions. These terms and conditions affect your rights – please read carefully. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. This website is operated by We Love Eyes Co LLC or its affiliated companies (“WLE”). Throughout the site, the terms “we”, “us” and “our” refer to We Love Eyes.
 
Acceptance of terms and conditions 
Your use of weloveeyes.com is expressly conditioned on your acceptance without modification of the terms and conditions. By using weloveeyes.com and/or purchasing something from us (collectively, our “Service”), you signify your acceptance of these terms and conditions, as the same may be amended from time to time, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (together, the “Terms of Service”, or “Terms”). WLE reserves the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this website. This website and our store are not intended by use for those persons under the age of majority in their jurisdiction. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any minors in your care to use this site. 
 
Terms of purchase
Certain products or services may be available exclusively online through the website. All products or services may have limited quantities and are subject to return or exchange only according to our Refund/Returns Policy. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to refuse any order placed with us and, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise these rights on a case-by-case basis. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
 
Prohibited use
Neither the weloveeyes.com website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of WLE, except that you may download, display and print the content presented on weloveeyes.com for your personal, non-commercial use only. Unauthorized use of weloveeyes.com and/or the content contained on weloveeyes.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited. Any use of this website for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this site, you agree that any and all information transmitted to or with the use of this site cannot and shall not be deemed confidential or proprietary. We reserve the right to monitor transmissions and investigate any alleged prohibited use of this website and to disclose any and all information relating to such prohibited use. WLE, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this website. Any violation of this or any other section contained herein may result in termination of service and or any other action we determine to be appropriate under the circumstances. Use of the weloveeyes.com website is void where prohibited by applicable law. In its sole discretion, in addition to any other rights or remedies available to WLE and without any liability whatsoever, WLE at any time and without notice may terminate or restrict your access to any component of weloveeyes.com

User name and password
Your weloveeyes.com website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized WLE representative. WLE recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session. All login names and passwords remain the property of WLE, and may be cancelled or suspended at any time by WLE without any notice or liability to you or any other person. WLE is not under any obligation to verify the actual identity or authority of the user of any login name or password. You must immediately notify WLE of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
 
Wholesale, Minimum Advertised Price & Guidelines
  • If you have an online store, you cannot discount We Love Eyes below MAP;
  • If you have a sale – you cannot advertise the price if it's below MAP, but you can advertise the discount amount;
  • Sales on any e-commerce site (Amazon, eBay  Jet, etc.) is strictly prohibited.
Privacy
You have read the WLE Privacy Policy, the terms of which appear on weloveeyes.com and are incorporated into these Terms of Service, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by WLE and/or third parties in accordance with the terms of and for the purposes set forth in the WLE Privacy Policy.
 
Modifications
WLE attempts to be as accurate as possible, but this website may contain typographical errors or technical inaccuracies. WLE reserves the right to modify the content of this website at any time without prior notice, including prices for our products (including corrections to erroneous pricing discovered after an order is placed). We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  All advertisements on the weloveeyes.com website are merely invitations for you to purchase goods or services from WLE, and are not offers to sell by WLE.
WLE reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if WLE believes that customer conduct violates applicable law or is harmful to the interests of WLE or any third parties. WLE’s failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision.
 
Ownership
The WLE website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of WLE, and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on weloveeyes.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of WLE and/or the applicable Third Parties. This website contains trademarks, trade names, service marks, copyrights, and/or logos belonging to WLE. Such marks remain the property of WLE. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. You recognize and acknowledge the ownership of these marks and understand that you do not acquire, through use of this website, any right, title, or interest in the marks. You agree not to change, modify, and/or exploit the marks, nor participate in any activity, which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without express written authorization is strictly prohibited.
 
Third party relationships
This website may contain links to other sites. These links are provided merely to assist the user. These sites are independent of WLE’s site, and we do not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect beliefs held by WLE. The inclusion of a link does not mean that we accept or endorse any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site. WLE, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites. If you decide to access other web sites, you do so at your own risk. Framing of the weloveeyes.com web site or any of its content in any form and by any method is strictly prohibited.
 
Severability
These Terms of Service shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
 
Warranties & limitations of liability
WLE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time-to-time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
 
Force majeure
Notwithstanding any other provision set forth in these terms and conditions, WLE shall not be liable for any failure or delay in its performance due to any cause beyond our reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that WLEshall attempt to correct promptly such failure or delay in performance to the extent practicable and consistent with then applicable law and regulatory requirements.
 
Maximum Liability
If, notwithstanding the foregoing, WLE or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of weloveeyes.com or its content, the liability of WLE and the Third Parties shall in no event exceed in the aggregate $250 US/CAD.
 
Indemnification
You hereby agree to indemnify, defend, and hold harmless, WLE, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney’s fees) asserted by any third party as a result of your use of this website. WLE has the right to control any defense pertaining to this section.
 
Relationship
Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other party.
 
Governing law
These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of California, United States of America, without regard to any choice of law principles.
 
Jurisdiction
You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of California and of the United States of America located in California for any and all claims arising from the use of this website.
 
Entire agreement
These Terms of Service constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter and may not be amended or modified except by WLE as set forth above.
 
English language
The parties have requested that these Terms of Service and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
 
Ratings and reviews
WLE enables visitors to weloveeyes.com to provide WLE with feedback by email or otherwise (“Customer Content”). If you provide Customer Content you grant WLE a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant WLE the right to use the name you submit with the Customer Content, if any, in connection with WLE’s rights hereunder.
Your email or any other personal information you provide in connection with your feedback may be used to contact you regarding the information you have provided as well as for administration and/or other purposes as outlined in the Terms of Service.
 
Pricing policy
WLE has attempted to match online prices to those in retail stores; however online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Due to differences in sale effective dates across jurisdictions, items may be available online at the sale price before they are available in store. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the weloveeyes.com website, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. All prices quoted are payable in United States dollar and, unless otherwise stated, do not include CAD, GST, PST, QST or HST. Weloveeyes.com may offer limited-time sales values, special buys and items at WLE’s everyday low price. Regular prices shown are the prices at which the products have been sold by WLE as of the date of issuance indicated. A correctly completed Review and Submit page delivered by you to WLE constitutes your offer to purchase gift cards or other products listed in your order. Your order shall be deemed to be accepted only at the point when WLE sends a shipping confirmation email to the email address you provided. If you would like to change your order, please email weloveeyes@support.sparkart.com and reference your order number.
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