My Sunnies Terms and Conditions of
Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.
TERMS AND CONDITION
OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY MyArnies, Inc YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract
You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in My Sunnies's sole discretion. By visiting,
browsing, shopping, accessing or otherwise using the Site after a change has
been posted to the Site, the Customer accepts that change. Customers should
check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and My Sunnies (References to "you"
or "your" shall relate to a customer of My Sunnies or other party that
visits, browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "My Sunnies shall relate to My Sunnies and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using this
site ("Site"), you acknowledge that you have read, understood, and agree to be
bound by this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by My
Sunnies from time to time, do not use this Site. The material provided on
this Site is protected by law, including, but not limited to, United States
copyright law and international treaties. This Site is controlled and operated
by My Sunnies from its offices within the United States. My
Sunnies makes no representation that materials in the Site are appropriate
or available for use in other locations, and access to them from territories
where their contents are illegal is not authorized. Those who choose to access
this Site from other locations do so on their own initiative and are responsible
for compliance with applicable local laws.
Any claim relating to, and the use
of, this Site and the materials contained herein is governed by the laws of the
state of FL without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in DADE County, FL
to hear any such claims.
Access, Interference and Linking
My Sunnies grants you a limited license to access and make
personal use of the Site and not to download (other than page caching) or modify
it, or any portion of it, except as provided below under "Use Restrictions," or
with express written consent of My Sunnies. The following activity on the Site
is expressly prohibited: Any non-personal or commercial use of any robot,
spider, other automatic device, or manual process to monitor or copy portions of
the Site or the content contained herein without prior written permission by My
Sunnies; collection or use of any product listings, descriptions, or prices,
from the Site for the benefit of another merchant that supplies products
competitive with or comparable to those offered on the Site; and, Any use of,
visits to, or other action that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper and timely
functioning.
Any unauthorized use terminates the license granted by
My Sunnies. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of the Site so
long as the link does not portray My Sunnies, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any My Sunnies logo or other proprietary graphic or
trademark as part of the link without express written permission.
My
Sunnies does not review or control third-party sites that link to or from
the Site, and is not responsible for the contents of any third-party sites
linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held
by My Sunnies or by the original creator of the material. Except as
stated herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of MyArnies, Inc
or the copyright owner. Permission is granted to display, copy, distribute and
download the materials on this Site for personal, non-commercial use only,
provided you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials. You also may
not, without My Sunnies 's prior written permission, "mirror" any
material contained on this Site on any other server. Any unauthorized use of any
material contained on this Site may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their
respective owners. Photographs courtesy of respective manufacturers. My
Sunnies and the Circle of Service logo are trademarks of My
Sunnies Copyright © 2002 My Sunnies.
Microsoft and the Passport Logo are either registered
trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL My Sunnies BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE
MATERIALS ON THIS SITE, EVEN IF My Sunnies OR A My Sunnies AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE
OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with My Sunnies, its service providers, agents, employees, successors, assigns,
affiliates, parents, subsidiaries and any content provider or offer or of goods
or services on this Site or through any other associated activity, that ANY
CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY
HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED
TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION
AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under
the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the
time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Miami, FL. Each party
shall bear its own cost of any legal representation, discovery, or research
required to complete arbitration.
Privacy
Please
review our Privacy Notice, which also governs your visit to this Site.
You
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian.
My Sunnies reserves the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in its sole discretion.
Communications to My Sunnies. Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by My Sunnies for any
purpose, including but not limited to reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, My Sunnies is free to use any
ideas, concepts, know-how, or techniques contained in any communication you send
to My Sunnies or the Site for any purpose whatsoever, including but
not limited to developing, manufacturing and marketing products using such
information.
Copyright Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact:
My
SunniesPO Box 227113
Miami FL, 33222
Phone: 8668462774
Fax:
Email: sales@rbsunnies.com
Disagreement with These Terms and
Conditions
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
My Sunnies Terms and
Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH MyArnies, Inc. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract
This Sale Agreement is a legal
contract between the Customer and My Sunnies. The Customer accepts this Sale
Agreement by making a purchase, placing an order, or otherwise shopping on the
Site. (References to "you" or "your" shall relate to the Customer; references to
"My Sunnies" shall relate to My Sunnies and its affiliates.) The terms and
conditions of this Sale Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site at the time the Customer
initially places or modifies an order will govern the order in
question.
This Sale Agreement constitutes the entire agreement
between the Customer and My Sunnies relating to the purchase or sale
of goods or services on the Site. The Sale Agreement may only be modified or
terminated with regard to goods or services that have been purchased or sold on
the Site in a writing signed by My Sunnies. Electronic records (including
signatures), that are otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic records, which may be
provided via a web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting My Sunnies at the
address provided below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF FL, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
DADE COUNTY, FL FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING
OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected
by My Sunnies is My Sunnies responsibility. Loss or damage
that occurs during shipping by a carrier selected by Customer is Customer's
responsibility. Title to software will remain with the applicable
licensor(s).
Export Sales
If
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer
My Sunnies HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY My
Sunnies IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer
All products sold by My Sunnies are
third party products and are subject to the warranties and representations of
the applicable manufacturers, including but not limited to Y2K compliance.
Accordingly, My Sunnies makes no representation or warranty with
respect to the Y2K compliance of products sold.
Pricing and Information
Disclaimer
All pricing subject to change. For
all prices, products and offers, My Sunnies reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While My Sunnies uses
reasonable efforts to include accurate and up-to-date information on the
Site, My Sunnies makes no warranties or representations as to the
Site's accuracy. My Sunnies assumes no liability or responsibility for
any errors or omissions in the content on the Site.
Limitation of Liability
My Sunnies WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. My Sunnies WILL NOT BE LIABLE FOR
PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, My Sunnies IS NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), My Sunnies's advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed.
The Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Miami, FL. Judgment on the award rendered by the arbitrator(s) may
be entered by any court having jurisdiction. Each party shall bear its own cost
of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest; Taxes;
International Duties
Orders are not
binding upon My Sunnies until accepted by My Sunnies Terms
of payment are within My Sunnies's sole discretion. Invoices are due and payable
within the time period noted on the invoice, measured from the date of the
invoice. My Sunnies may invoice parts of an order separately. Customer
agrees to pay interest on all past-due sums at the highest rate allowed by law.
The Customer is responsible for sales and all other taxes, including
International Custom Duties associated with orders.
Return and Cancellation
Policy