Terms of Service

The 40millioneyewear.com U.S. website (“Site”) is operated by 40Million Eyewear Inc. (“40Million Eyewear”). Throughout the Site, the terms “40Million Eyewear,” “we”, “us,” and “our” refer to 40Million Eyewear Inc. 40Million Eyewear offers the Site, including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein and therein.

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By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink through the Site (e.g., “Terms of Sale,” Shipping Policy,” “Return Policy,” and “Limited Warranty”). These Terms of Service apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, or contributors of content.

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Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Service. If these Terms of Service are considered an offer, then acceptance is expressly limited to these Terms of Service.

 
Any new features or tools that are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace all or any part of these Terms of Service at any time, without notice, and in our sole and exclusive discretion, by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes.

 

The Site is hosted by Wix, a global website development platform headquartered in Tel Aviv, Israel. Wix provides us with the tools and online platform necessary to showcase our products and services, making them accessible to you.

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1. ONLINE STORE TERMS
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 of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any viruses, Trojans, worms, logic bombs, or any other code of a malicious and/or destructive nature. Furthermore, you must not attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site, or attack the Site via a denial-of-service (DoS) attack or distributed denial-of-service attack (DDoS). A breach or violation of any of the Terms will result in an immediate termination of Service and access to the Site.

 

2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the Site through which the Service is provided, without express written permission from us.

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms. Unless the context otherwise specifically requires, words importing the singular include the plural and vice versa.

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3. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete, or current.

 

The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information is, by definition, not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it

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4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices and information relating to our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Site or Service, or any direct, indirect, foreseeable, or unforeseeable consequence thereof.

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5. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and be subject to return as may be expressly stated on their product pages, or otherwise according to our Return Policy.

We have made reasonable efforts to accurately display the colors and images of our products appearing on the Site, but we cannot guarantee that your our photographs or your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or use of our Service to any person, geographic region, and/or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and/or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to modify or discontinue any product at any time. Any invitation to make an offer for any product or service available on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or those outside our area of service.

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You agree to provide current, complete, accurate, and truthful purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

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7. OPTIONAL TOOLS
We may provide you with access to third-party tools that we don’t monitor and over which we have no input or control.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any representations, warranties, or conditions of any kind or nature, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools.

Any use by you of third-party tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms and conditions on which such tools are provided by the relevant third-party provider. 

We may also, in the future, offer new services and/or features through the Site (including, but not limited to, the release of new tools and resources). Such new features and services shall also be subject to these Terms of Service.

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8. THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and shall not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any loss, harm, or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

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Please review carefully the third party's policies and practices, and make sure you understand them before you use their website or engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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9. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g., contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, reviews,  or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation to (i) use any comments; (ii) maintain any comments in confidence; (iii) pay compensation for any comment; (iv) credit any comments; or (v) respond to any comments.

We may, but have no obligation to, monitor, edit, or remove comments that we determine in our sole discretion are or may  be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violate any party’s intellectual property or other rights, or these Terms of Service.

You agree, represent, and warrant that your comments will not violate any right of any third party, including but not limited to copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree, represent and warrant that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus, malware, or other computer code that could in any way affect the operation of the Service or any related website or server.

 

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility, and assume no liability, for any comments posted by you or any third party.

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10. PERSONAL INFORMATION
Your submission of personal information through the Site is also governed by our Privacy Policy.

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11. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to, amongst other things, product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right—at any time and without prior notice (including after you have submitted your order)—to correct any errors, inaccuracies, and/or omissions, and to change or update information or cancel orders, if any information in the Service or on any related website is inaccurate.

We undertake no obligation to update, amend, or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date of the Site, Service, or any related website should be taken to indicate that all information in the Site, Service or on any related website has been modified or updated, or is accurate.

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12. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state laws, regulations, rules, or ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other protected class; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Site, Service or that of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Site, Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not represent, warrant, or guarantee that your use of our Site or 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 Site or Service will be accurate or reliable.

You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Site or Service at any time, without notice to you and without recourse.

You expressly agree that your use of, or inability to use, the Site or Service is at your sole risk. The Site, Service and all products and services delivered to you through the Site and Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind or nature, either express or implied, including, but not limited to, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall 40Million Eyewear or any parent or subsidiary company or its directors, officers, employees, affiliates, agents, contractors, attorneys, interns, suppliers, service providers, or licensors be liable for any injury, harm, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind or nature, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise arising from your use of the Site, the Service or any products procured using the Service, or for any other claim related in any way to your use of the Site, Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site, Service or any content (or product) posted, transmitted, or otherwise made available via the Site or Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless 40Million Eyewear and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, and interns from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of any third party.

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15. SEVERABILITY
In the event that any provision of these Terms of Service or any of the documents herein incorporated by reference are determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed, and such determination shall not affect the validity and enforceability of any other remaining provisions.

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16. TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or by ceasing use of our Site and/or Service.

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

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If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our Service (or any part thereof).

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17. ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this Site (e.g., Terms of Sale) or in respect to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and/or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

 

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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18. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the state of New York, without regard to any choice of law or conflict of law provisions or principles that would require or permit the application of the laws of any jurisdiction other than those of the state of New York.

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19. WAIVER OF JURY TRIAL

40Million Eyewear and YOU acknowledge that any CLAIM, CONTROVERSY, DISPUTE, OR LEGAL ACTION OF ANY KIND OR NATURE (COLLECTIVELY “DISPUTE”) that may arise under these terms of service OR RELATING THERETO, including, BUT NOT LIMITED TO, those additional terms and conditions and policies referenced herein and/or available by hyperlink through this Site (E.G., TERMS OF SALE) OR OTHERWISE AND IN ANY MANNER RELATING TO THE SITE OR SERVICE, is likely to involve complicated and difficult issues and, therefore, YOU AND 40MILLION EYEWEAR irrevocably and unconditionally waive any right THAT EITHER YOU OR WE may have to a trial by jury WITH respect TO any SUCH DISPUTE.

 

20. BINDING ARBITRATION

Except as otherwise prohibited by law, any DISPUTE between you and us shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue of the arbitration shall be New York City. Language of the arbitration shall be English and result in a written statement of the facts and legal reasoning supporting the decision of the arbitrator at the request of either party. The arbitration award shall be final and binding upon you and us and shall be the sole and exclusive remedy between you and us relating to the Dispute, including any claims, counterclaims, issues or accounting presented to the arbitrator. In the event that you or we institute arbitration against one another, then the prevailing party in the arbitration shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the arbitration, including reasonable attorneys' fees and expenses and court/arbitration costs. This entire provision is material to the Terms of Service.

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Any dispute arising out of or relating to the interpretation of or application of these arbitration provisions, including the scope, enforceability, revocability or validity hereof, shall also be subject to arbitration. YOUR OR OUR FAILURE to submit to arbitration as required herein will constitute a material breach of THE TERMS OF SERVICE. If judicial action is commenced in order to compel arbitration, and if arbitration is in fact compelled, the party that resisted arbitration will be required to pay to the other party all costs and expenses, including, without limitation, reasonable attorneys' fees and  costs, that they incur in compelling arbitration.

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Until the arbitrators’ award is issued, each respective side shall bear ITS own counsel and advisor fees, and the out-of-pocket costs of the arbitrator and the arbitration shall be shared equally by the parties to such arbitration; provided, however, that the arbitrator’s award shall reallocate those fees and costs in favor of the prevailing party. THIS Section 20 shall be binding on and inure to the benefit of the parties and their respective permitted successors and assigns.

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21. CLASS ACTION WAIVER

Unless otherwise prohibited by law, you and 40Million Eyewear expressly agree that: (i) each and the other may only bring disputes in their individual capacity, not with others or on behalf of any class of people, and (ii) neither YOU NOR WE shall participate in a class-wide arbitration, class action, representative claims, consolidated claims, or combine any claim that can be arbitrated with one that is for whatever reason not eligible for arbitration.

 

22. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion and at any time, to update, change, or replace all or any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our website periodically for changes. Notwithstanding anything contained herein to the contrary, your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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CONTACT INFORMATION
This Site is operated by 40Million Eyewear Inc., headquartered in Miami, Florida. We can be reached by email at info@40millioneyewear.com