Terms of Service

Last updated: {{ 'now' | date: '%B %d, %Y' }}

These Terms of Service (the "Terms") govern your access to and use of the website operated by {{ shop.name }} (the "Site"), and any purchase, order, account, or other interaction you have with {{ shop.name }} (referred to as "we," "us," or "our"). By accessing the Site, creating an account, or placing an order, you agree to be bound by these Terms, our Privacy Policy, our Refund Policy, and our Shipping Policy, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, do not use the Site.

1. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account or place an order. If you are between 13 and the age of majority, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. The Site is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us with personal information, please contact us using the details below so we can remove it.

2. Changes to These Terms

We may revise these Terms at any time by posting an updated version on the Site with a new "Last updated" date. Changes take effect immediately upon posting. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. If a change is material, we will make reasonable efforts to provide notice, such as a Site banner or email to registered customers.

3. Accounts

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to update it as necessary. We reserve the right to suspend or terminate any account, at our discretion, for suspected fraud, abuse, violation of these Terms, or any unlawful activity.

4. Products, Descriptions, and Pricing

We make reasonable efforts to display product colors, materials, and features accurately, but we do not warrant that product descriptions, photography, or other content on the Site are accurate, complete, reliable, current, or error-free. Colors may appear differently depending on your device display. All prices are listed in U.S. dollars unless otherwise stated, are subject to change without notice, and do not include applicable taxes, duties, or shipping charges unless expressly stated. In the event a product is mistakenly listed at an incorrect price due to a typographical, pricing, or system error, we reserve the right to refuse or cancel any order placed for that product, whether or not the order has been confirmed, and to issue a full refund of any amount charged.

5. Orders and Payment

Placing an order through the Site is an offer to purchase, which we may accept or decline at our discretion, including where we suspect fraud, unauthorized or illegal activity, or where a product is unavailable, mispriced, or the order violates these Terms. A contract of sale is formed only when we confirm shipment of your order (or otherwise expressly accept it), and not upon your receipt of an automated order-confirmation email, which merely acknowledges receipt of your order. We reserve the right to limit or cancel quantities purchased per person, household, or order. Payment must be made in full through the payment methods made available at checkout, which are processed by Shopify and its payment partners; we do not store your full payment card details.

6. Shipping, Delivery, and Risk of Loss

Shipping methods, timeframes, and charges are described in our Shipping Policy. Estimated delivery dates are estimates only and not guaranteed. Risk of loss and title for products you purchase pass to you upon our delivery of the product to the carrier. We are not responsible for delays, loss, or damage caused by the carrier once the product has left our facility, though we will assist in good faith with carrier claims where reasonably possible.

7. Returns, Refunds, and Cancellations

Returns, exchanges, and refunds are governed by our Refund Policy. You may request to cancel an order only before it has been fulfilled or shipped; once an order has shipped, it is subject to our Refund Policy rather than cancellation.

8. Promotions, Discount Codes, and Gift Cards

Discount codes, promotions, and gift cards are subject to any additional terms disclosed at the time they are offered, may not be combined unless expressly stated, have no cash value except where required by law, are not redeemable for cash, and may be modified, limited, or discontinued at any time. We reserve the right to void any discount, promotion, or gift card obtained through fraud, error, or violation of these Terms.

9. Intellectual Property

The Site and all content on it, including text, graphics, logos, product photography, videos, page layouts, and the "{{ shop.name }}" name and any related marks, are owned by or licensed to {{ shop.name }} and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own personal, non-commercial shopping purposes. You may not copy, reproduce, republish, scrape, data-mine, reverse engineer, create derivative works from, or commercially exploit any part of the Site without our prior written consent.

10. User Content and Reviews

If you submit a product review, comment, photograph, or other content to the Site ("User Content"), you represent that you own or have the necessary rights to that content and that it does not infringe any third party's rights or violate any law. You grant {{ shop.name }} a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, and display your User Content in connection with operating and promoting the Site and our products. We may remove or refuse to publish any User Content, at our discretion, that is false, misleading, defamatory, obscene, infringing, or otherwise inappropriate.

11. Prohibited Uses

You agree not to: (a) use the Site for any unlawful purpose or in violation of any applicable law or regulation; (b) attempt to gain unauthorized access to the Site, other accounts, or our systems; (c) interfere with or disrupt the operation of the Site, including through malware, denial-of-service attacks, or excessive automated requests; (d) scrape, crawl, or harvest data from the Site by automated means without our prior written consent; (e) use the Site to transmit spam, fraudulent content, or malicious code; (f) impersonate any person or entity or misrepresent your affiliation; (g) circumvent regional pricing, shipping, or availability restrictions; or (h) resell products purchased from the Site in the ordinary course of retail trade without our prior written authorization.

12. Smart Glasses and Camera-Enabled Products — Acceptable Use

Some products we sell, including camera- and recording-enabled smart eyewear, are capable of capturing photographs, video, or audio of the people and places around you. You are solely responsible for using these products in compliance with all applicable federal, state, local, and international laws, including wiretapping, eavesdropping, and two-party or all-party consent recording laws that apply in your jurisdiction and the jurisdiction of anyone you record. You agree that you will not use any camera- or recording-enabled product: to covertly record any person without the consents required by law; in restrooms, locker rooms, changing rooms, or other places where a reasonable expectation of privacy exists; to harass, stalk, or violate the privacy or rights of any individual; or in any manner that violates a workplace, venue, or facility's recording policy. {{ shop.name }} disclaims all liability arising from your use or misuse of any recording-enabled product, and you agree to indemnify us as set out in Section 16 below for any claim arising from such use. Please also review our Product Safety, California Proposition 65, and Responsible Use Notice for additional information about these products.

13. Non-Prescription Eyewear and Vision-Related Disclaimer

Unless a product listing expressly states otherwise, all eyewear sold on the Site is non-prescription and is not a medical device. Nothing on the Site, including any description of UV protection, polarization, or blue-light filtering, constitutes medical advice or a claim that a product will diagnose, treat, cure, or prevent any medical condition or eye disease. If you have vision problems, eye strain, or believe you require corrective lenses, please consult a licensed eye care professional before use. Products should not be relied upon as a substitute for professional eye examinations or prescribed corrective eyewear.

14. Third-Party Links and Services

The Site may contain links to third-party websites, services, or content that are not owned or controlled by {{ shop.name }}. We are not responsible for the content, accuracy, or practices of any third-party site or service, and inclusion of a link does not imply endorsement. Your use of any third-party site is at your own risk and subject to that third party's terms and privacy policy.

15. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Site and all products are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, and you may have additional rights under your local consumer protection laws that these Terms do not limit.

16. Limitation of Liability and Indemnification

To the fullest extent permitted by applicable law, in no event will {{ shop.name }}, its owners, officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Site or any product, even if advised of the possibility of such damages. To the fullest extent permitted by applicable law, our total cumulative liability to you for any claim arising out of or relating to the Site or a product will not exceed the amount you actually paid us for the product giving rise to the claim in the twelve (12) months preceding the claim. Nothing in these Terms is intended to limit any liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by our negligence where applicable law prohibits such a limitation.

You agree to defend, indemnify, and hold harmless {{ shop.name }} and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: your violation of these Terms; your misuse of the Site or any product, including any camera- or recording-enabled product; your violation of any law or the rights of a third party; or any User Content you submit.

17. Dispute Resolution: Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights and, except as set out below, requires you to arbitrate disputes with {{ shop.name }} on an individual basis rather than in court.

Agreement to Arbitrate. You and {{ shop.name }} agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product (a "Dispute") will be resolved through final and binding arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies. This arbitration agreement is governed by the Federal Arbitration Act.

Class Action and Jury Trial Waiver. You and {{ shop.name }} agree that any arbitration or proceeding will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. You and {{ shop.name }} each waive any right to a jury trial and to participate in a class action, to the fullest extent permitted by applicable law.

Arbitration Procedure. The arbitration will be administered by a recognized arbitration provider such as the American Arbitration Association ("AAA") under its rules then in effect, including any applicable AAA Consumer Arbitration Rules, unless you and {{ shop.name }} agree otherwise in writing. The arbitration will take place in, or be conducted by telephone or video conference in a manner reasonably convenient to, the county in which you reside or another mutually agreed location, and will be conducted in English.

Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to the contact address below within thirty (30) days of the date you first became subject to these Terms, clearly stating that you decline to be bound by the arbitration agreement. If you opt out, neither you nor {{ shop.name }} will be required to arbitrate, but all other provisions of these Terms, including the class action waiver to the extent enforceable, will remain in effect.

Exceptions. Notwithstanding the foregoing, either party may bring a claim in court for injunctive relief to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights. Where applicable law does not permit enforcement of this arbitration or class action waiver provision, or where you reside in a jurisdiction that grants you non-waivable rights to a particular forum, this section will apply only to the extent permitted by such law, and any Dispute not subject to arbitration will be resolved in the courts specified in Section 18.

18. Governing Law and Venue

These Terms and any Dispute not subject to arbitration are governed by the laws of the State of Indiana, United States, without regard to its conflict-of-laws principles, except to the extent that mandatory consumer protection laws of your country or state of residence apply and cannot be waived. Subject to Section 17, you agree that any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Hamilton County, Indiana, and you consent to personal jurisdiction there.

19. Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disaster, pandemic, war, terrorism, labor dispute, governmental action, supplier or carrier delay, or internet or utility failure.

20. Severability, Waiver, and Entire Agreement

If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and Terms of Sale, constitute the entire agreement between you and {{ shop.name }} regarding the Site and supersede any prior agreements.

21. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

22. Accessibility

We are committed to making the Site accessible to people with disabilities. Please see our Accessibility Statement for details on our ongoing efforts and how to request accommodation or report a barrier.

23. Contact Us

Questions about these Terms can be directed to {{ shop.email }}{% if shop.phone != blank %} or {{ shop.phone }}{% endif %}, or by mail to 1002 Cavendish Dr, Carmel, IN 46032.