Terms Of Use and Service | Jonathan Paul® Fitovers - The ORIGINAL Fit Over Sunglasses

Terms Of Use and Service

Last updated June 5, 2014

You Agree to These Terms by Using this Site

Your access to, and use of, www.fitovers.com, including the content, Services and Software provided there (collectively, the "Site") are subject to the following Terms of Use and all applicable laws and regulations. If you do not agree to and accept, without limitation or qualification, these Terms of Use, please exit the Site.

Conditions of Sale

Price

The sunglasses cost $79.95 and $89.95 each.

Payment Options

Credit Cards, PayPal, check or money order

Checks should be made out to:

Jonathan Paul Eyewear Online Store

33 West Bacon St. 

Plainville MA 02762

Personal and business checks will be held for up to 10 business days to ensure payment clears before an order is shipped.

Shipping

We do not charge for shipping on initial orders. Sunglasses will be shipped via United States Postal Services and generally delivered in 3-5 business days.

Customers will be responsible for shipping returned or exchanged items.

Return Policy

Purchases made on Fitovers sunglasses can be returned within 30-days from the date of purchase. In addition to all original packaging, returns must also include the following information:

Reason for the Return

Name

Address

Phone number

Email Address

Mail returns to:

Jonathan Paul Eyewear – Customer Service Returns

33 West Bacon St. 

Plainville MA 02762

Refund Policy

In order to receive a refund, items purchased from our website must be returned within 30-days from the date of purchase. For a full refund, we must have all original packaging and in new, sellable condition.

A $9.95 restocking fee for each item returned will be deducted from the refund amount. Refunds should take 24-48 hours.

Call 800-955-6544 for customer service, Monday through Friday, 8am to 5pm CST, with any questions

Exchange Policy

Purchase made from Fitovers Eyewear can be exchanged within 30-days from the date of purchase and with proof of purchase.

Call 800-955-6544 for customer service, Monday through Friday, 8am to 5pm CST, for instructions.

Order Cancellation

An order begins processing immediately after it is submitted. During processing time it may be possible to cancel your order, but once the order moves into the shipping process, it cannot be canceled.

To attempt to cancel your order during processing, please call 800-955-6544.

If you have changed your mind about the order and it is too late to cancel because the item has already shipped, then you can return any unwanted items in accordance with the seller's returns policy.  All cancellations or returns are subject to a fee of $9.95 for each order.

Lens Replacement Service

If your lenses are scratched and you wish to replace them, we will gladly install a new set into your frame for a nominal fee. Call 800-955-6544 for customer service, Monday through Friday, 8am to 5pm CST, for instructions.

1-year Limited Manufacturers Warranty 

All sunglasses have a 1-year limited warranty for manufacturing-defect 1 year from the date of purchase. Jonathan Paul Eyewear will gladly replace or repair, any product with a manufactures' defective. Scratched lenses, neglect, misuse, accidental breakage or normal wear and tear does is not covered under the manufacturers warranty. The warranty does not include shipping costs. The warranty includes defects in material and workmanship 1 year from the purchase date. Any claim must be made within 1 year of the purchase date.

We do offer a replacement service for items not covered under warranty. You may register your warranty online or mail in your warranty card to your nearest our office. Manufacturing faults do not include issues arising from general use or neglect. A warranty assessment takes into account the frame’s age and damage from neglect or general use.

For a warranty assessment, send the product, copy of the original receipt, and a check for the $9.95 shipping and handling fee to Jonathan Paul Eyewear 33 West Bacon St. Plainville MA 02762. Warranty covered frames that have been discontinued will be replaced with the most similar model. This warranty only applies to frames.

Scratched Lenses Not Included

The limited warranty does not include scratched lenses. Some wear of the lenses should be expected during the life of the sunglasses. Replacement lenses can be purchased at a minimal cost to replace scratched lenses, please call 800-955-6544 for ordering instructions.

The limited warranty does not affect any statutory rights. This warranty is in lieu of all other express warranties and of all other liabilities and obligations on the part of Jonathan Paul Eyewear except implied warranties, including the merchantability, and limited in duration to 1 year from the purchase date. Any claims for breach of this warranty must be started within 1 year from the time the defect occurs or should have been discovered. Jonathan Paul Eyewear expressly denies the rights of any person to incur or assume for it any other liability or obligation in connection with the sale of these sunglasses.

WARNING: SUNGLASSES ARE IMPACT-RESISTANT IN ACCORDANCE WITH FDA REGULATIONAS; HOWEVER, THESE SUNGLASSES ARE NOT SHATTERPROOF OR BREAK-PROOF AND DO NOT PROVIDE AN UNBREAKABLE SHIELD AGAINST EYE INJURY.

Recognize and Respect Intellectual Property Rights

Jonathan Paul Eyewear owns intellectual property related to this website. The design and content of this website may be subject to copyright laws and company logos and taglines are also protected under trademark laws.

Terms of service includes affirming Jonathan Paul Eyewear’s ownership rights and requires written consent for any use of Jonathan Paul Eyewear’s protected materials.

Ownership of Content

The Site and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by Jonathan Paul Eyewear or others with all rights reserved unless otherwise noted any Content that is a trademark, logo or service mark is also a registered and unregistered trademark of Jonathan Paul Eyewear or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that Jonathan Paul Eyewear will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

All Submissions become Content that is owned by Jonathan Paul Eyewear. *The only Content you may download from this Site is Content included in a Submission or other Content expressly made available for downloading, such as screensavers. You may download Content expressly made available for downloading and Content included in a Submission for non-commercial, personal use, and provided that you also retain all copyright and other proprietary notices contained on the Content. You may also download Content included in a Submission for purposes of creating your own entry in a Challenge;

  • you must comply with all applicable laws, rules and regulations while using the Site;
  • you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Jonathan Paul Eyewear's written permission;
  • you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law — Jonathan Paul Eyewear will fully co-operate with any law enforcement authorities or any court order requesting or directing Jonathan Paul Eyewear to disclose the identity of anyone posting or transmitting any such information or materials;
  • you are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any representative of Jonathan Paul Eyewear or its Affiliated Entities, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that we endorse any statement you make;
  • you are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purposes any portion of, use of or access to the Site.
  • You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
  • You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
  • You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies or regulations of such networks;

Registration; User Names and Passwords

You may be required to register with Jonathan Paul Eyewear in order to access certain areas of the Site. With regard to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify Jonathan Paul Eyewear of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Disclaimer of Warranties

THE SITE AND ALL SOFTWARE, SERVICES, CONTENT AND USER CONTENT MADE AVAILABLE THROUGH THE SITE ARE SUBJECT TO CHANGE AND ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Jonathan Paul Eyewear neither warrants nor represents that your use of the Site, any Software, Services, Content or User Content will not infringe the rights of any third parties nor that any of the foregoing will be accurate, complete or up-to-date. Additionally, with reference to any postings, submissions and the like that may be on the Site, Jonathan Paul Eyewear assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law, contained in any such locations on the Site.

Exclusion of Liability

YOUR USE OF THE SITE OR ANY SOFTWARE, SERVICES OR MATERIALS AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER JONATHAN PAUL EYEWEAR, NOR ANY OF ITS AFFILIATED ENTITIES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS AND REPRESENTATIVES, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE SERVICES, SOFTWARE, CONTENT OR USER CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, SOFTWARE, CONTENT OR USER CONTENT, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER JONATHAN PAUL EYEWEAR NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR SOFTWARE, OR RESULTING FROM ANY CONTENT OR USER CONTENT POSTED ON THE SITE BY JONATHAN PAUL EYEWEAR OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

Links to Third Party Sites

The Site may contain links to sites owned or operated by parties other than Jonathan Paul Eyewear. Such links are provided for your convenience only. Jonathan Paul Eyewear does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Jonathan Paul Eyewear specifically disclaims any responsibility if such sites:

  • infringe any third party's intellectual property rights;
  • are inaccurate, incomplete or misleading;
  • are not merchantable or fit for a particular purpose;
  • do not provide adequate security;
  • contain viruses or other items of a destructive nature; or
  • are libelous or defamatory.

Jonathan Paul Eyewear does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites, you do so at your own risk and without the permission of Jonathan Paul Eyewear.

Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported:

into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or

* to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

Jonathan Paul Eyewear does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list

Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe", "expect", "intend", "estimate", "anticipate", "project", "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Jonathan Paul Eyewear's historical experience and our present expectations or projections. These risks include, but are not limited to, our ability to finance expansion plans, share re-purchase programs and general operating activities; changes in the non-alcoholic beverages business environment, including actions of competitors and changes in consumer preferences; regulatory and legal changes; fluctuations in the cost and availability of raw materials; interest rate and currency fluctuations; changes in economic and political conditions; our ability to penetrate developing and emerging markets; the effectiveness of our advertising and marketing programs; litigation uncertainties; adverse weather conditions; and other risks discussed in our Company's filings with the Securities and Exchange Commission (the "SEC"), including our Annual Report on Form 10-K, which filings are available from the SEC. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Jonathan Paul Eyewear undertakes no obligation to publicly update or revise any forward-looking statements.

Indemnity

You agree to defend, indemnify and hold harmless Jonathan Paul Eyewear, the Affiliated Entities and any other party involved in creating, producing or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation lawyers' fees) arising out of (a) your use of, or activities in connection with, the Site, the Services or the Software; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Submission or User Content that you make available or create through the Site, the Services or the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

Termination:

You agree that Jonathan Paul Eyewear, in its sole discretion, may terminate your access to or use of the Site and the Services, at any time and for any reason, including without limitation if Jonathan Paul Eyewear believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Services will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Jonathan Paul Eyewear may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither Jonathan Paul Eyewear nor any Affiliated Entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

Revisions to the Terms

Jonathan Paul Eyewear may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of this document.

All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above shall automatically be deemed to be part of the Services when first made available through the Site. Any software or tools made available through the Site that were not made available as of the "LAST UPDATED" date above shall automatically be deemed to be Software for purposes of this Agreement when first made available through the Site.

When using any Services or Software on the Site, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services or Software, which rules, terms and conditions are hereby incorporated by reference into these Terms of Use.

Revisions to the Site

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, the Services or the Software, with or without notice; limit the Site’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any Affiliated Entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Software, content, Submission, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Texas, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Travis County, Texas, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.

Severability

If any provision of these Terms of Use found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision.

Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: www.staysafe.org.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Jonathan Paul Eyewear a notice requesting that Jonathan Paul Eyewear remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Jonathan Paul Eyewear a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See www.copyright.gov for details. Notices and counter-notices should be sent to:

legal@jpeyewear.com.

Jonathan Paul Eyewear

33 West Bacon St. Plainville MA 02762

1 800-955-6544

Details are available at www.copyright.gov/onlinesp

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.

Information or Complaints.

If you have a question or complaint regarding the Site, please send an e-mail to legal@jpeyewear.com. You may also write to Jonathan Paul Eyewear, 33 West Bacon St. Plainville MA 02762.

Void Where Prohibited.

Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.

Copyright © 2017 Jonathan Paul Eyewear. All rights reserved.