Terms & Privacy Policy

TERMS OF SERVICE

Welcome to the PERVERSE sunglasses (“PERVERSE”) website. These Terms of Service (these “Terms") govern your use of each of the Site and our online stores accessible via the Site. The Site and our services are collectively called the “Services.”

Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.

 

Changes to Terms or Services

We reserve the right to update or modify these Terms at any time in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

 

Who May Use the Services

Eligibility

You may use the Services only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from using the Services under applicable law. By using the Services, you represent and warrant that you are 18 years or older.

 

Registration and Your Information Account

If you want to use certain features of the Services, including purchasing products online, you’ll have to create an account (“Account”) via the Site and provide your name and email address. Creation of your Account on one of the Site will enable you to use the features available on any and all of the Site.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

 

Subscription

You'll be able to subscribe to our mailing list to receive emails and updates from the Services by providing us with your email address.

 

Styling

Please visit one of our locations to try on our Products and get styled by one of our Sunglassists.

 

How the Services Work

We make available an online platform that allows you to purchase products, mainly sunglasses and accessories (“Products”). Through the Services you will be able to browse our Products and place orders.

 

Order Confirmation

We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.

 

Shipment Confirmation and Delivery

All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We will not be held liable for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.

 

Prices

The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. For international orders, please note that this price may differ from the price displayed when the Product was first placed in your shopping cart. Prices and product availability are subject to change without notice. All specials and promotions limited to stock on hand. 

 

Payment

By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services.

 

Cancellation, Return, and Exchange Policies

Cancellation, return, and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return a Product purchased via the Services. You agree that any applicable shipping and/or handling charges are non-refundable. Exchanges are not accepted.

 

Product Information

Most Products displayed on the Services are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Services is no longer in stock, we use our best efforts to remove such Product from the Services in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact our PERVERSE Satisfaction Agents (PSAs) at yesmaster@perversesunglasses.com or 213-741-0655.

 

Errors, Inaccuracies, and Omissions

We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error, or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.

 

Colors

We have made every effort to display as accurately as possible the colors of Products that appear on the Services. However, because the color display may vary according to the monitor used to view the Services, we cannot guarantee that the color of the Product you see on the Services matches the actual Product color.

 

Cancellation of Orders

We reserve the right to cancel, modify, or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.

 

Alerts and Notifications

As part of the Services, you may receive notifications, alerts, emails, or other types of messages regarding the Services (for example, order confirmations, shipment confirmations and/or delivery information). We may also periodically send you emails that directly promote the Services and Products (for example, new Product offerings or features we provide, recommendations, special discounts or promotions). When you receive such promotional emails from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive.

 

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback for PERVERSE sunglasses products by email at holler@perversesunglasses.com, by calling 213-741-0655, or through our website at TBD. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services or transmit to us through the Services (including by email). Content includes without limitation User Content.

 

Content Ownership, Responsibility, and Removal

PERVERSE sunglasses does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, PERVERSE sunglasses and/or its licensors exclusively own all right, title and interest in and to the Services and Content (other than User Content), including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. PERVERSE sunglasses and all related names, logos, product and service names, designs and slogans are trademarks of PERVERSE sunglasses and/or its licensors. You must not use such marks without the prior written permission of PERVERSE sunglasses. All other names, logos, product and service names, designs and/or slogans on the Site are the trademarks of their respective owners. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

 

Rights in User Content Granted by You

By making any User Content available through the Services, you hereby grant to PERVERSE sunglasses a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicenseable license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Any and all User Content that you make available through the Services shall be deemed non-confidential and non-proprietary. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS PERVERSE SUNGLASSES, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTY OR LAW ENFORCEMENT AUTHORITIES.

 

Rights in Content Granted by PERVERSE sunglasses

Subject to your compliance with these Terms, PERVERSE sunglasses grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

 

General Prohibitions

The Services may be used only for lawful purposes and in accordance with these Terms. You agree you will not use the Services to:

  • engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • communicate, transmit, redistribute or upload content or material (including User Content) that:
    • infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    • is incomplete, false, inaccurate or not your own;
    • contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
    • includes any addresses, email addresses, phone numbers or any contact information;
    • contains corrupted files, viruses, malware or any harmful software;
    • is libelous, defamatory or otherwise unlawful, threatening, harassing, abusive, vulgar, obscene, offensive, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;
    • promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or
    • is violent or promotes violence or actions that are threatening to any person or entity.
  • impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; or
  • engage in or encourage any conduct that, in our sole judgment, restricts, impairs or inhibits any other user from using or enjoying the Services.

 

System Security

Violations of system or network security may result in civil or criminal liability. PERVERSE sunglasses may investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services and you agree not to do any of the following:

  • use, display, mirror or frame the Services or any individual element within the Services, PERVERSE sunglasses’ name, any PERVERSE sunglasses trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PERVERSE sunglasses’ express written consent;
  • access, tamper with, or use non-public areas of the Services, PERVERSE sunglasses’ computer systems, or the technical delivery systems of PERVERSE sunglasses’ providers;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PERVERSE sunglasses or any of PERVERSE sunglasses’ providers or any other third party (including another user) to protect the Services or Content;
  • attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by PERVERSE sunglasses or other generally available third-party web browsers;
  • access data not intended for you or log on to a PERVERSE sunglasses server or account you are not authorized to access;
  • attempt (or succeed in an attempt) to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempt (or succeed in an attempt) to interfere in any way with, gain unauthorized access to, damage or disrupt any part of the Services, or any Site's or PERVERSE sunglasses’ networks or network security, or use any Site's service to gain unauthorized access to any other computer system;
  • use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; or
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.

 

Links to Third-Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

 

Accessing the Services and Account Security

We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Services and Content. We may also impose rules for and limits on use of the Services or restrict your access to part or all of the Services without notice or penalty. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services or Content.

 

Termination

We may terminate your access to and use of the Services, in our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at yesmaster@perversesunglasses.com or calling 213-741-0655. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Prices”, “Payment”, “Cancellation, Return, and Exchange Policies”, “Errors, Inaccuracies, and Omissions”, “Cancellation of Orders”, “Privacy Policy”, “Feedback”, “Content and Content Rights”, “Content Ownership, Responsibility, and Removal”, “General Prohibitions”, “System Security”, “Links to Third-Party Websites or Resources”, “Warranty Disclaimers”, “Indemnification”, “Limitation of Liability”, “Governing Law”, “Dispute Resolution” and “General Information”.

 

Warranty Disclaimers

Your use of the Services and Content and your purchase of Products are at your sole risk. THE SERVICES, CONTENT AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PERVERSE SUNGLASSES EXPLICITLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Products will meet your requirements or that the Services will be available on an uninterrupted, secure, or error-free basis. PERVERSE sunglasses makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content, including but not limited to the availability and/or pricing of Products sold via the Services. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.

 

Indemnification

You agree to indemnify, defend, and hold harmless PERVERSE sunglasses, its affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of or related to or in connection with (i) your access to and use of the Services; (ii) your User Content; or (iii) your violation of these Terms.

 

Limitation of Liability

IN NO EVENT SHALL PERVERSE SUNGLASSES, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PERVERSE SUNGLASSES OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL PERVERSE SUNGLASSES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO PERVERSE SUNGLASSES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILTY, IF ANY, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PERVERSE SUNGLASSES, AS APPLICABLE.

IF THERE IS A PROBLEM WITH A PRODUCT YOU HAVE PURCHASED THROUGH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH OUR REFUND POLICY.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PERVERSE SUNGLASSES AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

International Use

We control and operate the Services from the United States, and all information is processed within the United States. We do not represent that Content on the Services is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.

Software, if any, that may be downloaded from the Services is subject to export controls under the laws and regulations of the United States. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.

 

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

 

Dispute Resolution

You agree that any dispute arising between you and PERVERSE sunglasses will be governed by the arbitration procedure outlined below.

 

Informal Dispute Resolution

We want to address your concerns without the need to initiate a formal legal case. In the event of a dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services or Content (collectively, a “Dispute”), you and PERVERSE sunglasses agree to try to resolve such Dispute informally by first sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to PERVERSE sunglasses at holler@perversesunglasses.com. We will contact you via email at the address specified in any such notice or the address we have on file for your Account. You and PERVERSE sunglasses agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or PERVERSE sunglasses may resort to the other alternatives described in this section.

 

Agreement to Arbitrate

In the event that any Dispute is unresolved through informal discussions within thirty (30) days as described above, you and PERVERSE sunglasses agree to resolve such Dispute through final and binding arbitration, except as set forth under “Exceptions to Agreement” to Arbitrate below.

 

Opt-out of Agreement to Arbitrate

You can decline this agreement to arbitrate by contacting yesmaster@perversesunglasses.com within thirty (30) days of your first use of the Site and stating that you decline this arbitration agreement. If you have an account on the Site, the opt-out notice must include the email address we have on file for that account.

 

Arbitration Procedures

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, unless you and PERVERSE sunglasses otherwise agree in writing. For residents outside the United States, arbitration shall be held in New York, New York and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York.

If your or PERVERSE sunglasses claim does not exceed $10,000 and does not include a request for any type of equitable remedy, the arbitration will be conducted solely on the basis of the documents that you and PERVERSE sunglasses submit to the arbitrator, unless the party bringing the claim requests a hearing or the arbitrator determines that a hearing is necessary. If your or PERVERSE sunglasses’ claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

PERVERSE sunglasses will pay all filing and arbitration fees for claims of less than $75,000 unless the arbitrator determines that a claim is frivolous or was brought for an improper purpose. You are responsible for any other costs that you may incur in the arbitration, including but not limited to attorney's fees and expert witness costs, unless PERVERSE sunglasses is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. You and PERVERSE sunglasses agree not to seek attorneys' fees and costs in arbitration, unless the arbitrator determines that a claim is frivolous or was brought for an improper purpose. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.

 

Exceptions to Agreement to Arbitrate

Notwithstanding the foregoing, either you or PERVERSE sunglasses may assert claims, if they qualify, in small claims court in California or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or Content or actual or threatened intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

 

No Class Actions

You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff of, or participate as part of, any purported class, consolidated or representative action. Further, unless you and PERVERSE sunglasses otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, consolidated or representative proceeding.

 

Judicial Forum for Disputes

If any court or arbitrator determines that the class, consolidated or representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated or representative basis, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in the appropriate federal or state court in Los Angeles, California. Both you and PERVERSE sunglasses consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Any claim or cause of action you may have with respect to PERVERSE sunglasses, these Terms, the Content, the Services or any Products must be commenced within one (1) year after the claim or cause of action arose.

 

General Information

These Terms constitute the entire agreement between you and PERVERSE sunglasses, govern your use of the Services, and supersede any prior agreements between you and PERVERSE sunglasses. You may also be subject to additional terms and conditions that are applicable to certain parts of the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without PERVERSE sunglasses’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. PERVERSE sunglasses may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between PERVERSE sunglasses and you as a result of these Terms or your use of the Services.

The failure of PERVERSE sunglasses to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.

If you have any questions about these Terms or the Services, please contact us at holler@perversesunglasses.com or by mail at PERVERSE sunglasses, 1108 S. Hope Street, Los Angeles, CA 90015.

 

 

PRIVACY POLICY

PERVERSE sunglasses ("PERVERSE," "our," "us" or "we") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.perversesunglasses.com (this "Site"). This Privacy Policy applies only to information that you provide to us through this Site. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes.

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to, collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our company or among our affiliates within the United States or internationally.

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your use of the Site and to enable users to enjoy and easily navigate the Site (collectively, the "Service").

Personally Identifiable Information

When you register with us through the Site, when you join our mailing list or when you make a purchase via the Site, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, phone number, email address, and postal address. If you choose to make a purchase via the Site, our third party payment processor service providers may also collect billing information such as your credit card number or billing address. We use the Personal Information you provide mainly to provide the Service, process your transactions and administer your inquiries.

In order to access additional functionality of the Site, you may be required to create an account for your use of the Service ("Account"). You may create an Account directly via the Site or by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook and Twitter) via our Service. If you decide to create an Account by logging into an SNS via our Service, we will obtain the Personal Information you have provided to the SNS (such as your "real" name, profile picture, email address and other information you make publicly available via the applicable SNS) from the account you have with such SNS and use that information to create your Account. The information we obtain may depend on the privacy settings you have with the SNS. When you create an Account, you will become a "Member" of the Service.

We also collect the other information that you provide as part of account registration and your use of the Service (e.g., without limitation, zip code (on its own) and individual preferences) ("Non-Identifying Information").

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information. We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other PERVERSE sunglasses Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information (like your email or postal address) to contact you with marketing and promotional materials and other information that may be of interest to you (some of which may be sent by a third party service provider). If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or if you do not want us to share your Personal Information with these third party service providers, contact us at holler@perversesunglasses.com with "Privacy" as the subject line of the email. (See "Changing or Deleting Your Information," below.)

Log Data

When you visit the Site, whether as a PERVERSE sunglasses Member or a non-registered user just browsing (any of these, a "PERVERSE User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computers Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site's technical administration, to increase our Site's functionality and user-friendliness, and to better tailor it to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests.

Cookies and Pixel Tags

Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we use persistent cookies to save your login information for future logins to the Site. Second, we use session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by PERVERSE Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.

 

We may also use "pixel tags," "web beacons," "clear GIFs" or similar means (individually or collectively "Pixel Tags") in connection with our Service to collect usage, demographic and geographical location data. A Pixel Tag is an electronic image, often a single pixel that is ordinarily not visible to users and may be associated with cookies on a user's hard drive. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns.

 

Sending Emails Via the Service

As part of the Service, Members may communicate with third parties through use of their Accounts. When a Member selects the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from PERVERSE sunglasses to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee.

 

Phishing

Identity theft and the practice currently known as "phishing" are of great concern to PERVERSE sunglasses. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website.

 

Information Sharing and Disclosure

PERVERSE sunglasses Blog. PERVERSE sunglasses offers a publicly accessible blog at www.perversesunglasses.com/blog (the "Blog"). Please note that any information you provide on the Blog, including, but not limited to, comments, may be read, collected and used by others who access the Blog. Also, if you choose to comment on any Blog post, the content of such comment, along with your name, email address and website URL will be publicly viewable via the Blog.

SNS. The Service gives you the option to share information contained in your Account with certain social networking services (i.e. Twitter and Facebook). PERVERSE sunglasses will not share your Account information, which may contain your Personal Information, with such social networking services unless you expressly authorize such disclosure.

 

Aggregated Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, payment processors, web analytics and improvement of the Site's features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 

Compliance with Laws and Law Enforcement. PERVERSE sunglasses cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of PERVERSE sunglasses or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

 

Business Transfers. PERVERSE sunglasses may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

 

Changing or Deleting Your Information

All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us or by making edits via the "My Account" section of the Site. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at holler@perversesunglasses.com with "Privacy" as the subject line of the email with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

 

Security

PERVERSE sunglasses is very concerned with safeguarding your information, but no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems.

 

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

 

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, PERVERSE sunglasses transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

 

Links to Other Sites

Our Site contains links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites may follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Towards Children

This Site is not directed to persons under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at holler@perversesunglasses.com with "Privacy" as the subject line of the email. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at yesmaster@perversesunglasses.com with "Privacy" as the subject line of the email or at PERVERSE sunglasses, 1100 S. Hope Street, Los Angeles, CA 90015.