Terms of Use

Terms of Use

Effective Date: 9/1/2020

Welcome to pitvipersunglasses.com (this "Site"), a website operated by Pit Viper, LLC ("Pit Viper," "we" or "us"). Before using our Site, please carefully read the following terms and conditions of use (these "Terms") and our Privacy Policy. As a condition to your access to or use of the Site, you consent to be bound by these Terms, so please do not use the Site if you do not agree with all of these Terms. Your use of the Site, and our provision of the Site to you, constitutes an agreement between you and Pit Viper to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them, so if you have any questions, contact us at legal@pitvipersunglasses.com.

  1. We Reserve the Right to Update and Revise These Terms at Any Time

Things happen quickly, both inside and outside of Pit Viper, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time in our sole discretion.  All changes are effective immediately when we post them and apply to all access to or use of the Site thereafter. 

By using the Site following the posting of revised Terms, you accept and agree to be bound and abide by the revised Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.  

  1. Eligibility

We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Site. You can use the Site if you are under 18, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activity. If you are younger than 13 years old, you may not use the Site.

Your use of the Site means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Site. We may also change our eligibility criteria.

We offer the Site only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Site for your minor child).

  1. Intellectual Property

All of the content that appears on the Site, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Site, and other materials, are the exclusive property of Pit Viper and are protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Site and the overall “look and feel” of the Site, (collectively the “Marks”) are proprietary to Pit Viper. You may not display, reproduce, or otherwise use the content or materials on the Site, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Site. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you would like to request authorization to use the materials or content on the Site, please contact us at legal@pitvipersunglasses.com.

  1. Right to Use the Site

Subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Site solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Site as provided by us, in the manner we permit through these Terms. 

  1. Restrictions on Your Use of the Site

Your right to use the Site is limited any you are prohibited from doing any of the following:

  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure.
  • resell or make any commercial use of the Site or any of the content.
  • modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Site content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser.
  • copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Site content, including any Marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.
  • use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Site or to collect any information from the Site or any user of the Site.
  • harvest or scrape any content from the Site, or using other automated or manual means to take our content without our prior consent.
  • bypass, circumvent, or attempt to bypass or circumvent any feature of the Site or any measures we may use to prevent or restrict access to the Site, including other accounts, computer systems or networks connected to the Site.
  • run any form of auto-responder or “spam” on the Site.
  • otherwise take any action in violation of these Terms or our Privacy Policy.
  1. Content
  2. User Content

We want to hear from you. Occasionally, you may see areas on the Site where you can post information or communicate with us or other users.  These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections or similar communications facilities.

User Content” is any public communications or any other material you submit, distribute, transmit, or post to Pit Viper (through the Site; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores). 

When you submit, distribute, transmit, or post User Content, you give us full right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Pit Viper to use your User Content to provide, promote, and improve the Site. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. 

In addition to giving Pit Viper a license, you also give each user of the Site an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Site and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.

The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.

  1. Representations About Your User Content

When you submit User Content, you represent and warrant that:

  • you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us).
  • your submission of such materials to Pit Viper does not and, when used by Pit Viper as authorized under these Terms, will not violate or infringe the rights of any third-parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission).
  • all User Content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying).

In addition, any User Content must not:

  • include any profanity or obscene, indecent, or pornographic material.
  • contain any unauthorized or unsolicited advertising, such as spam.
  • contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party.
  • impersonate any person or entity.
  • include anyone’s identification documents or sensitive financial information.
  1. Private vs. Non-private Content

We take your privacy very seriously and are committed to keeping your private information, well, private. However, we also include certain features to open channels of communication, either among our users or between our users and us, and those features wouldn’t work if all your communication were completely private. Therefore, we don’t treat as private or confidential any User Content that you provide to those features of the Site. When in doubt, it is best to take a look at our Privacy Policy, which details the types of information we treat as confidential or private. If you post something publicly on the Site, others may be able to read it. You should always use caution when providing any personal information about yourself or anyone else, including your children.

  1. A Note About Third-Party Content and User Content

You may see a lot of content on the Site, some of which will come from other users or sources outside of Pit Viper. All content, including User Content and third-party content, is the responsibility of the party that creates it. Pit Viper does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.

We may review content on the Site, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Site, including User Content, without notice or further obligation to you.

We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Site. Pit Viper will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Site, regardless of whether Pit Viper or another party provides it.

  1. Copyright Policy

Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.

If you believe someone has posted on the Site a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
  • identification of works or materials being infringed.
  • identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
  • your contact information, including address, telephone number and, if available, e-mail address.
  • a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law.
  • a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

Please contact the Designated Agent to receive notice of claimed infringement by calling 1-801-769-2113, emailing legal@pitvipersunglasses.com or writing Pit Viper, 159 W. Haven Avenue, Salt Lake City, UT 84115, Attn: Legal Department.

  1. WARRANTY DISCLAIMER
  2. By using the Site, you understand and agree that we have no control over, and no duty to take any action regarding:
  • which users access the Site.
  • what content you access via the Site.
  • what effects the content may have on you.
  • how you may interpret or use the content.
  • what actions you may take as a result of your exposure to the content.
  1. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
  2. THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIT VIPER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY PIT VIPER OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, PIT VIPER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.
  3. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PIT VIPER OR ANYONE REPRESENTING PIT VIPER BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR PIT VIPER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIT VIPER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Termination

We reserve the right to terminate your license to use the Site or block or prevent your access to the Site, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

  1. Governing Law

No matter where you’re located, the laws of the State of Utah will govern these Terms and the relationship between you and Pit Viper as if you signed or otherwise agreed to these Terms in Utah, without regard to Utah's conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in the County of Salt Lake, Utah for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Site or your breach of these Terms.

  1. Severability

If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

  1. Consent to Electronic Communications

By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy[HYPERLINK]. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

  1. Entire Agreement

These Terms constitute the entire agreement between you and Pit Viper and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Site. Any rights not expressly granted herein are reserved.

  1. Miscellaneous

We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation.

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.