If for any reason, you are not completely satisfied with your order, return it within 14 days of receipt for replacement or exchange. To help us rapidly process your request, please return a copy of your receipt with merchandise. We recommend you return items via an insured mail service for you protection. Please note the fleyesgear.com Official Store will only refund shipping if return was result of our error. WE WILL NOT GIVE A REFUND FOR CUSTOM SUNGLASSES. Custom glasses can be exchanged for the same design if the original pair is defective.
Send Returns To:
Sprague Graphics LLC
1003 S Georgia St
Sheridan, IN 46049
MODIFICATIONS TO AGREEMENT
Sprague Graphics LLC may modify or supplement this Agreement from time to time, in its sole discretion, without notice, and will post any such changes on the Web Site. By continuing to use Sprague Graphics LLC Web Site (fleyesgear.com), products, or services after this Agreement has been modified, you agree to the changes even if you have not reviewed the changes. If, at any time, you do not agree with the terms and conditions in the Agreement, please refrain from or discontinue using Sprague Graphics LLC Web Site (fleyesgear.com), products, and services.
If you have any questions or concerns with respect to this Agreement, Sprague Graphics LLC's Web Site (fleyesgear.com), or any of its products or services, please contact Sprague Graphics LLC, firstname.lastname@example.org.
SCOPE OF AGREEMENT
This Agreement applies to your use of Sprague Graphics LLC's Web Site (fleyesgear.com), products, and services at email@example.com This Agreement does not apply to your use of any other Web Sites including any Sites to which Sprague Graphics LLC Web Site only links.
This Web Site and any related products and services are intended for and directed to consumers in the United States only. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) ARE PERMITTED TO USE THIS WEB SITE.
Security. As a User / Member, you agree to preserve the confidentiality of your user name and password, accepting full responsibility for all uses of your user name and password, whether authorized or not. You are entirely liable for all activities conducted through your Account, and are responsible for ensuring that any other person accessing or using the Account is aware of and complies with the terms of this Agreement. Each person who uses your Account agrees to be bound by the terms of this Agreement whether or not such person is a User / Member.
Breach of Security. You must immediately contact Sprague Graphics LLC at firstname.lastname@example.org if you are aware of or have reason to suspect any actual or potential unauthorized access to or activity on your Account. We will report any known fraudulent, abusive, or otherwise illegal activity on your Account to the proper authorities. We will not be liable for any circumstances arising from the unauthorized use of your Account, user name, or password.
PROTECTION OF INTELLECTUAL PROPERTY AND LICENSE
You acknowledge that all text, graphics, images, designs, software, music, sound, photographs, videos, messages, posts, data, information, technology or other material (Content) provided through this Web Site by Sprague Graphics LLC or its suppliers, sponsors, or third-party advertisers constitute intellectual property protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by Sprague Graphics LLC herein, you agree not to use, copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any Content available through this Web Site. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from this Web Site for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or any other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell Content retrieved from the Web Site in any way, for any commercial use, provide it to any commercial source, including other Web Sites, or transfer it to any third party, regardless of whether you receive compensation, without the prior written permission of Sprague Graphics LLC you may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of Sprague Graphics LLC Except as expressly provided herein, nothing contained in the Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Sprague Graphics LLC intellectual property rights or under any third party's intellectual property rights. Any rights not expressly granted herein are reserved.
FORUMS AND USER CONDUCT
A Forum means any message board, chat room, email program, user review forum or other interactive service appearing on Sprague Graphics LLC's Web Site (fleyesgear.com) and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Web Site in order to contribute to any Forum. You may not post on any Forum, or send to any other Forum user, our employees, or other Sprague Graphics LLC contributors, any material that is abusive vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any Forum to collect or store personal data about other users. You may not use any Forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not impersonate any person or entity. You may not post material known to be false or intended to mislead or misrepresent. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any Forum on Sprague Graphics LLC's Web Site (fleyesgear.com), except for material signed by one of our identified representatives. You acknowledge that Sprague Graphics LLC,does not generally prescreen users' material for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. Sprague Graphics LLC does, however, retain the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, unpopular, or otherwise unacceptable, for legal or non-legal reasons. We also reserve the right to edit materials for any reason whatsoever. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. We may, at our discretion, suspend or terminate the registration of any Forum user who violates any of these terms and conditions of use, any of the member guidelines or for any other behavior that Sprague Graphics LLC, in its sole discretion, believes is inappropriate.
MATERIALS PROVIDED TO SPRAGUE GRAPHICS LLC OR POSTED ON ANY SPRAGUE GRAPHICS LLC SERVICE
Sprague Graphics LLC does not claim ownership of the materials, unless and except to the extent otherwise agreed to in a mutually signed writing, in any format including, but not limited to, text, images, photographs, audio, or video, that you provide to Sprague Graphics LLC (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public or private community (each a .Submission. and collectively .Submissions.). However, by posting, uploading, inputting, providing or submitting (.Posting.) your Submission you are, subject to the privacy provisions provided herein, granting Sprague Graphics LLC, its affiliated companies and sub-licensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all Sprague Graphics LLC products and services), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable, right and license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, adapt, modify, translate and reformat your Submission; to publish your name in connection with your Submission; and to sublicense such rights to any supplier of Sprague Graphics LLC products or services. Notwithstanding the above, Sprague Graphics LLC will not transfer credit card information other than for Sprague Graphics LLC business purposes.
You additionally warrant that each person depicted or recorded in such Submissions, if any, has provided consent to the use of the Submissions as set forth in this Agreement.
No compensation will be paid with respect to the use of your Submission, as provided herein. Sprague Graphics LLC is under no obligation to post or use any Submission you may provide and Sprague Graphics LLC may remove any Submission at any time in its sole discretion. By making a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions, or that you have a license to such rights, or that such rights are covered by fair use.
ANTI-SPAM POLICY AND ACCEPTABLE USE
While we encourage you to refer friends, family, colleagues, and others to use Sprague Graphics LLC's products and services, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use Sprague Graphics LLC products, services, name, trademarks, or other intellectual property of Sprague Graphics LLC in conjunction with the sending of unsolicited email, or cause to be used Sprague Graphics LLC equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the products or service of any other provider, third-party agent, mailing service, or address forwarding service, in such a way that Sprague Graphics LLC network addresses or Sprague Graphics LLC-hosted Web or email services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with Sprague Graphics LLC. include multiple postings of messages to Usenet newsgroups, mailings lists, chat rooms or other online forums. Incidents of .spamming. or similar inappropriate behaviors should be reported to Sprague Graphics LLC at email@example.com.
USER CONTACT WITH THIRD PARTIES
Your dealings with advertisers or other third parties found on or through Sprague Graphics LLC's Web Site (fleyesgear.com) are solely between you and the third party regardless of any contracts with Sprague Graphics LLC These dealings include, but are not limited to, interactions with or reliance on Sprague Graphics LLC models and other talent featured on Sprague Graphics LLC's Web Site (fleyesgear.com), interviewers, interviewees, freelance writers and other commentators, Members, payments for and deliveries of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Sprague Graphics LLC does not make any representations or warranties with respect to any items, products, or services that may be obtained from such third parties, and you agree that FleyesGear Inc. will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.
DISCLAIMER OF WARRANTIES
ALL INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED ON THIS WEB SITE ARE PROVIDED AS IS AND AS AVAILABLE. WITHOUT WARRANTY OF ANY KIND. EXCEPT AS PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPRAGUE GRAPHICS LLC AND ITS AFFILIATES, LICENSORS, OR SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SPRAGUE GRAPHICS LLC DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. FLEYESGEAR INC. MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPRAGUE GRAPHICS LLC OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SPRAGUE GRAPHICS LLC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM 1) THE USE OF, OR INABILITY TO USE, THE WEB SITE; 2) THE USE OF, OR INABILITY TO USE, ITEMS PURCHASED ON OR THROUGH THE WEBSITE; 3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS OR WEB SITES; 4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR 6) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SPRAGUE GRAPHICS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SPRAGUE GRAPHICS LLC., ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, CO-BRANDERS, SPONSORS, SUBSIDIARIES, PARENTS, AND AFFILIATES, FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, CLAIMS, DEMANDS, DISPUTES, DAMAGES, AND COSTS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS OF LITIGATION RESULTING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEB SITE; YOUR PARTICIPATION IN ACTIVITIES AND EVENTS POSTED ON OR PROMOTED THROUGH THE WEB SITE; CONTENT YOU SUBMIT, POST, OR TRANSMIT THROUGH THE WEB SITE; YOUR BREACH OF THE AGREEMENT; AND YOUR CONNECTION TO THE WEB SITE.
We do not represent that the material or Content obtained through this Web-Site is appropriate or available for use in all locations. Persons who choose to access this site do so upon their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Web Site is owned by Sprague Graphics LLC All rights to, title to, and interest in the Content appearing on the Web Site, including, without limitation, the Web Site's look and feel, data, information, text, graphics, images, sound, video or other media, designs, trademarks, service marks, trade names, and URL, belong exclusively to Sprague Graphics LLC or third parties.
Fleyes, Fleyes Gear, Black Rabbit Poker, and any other original material are trademarks or service marks belonging exclusively to Sprague Graphics LLC All other trademarks and service marks are the property of their respective owners. You may not use or display any trademarks or service marks owned by Sprague Graphics LLC without our prior written consent. You may not use or display any other trademarks or service marks displayed on this site without the permission of their respective owners.
SEVERABILITY OF AGREEMENT If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver, approval, or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
REMEDIES FOR BREACH
In the event that Sprague Graphics LLC determines, in its sole discretion, that you or anyone else using your Account has breached any portion of these terms and conditions, or have otherwise demonstrated inappropriate conduct, Sprague Graphics LLC reserves the right to (i) warn you and/or others using your Account that you have violated this Agreement; (ii) delete any content provided by you or anyone else using your Account; (iii) suspend the privileges previously available to you or anyone else accessing your Account; (iv) discontinue your Account with Sprague Graphics LLC and/or any other Sprague Graphics product or service; (v) notify and or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) take any other action that Sprague Graphics LLC deems to be appropriate.
The Agreement and resolution of any dispute related to the Agreement, the Web Site, and any services or products you purchase through the Web Site shall be governed by and construed in accordance with the laws of Indiana , without giving effect to any principles of conflicts of law. Any legal action or proceeding between Sprague Graphics LLC and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Indiana, County of Tipton of Indiana, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Sprague Graphics LLC may assign its rights and obligations under this Agreement and upon such assignment Sprague Graphics LLC may be relieved of any further obligation hereunder. You represent to Sprague Graphics LLC that you have the authority to subscribe to and/or use Sprague Graphics LLC according to the terms and conditions of this Agreement.
By using and/or subscribing to Sprague Graphics LLC services, you hereby acknowledge that you have read and understand the foregoing Agreement, as may be amended or modified from time to time according to its terms, and agree to be bound by all of the terms and conditions hereof.