Terms of Service

OVERVIEW

Welcome to Springcontacts.com, the website and online service of Arrowhead Technical Sales & Marketing, LLC,  DBA Springcontacts.com (“us,” “we,” “our,”  or  “Springcontacts.com”).

The term “you” refers to the user or viewer of our website. Springcontacts.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.



By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users
who are browsers, vendors, customers, sellers, merchants and/ or contributors
of content.

Please read these Terms of Service
carefully before accessing or using our website. By accessing or using any part
of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not
access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.

Your use of any information or
materials on this website is entirely at your own risk, for which we shall not
be liable. It shall be your own responsibility to ensure that any products,
services or information available through this website meet your specific
requirements.

Neither we nor any third parties
provide any warranty or guarantee as to the accuracy, timeliness, performance,
completeness or suitability of the information and materials found or offered
on this website for any particular purpose. You acknowledge that such
information and materials may contain inaccuracies or errors and we expressly
exclude liability for any such inaccuracies or errors to the fullest extent
permitted by law.

This website contains material which
is owned by or licensed to us. This material includes, but is not limited to,
the design, layout, look, appearance and graphics. Reproduction is prohibited
other than in accordance with the copyright notice, which forms part of these
terms and conditions.

All trademarks reproduced in this
website which are not the property of, or licensed to, the operator are
acknowledged on the website.

Unauthorized use of this website may
give rise to a claim for damages and/or be a criminal offense.

 

SECTION
1 – ONLINE STORE/MARKETPLACE TERMS


By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age
of majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate
termination of your Services.

SECTION
2 – GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express
written permission by us.

The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.

SECTION
3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on the material on
this site is at your own risk.

This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.

SECTION
4 – MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.

SECTION
5 – PRODUCTS OR SERVICES


Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is void where
prohibited.

We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.

 

SECTION
6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per company, or
per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made.

We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.

You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.

For more detail, please review our Returns Policy.

SECTION
7 – OPTIONAL TOOLS


We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).

We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.

SECTION
8 – THIRD-PARTY LINKS


Certain content, products and
services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party’s policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.

SECTION
9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, ‘comments’), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.

SECTION
10 – PERSONAL INFORMATION

Your submission of personal
information through the store is governed by our Privacy Policy.

SECTION
11 – ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.

SECTION
12 – PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of
the prohibited uses.

SECTION
13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided ‘as is’ and
‘as available’ for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for
a particular purpose, durability, title, and non-infringement.

In no case shall Springcontacts.com, our directors,
officers, employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of
any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service
or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted
by law.

SECTION
14 – INDEMNIFICATION


You agree to indemnify, defend and
hold harmless Springcontacts.com and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.

SECTION
15 – SEVERABILITY

 

In the event that any provision of
these Terms of Service is determined to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.

SECTION
16 – TERMINATION


The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us
that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).

SECTION
17 – ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.

SECTION
18 – GOVERNING LAW


These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
California.

SECTION
19 – LEGAL DISPUTES


PLEASE
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL
IMPACT ON HOW CLAIMS YOU AND SPRINGCONTACTS.COM HAVE AGAINST EACH OTHER ARE
RESOLVED.


You and Springcontacts.com agree that any claim or dispute at law or
equity that has arisen or may arise between us relating in any way to or
arising out of this or previous versions of the Terms of Service, your use of
or access to the Services, or any products or services sold or purchased
through the Services, will be resolved in accordance with the provisions set
forth in this Legal Disputes Section.

You and Springcontacts.com each
agree that any and all disputes or claims that have arisen or may arise between
you and Springcontacts.com relating in any way to or arising out of
this or previous versions of the Terms of Service, your use of or access to Springcontacts.com Services,
or any products or services sold, offered, or purchased through Springcontacts.com Services
shall be resolved exclusively through final and binding arbitration, rather than
in court. Alternatively, you may assert your claims in small claims court, if
your claims qualify and so long as the matter remains in such court and
advances only on an individual (non-class, non-representative) basis.
The Federal Arbitration Act governs the interpretation and enforcement of this
Agreement to Arbitrate.



a.    
Prohibition of Class and Representative Actions and Non-Individualized
Relief


YOU AND SPRINGCONTACTS.COM AGREE THAT EACH OF US
MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING. UNLESS BOTH YOU AND SPRINGCONTACTS.COM AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S
CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF
(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED
CANNOT AFFECT OTHER USERS.


b.    
Arbitration Procedures


Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, and court
review of an arbitration award is very limited. However, an arbitrator can
award the same damages and relief on an individual basis that a court can award
to an individual. An arbitrator should apply the terms of the Terms of
Service as a court would. All issues are for the arbitrator to decide, except
that issues relating to arbitrability, the scope or enforceability of this Terms
of Service, or the interpretation of Section 1 of this Agreement to Arbitrate
(“Prohibition of Class and Representative Actions and Non-Individualized
Relief”), shall be for a court of competent jurisdiction to decide.


The arbitration will be conducted by the American Arbitration Association
(“AAA”) under its rules and procedures, including the AAA’s Consumer
Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.
The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of
the word “arbitrator” in this provision shall not be construed to
prohibit more than one arbitrator from presiding over an arbitration: rather,
the AAA’s rules will govern the number of arbitrators that may preside over an
arbitration conducted under this Agreement to Arbitrate.

A party who intends to seek arbitration must first send to the other a Notice of Dispute (“Notice”). The Notice to Springcontacts.com should be sent to:

 

by USPS certified mail:


            Springcontacts.com

Re: Notice of Dispute

P.O. Box 2558

Blue Jay, CA 92317

 

by FEDEX, UPS, or courier:


Springcontacts.com

Re. Notice of Dispute

359 Cedarbrook Drive

Twin Peaks, CA 92391


Springcontacts.com will send any
Notice to you to the physical address we have on file associated with your Springcontacts.com
account; it is your responsibility to keep your physical address up to
date. All information called for in the Notice must be provided, including
a description of the nature and basis of the claims the party is asserting and
the relief sought.


If you and Springcontacts.com are unable to resolve
the claims described in the Notice within 30 days after the Notice is sent, you
or Springcontacts.com may initiate arbitration
proceedings. A form for initiating arbitration proceedings is available on the
AAA’s site at www.adr.org. In addition to filing this form with the AAA in
accordance with its rules and procedures, the party initiating the arbitration
must mail a copy of the completed form to the opposing party. 

 

You may send a copy to Springcontacts.com at the following address:

 

            Springcontacts.com

Re: Notice of Dispute

C/O Northwest Registered Agent, Inc. (#C3184722)

1267 Willis St. STE 200

Redding, California 96001 

 

In the event Springcontacts.com initiates the arbitration against you, it will send a copy of the completed
form to the physical address we have on file associated with your Springcontacts.com
account. Any settlement offer made by you or Springcontacts.com shall not be
disclosed to the arbitrator.


The arbitration hearing shall be held in San Bernardino County, CA or at
another mutually agreed location. If the value of the relief sought is $10,000
or less, you or Springcontacts.com may elect to
have the arbitration conducted by telephone or based solely on written
submissions, which election shall be binding on you and Springcontacts.com subject to the arbitrator’s discretion to require an
in-person hearing, if the circumstances warrant. In cases where an
in-person hearing is held, you and/or Springcontacts.com may attend by telephone, unless the arbitrator requires
otherwise.


The arbitrator will decide the substance of all claims in accordance with
applicable law, including recognized principles of equity, and will honor all
claims of privilege recognized by law. The arbitrator shall not be bound
by rulings in prior arbitrations involving different users, but is bound by
rulings in prior arbitrations involving the same Springcontacts.com user to the extent required by applicable law. The
arbitrator’s award shall be final and binding and judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction
thereof.

  1. Costs
    of Arbitration

Payment of all filing, administration and arbitrator fees
will be governed by the AAA’s rules, unless otherwise stated in this Agreement
to Arbitrate. If the value of the relief sought is $10,000 or less, at your
request, Springcontacts.com will pay all filing,
administration, and arbitrator fees associated with the arbitration. Any
request for payment of fees by Springcontacts.com should be submitted by mail to the AAA along with your
Demand for Arbitration and Springcontacts.com will
make arrangements to pay all necessary fees directly to the AAA. In the event
the arbitrator determines the claim(s) you assert in the arbitration to be
frivolous, you agree to reimburse Springcontacts.com for all fees associated with the arbitration paid by Springcontacts.com on your behalf that you otherwise would be obligated
to pay under the AAA’s rules.

  1. Severability

With the
exception of any of the provisions in Section 1 of this Agreement to Arbitrate
(“Prohibition of Class and Representative Actions and Non-Individualized
Relief”), if an arbitrator or court decides that any part of this
Agreement to Arbitrate is invalid or unenforceable, the other parts of this
Agreement to Arbitrate shall still apply. If an arbitrator or court decides
that any of the provisions in Section 1 of this Agreement to Arbitrate
(“Prohibition of Class and Representative Actions and Non-Individualized
Relief”) is invalid or unenforceable, then the entirety of this Agreement
to Arbitrate shall be null and void. The remainder of the Agreement and its
Legal Disputes Section will continue to apply.

  1. Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the Terms of Service to the
contrary, you and we agree that if we make any amendment to this Agreement to
Arbitrate (other than an amendment to any notice address or site link provided
herein) in the future, that amendment shall not apply to any claim that was
filed in a legal proceeding against Springcontacts.com prior to the effective date of the amendment. The amendment shall apply to
all other disputes or claims governed by the Agreement to Arbitrate that have
arisen or may arise between you and Springcontacts.com.

f. Judicial Forum for Legal Disputes


Unless you and we agree otherwise, in the event that the
Agreement to Arbitrate above is found not to apply to you or to a particular
claim or dispute as a result of a decision by the arbitrator or a court order,
you agree that any claim or dispute that has arisen or may arise between you
and Springcontacts.com must be resolved exclusively
by a state or federal court located in San Bernardino County, California. You
and Springcontacts.com agree to submit to the
personal jurisdiction of the courts located within San Bernardino County, California
for the purpose of litigating all such claims or disputes.

 

SECTION
20 – CHANGES TO TERMS OF SERVICE


You
can review the most current version of the Terms of Service at any time at this
page.

We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.

SECTION
21 – CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at admin@springcontacts.com.


Any new features or tools which are
added to the current store shall also be subject to the Terms of Service. You
can review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those changes. Check the website often for updated Terms of
Service.

 

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