Privacy Policy and Cookie Policy

Last Updated: April 21, 2023.

 This Privacy and Cookie Policy (“Privacy Policy”) is published by Bajío, Inc. (referred to in this Privacy Policy as “Company,” “we” “us” or “our”) to explain our privacy practices for any information received through the, the website(s) located at [“https://bajiosunglasses.com”] and any successor website, subdomain, subsite, or mobile application which links to or references these Terms of Use (collectively the “Online Services”), which are owned and operated by or on behalf of the Company.

By using the Online Services you consent to the terms of this Privacy Policy.  If you do not agree to the terms and conditions of this Privacy Policy, including having your Personal Information (as defined below) used in any of the ways described in this Privacy Policy, do not provide us with your information.  Please note, however, that if you don’t provide us with your information, you may not be able to use certain parts or features of the Online Services.

Company may update this Privacy Policy from time-to-time in our sole discretion by posting such revised Privacy Policy on the Online Services. Please note the Effective Date of this Privacy Policy at the top of the page. It is your responsibility to review this Privacy Policy regularly for any changes each time that you use the Online Services or provide us information.

Use of the Online Services by you following our posting of a new Privacy Policy on our Online Services constitutes your acceptance of the Privacy Policy as modified and will apply to all information received after the Effective Date of the modification.  In the event we materially change the way in which we use your Personal Information that we previously collected, we will provide you with notice and ask you to affirmatively accept the new uses.

1.     Description of Our Business

Company produces and sells sunglasses and other optics, apparel and accessories online and through traditional retail distribution channels.  For the purposes of this Privacy Policy, registration of a Online Services account (an “Account”) to register as a user for purposes of accessing additional functionality, information or services or products from Company including access through the client login page, shall be included in the definition of “Online Services”.

2.     Collection and Use of Your Personal Information

We require Online Services visitors who register an Account to provide us certain Personal Information. Information we collect when you register to use our Online Services may include your name, email address, and other information that identifies you or that, in combination with other information we hold may reasonably be used to identify you (“Personal Information”).

We also may use the Personal Information you provide when you visit our Online Services, create an Account, or email or otherwise contact us, to contact you to further discuss the product offerings and Online Services we provide to customers. You may choose to opt out of providing your Personal Information by not disclosing it to us or entering it when asked.

The Online Services may use GPS feature or other geo-locating features of your device to determine the location of the device. We and our third-party vendors or partners may collect and use this data for purposes such as the functioning of the Online Services, to make our advertising more relevant, and to improve the Online Services.  If you do not want us or third parties to collect and use information from the GPS features of your device, you can control this function in your application settings (if your device offers this type of control), by disabling location services for your device, but these choices will affect your ability to use the Online Services.

3.     Processing Purposes

Company processes the following types of Personal Information for the following lawful purposes and based upon the legal justification set forth in the parenthetical:

  1. Your submission of Account Information (CONSENT)
  2. Processing Personal Information in order to fulfill an order or provide Online Services (CONSENT, CONTRACT)
  3. Your submission of Personal Information when contacting us for customer service, to provide feedback or for other purposes not otherwise described here (CONSENT)
  4. Your submission of Personal Data to our third party vendors for Online Services (CONSENT, CONTRACT)
  5. Collection of Personal Information through the Online Services (CONSENT)
  6. Payment (CONTRACT)
  7. Other information you voluntarily provide (CONSENT)

4.     Legal Basis for Processing

We process your Personal Information with your consent or subject to the performance of a contract to which you are a party or, alternatively, in order to take steps at your request to enter into an agreement. You have the right to withdrawal your consent at any time.

5.     Categories of Personal Information

Generally, we collect the following data elements from you when we process your Personal Information for the purposes we described in this Privacy Policy. We process:

  • Your first and last name
  • Date of birth
  • Email address
  • Phone
  • Physical address
  • Country of residence or business
  • Industry
  • Company
  • Product(s) of interest
  • Partial credit card information as part of a tokenized payment transaction
  • Internet or other electronic network activity
  • Professional or employment-related information if you submit your resume or other information relating to employment or potential employment
  • Testimonials and other information you voluntarily provide

 

6.     Disclosures and Transfers of Personal Information

We do not share with or disclose Personal Information to third parties, except when one or more of the following conditions is true:

  • We have your permission to make the disclosure;
  • The disclosure is necessary for the purpose for which the Personal Information was obtained;
  • The disclosure is permitted by relevant law;
  • The Personal Information to be disclosed is otherwise publicly available in accordance with applicable law;
  • The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
  • The disclosure is for our own marketing purposes, or, with your authorization, for the marketing purposes of third parties;
  • The party to whom the disclosure is made controls, is controlled by, or is under common control with Company;
  • The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
  • The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our acceptable use policies, even without a subpoena, warrant or court order; or
  • The disclosure is to outside businesses to perform certain services for us, such as maintaining our Online Services or assisting us in the provision of Online Services, providing marketing assistance, and data analysis including service providers outside the country or jurisdiction in which you reside.

 

7.     Delivering Advertising

We and our service providers may use information about your interactions with our Online Services to predict your interests and select the ads you see on and off our Online Services. This is known as interest-based advertising. In providing interest-based ads, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance ("DAA").

For more information about interest-based advertising and how you can opt out, visit:

  • Digital Advertising Alliance: http://www.aboutads.info/choices/
  • Network Advertising Initiative: http://www.networkadvertising.org/choices/

 

8.     Communications Opt Out

You may opt out of receiving marketing materials from us at any time by sending an email requesting such opt out to [customerservice@bajiosunglasses.com]  or by clicking the “unsubscribe” or similar link in any marketing email.  Even after such opt-out, you may receive additional emails for a short period of time while we process your request. We also may contact you by email or otherwise with information that is not primarily marketing, for example, regarding updates to the Online Services or information about your Account or any contracts or arrangements.  If, at any time after registering your information, you change your mind about receiving information from us, send us a request specifying your new choice.

  1. Contact Us

If you have any questions or comments about the information presented here, please contact us at [customerservice@bajiosunglasses.com] or by phone at [1 (386) 329 3209].

1.Any information collected within the context of a user contact is used only for the express purpose of responding to your comment or question and is not made available for other purposes except to communicate with you in the future.

2.It is not required for submission of comments that you provide any personally identifying information, such as your name or your e-mail address. However, that information would be necessary for us to send you a response.

3.We collect personally identifiable information (name and e-mail address) only if specifically, and knowingly provided by you. When you provide this information, you consent to its use and you agree that we may use this information to communicate with you in the future.

4.Personally identifying information provided by you will only be used in connection with responding to your comment or inquiry and to communicate with you in the future.

5.No personal information collected is sold or otherwise transferred to a third party.

  1. Do-Not-Track and Use of Cookies 

Like many other websites, we and our partners use cookies (a small, removable data file that is stored by the web browser on your computer that identifies your computer and browser when you use the Online Services) and various technologies to collect and store information when you use the Online Services, and this may include sending one or more cookies or anonymous identifiers to your device. We also use cookies and anonymous identifiers when you interact with Online Services. Please read the Cookie Policy below for more information.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Online Services do not support Do Not Track requests at this time, which means that we collect information about your online activity while you are using our Online Services and may track which website you visit immediately before or after accessing the Online Services.

11.   Third-Party Sites

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or websites that may be displayed to you in search results, websites that may include Online Services, or other websites linked from our Online Services. This Privacy Policy does not cover the information practices of other companies and organizations who advertise our Online Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

12.   Correcting & Updating Your Information

To update your information or discontinue the Online Services, email [customer.service@bajiosunglasses.com]. Company will respond to your correction or update request within at most 30 days from the date of your request. You also may be able to update your information by logging into your Account.

 

13.   Confidentiality and Security

We maintain reasonable safeguards to protect the Personal Information we collect.  While we implement these measures, please note that 100% security is not possible, and we cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.

Company may assign you a user ID and a password when you as part of your participation and access to the Online Services and your Account.  Only you may use your user ID and password.  You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password.  You are fully responsible for all activities that occur under your user ID.  You play a role in protecting your information as well. 

14.   Social Media Online Services and Websites

Any information, communications, or material of any type or nature that you submit to any public areas of the Online Services, if any (e.g., any pages that display comments) or third-party websites (including, but not limited to any Company-related or -controlled pages contained on a social media Online Services, application or website such as Facebook or Twitter) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at your own risk and without any expectation of privacy.  Company cannot control the actions of other users of any social media Online Services or website and we are therefore not responsible for any content or Submissions contained on such sites and Online Services or public areas of our Online Services. 

15.   Visiting our Online Services from Outside of the United States

Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live.  If you are located outside the United States and choose to provide information to us, please be aware that we transfer your Personal Information to the United States and process and store it there.  As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws.  Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information.  By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States.

16.   Business Transfers

If we or any of our affiliates is involved in a merger, acquisition, asset sale, joint venture or other, similar transaction, we will continue to ensure the confidentiality of any Personal Information. We may transfer or allow access to Personal Information as part of the transaction and in review or preparation for it as described below.

In the event that:

  • We engage in one more asset sales or purchases;
  • We are acquired;
  • We engage in one or more business combinations, mergers or acquisitions;
  • Substantially all of our assets are acquired; or
  • We are subject to an event of bankruptcy

you acknowledge and agree that personal and other information comprises an asset of ours and that Personal Information and other information is subject to assignment, transfer and/or acquisition by a third party. Accordingly, and notwithstanding anything to the contrary in this Privacy Policy, you acknowledge and agree that such transfers may occur and that a person or entity that acquires us may continue to subsequently use your Personal Information, and that such subsequent use may not be consistent with this Privacy Policy.

17.   Children's Privacy

We do not knowingly collect or solicit personal information from children under the age of 13. By using the Online Services, you represent that you are at least 13 years old. If you are under 13, please do not attempt to register for an Account or send any Personal Information about yourself to us. If we become aware that we have inadvertently received or collected Personal Information from a user of the Online Services who is under the age of 13, we will attempt to immediately delete that information from our files and records. Furthermore, we encourage users of the Online Services that are minors that are 13 years of age or older to ask their parents or guardians for permission before sending any information about themselves over the Internet.

If you believe a child who is under the age of 13 has provided us with Personal Information, please contact us at the address listed above.


 

Cookie Policy

Company uses cookies and other tracking technologies to deliver and improve the Online Services, and to display relevant content, products, services and advertising.

This Cookie Policy is part of the Privacy Policy and explains these technologies, including cookies, pixels, web beacons, and flash cookies, and how you can control them.

By using the Online Services, you agree that we can use these technologies as described in this Privacy Policy, including this Cookie Policy. We hope that this Cookie Policy helps you understand, and feel more confident about, our use of cookies and other tracking technologies. If you have any further queries or requests, please find the appropriate support channel by contacting us as provided in this Privacy Policy.

The internet is a rapidly changing medium, and the Online Services may include services provided by third parties.  The cookies and third-party sites listed in this Cookie Policy are intended to provide timely information and may be updated from time to time; however, due to the nature of the internet, these lists may not exactly and inclusively represent all such items at every point in time. You should check back periodically to review updates to this Cookie Policy.

1. What is a cookie?

Cookies are small text files that are stored on your computer or mobile device. They are widely used in order to make websites work, or work in a better, more efficient way. For example, they can recognize you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).

2. What cookies do we use?

Below we list the different types of cookies we may use on the Online Services. The specific cookies and types of cookies we use change regularly and the list below may not be complete or accurate.  We also may use cookies and similar tools to relate your use of the Online Services to personal information obtained about you. For example, if you have asked us to provide you information about our upcoming products or promotions, cookie and/or clickstream data about your activities on the Online Services may allow us to limit the materials we provide you to items we think you will find interesting based on your prior online activities and preferences.

Strictly necessary cookies.

These cookies are essential to the Online Services in order to facilitate our log-in process (if applicable) or enable you to move around it and to use its features. Without these cookies, we may not be able to provide certain services or features, and the Online Services may not function properly or perform as smoothly for you as we would like.

Functionality cookies.

In some circumstances, we may use functionality cookies. Functionality cookies allow us to remember the choices you make while browsing the Online Services and to provide enhanced and more personalized content and features, such as customizing a certain webpage, remembering if we have asked you to participate in a promotion, and for other services you request such as watching a video or commenting on a blog. In order to permit your connection to the Online Services, our servers receive and record information about your computer, device, and browser, potentially including your IP address, browser type, and other software or hardware information. If you access the Online Services from a mobile or other device, we may collect a unique device identifier assigned to that device (“UDID”), geolocation data, or other transactional information for that device. All of these features help us to improve your visit to the Online Services.

Analytics cookies.

We and our service providers may use analytics cookies, which are sometimes called performance cookies, to collect information about your use of the Online Services and enable us to improve the way it works. Analytics cookies collect information about how you use the Online Services, for instance, which pages you go to most. The information allows us to see the overall patterns of usage on the Online Services, help us record any difficulties you have with the Online Services and show us whether our advertising is effective or not.

Social networking cookies.

These Social plug-in tracking cookies can be used to track both members and non-members of social networks for “additional” purposes such as behavioral advertising, analytics, and market research.

3. How do third parties use cookies on the site?

In some circumstances, we may work with third parties to provide services on our Online Services. For example, we use analytics services supported by third party companies who generate analytics cookies on our behalf. We may not have access to these cookies, although we may use statistical information arising from the cookies provided by these third parties to customize content and for the other purposes described above. These companies also may transfer this information to other parties where required to do so by law or where such other parties process the information on their behalf.

Third-party advertisers and other organizations also may use their own cookies to collect information about your activities on our Online Services and/or the advertisements you have clicked on. This information, which may be combined with other information acquired from third parties, may be used by them to serve advertisements on our Online Services and third party sites that they believe are most likely to be of interest to you based on content you have viewed.

Third-party advertisers also may use this information to measure the effectiveness of their advertisements and to track aggregate usage statistics.

We may not control these third-party cookies, and their use may be governed by the privacy policies of the third parties employing these cookies. To learn about these cookies and to disable or reject third-party cookies, please refer to the relevant third party’s website.

For more information about third-party advertising on the Online Services, see the section on Delivering Advertising in the Privacy Policy.

You can also learn more about controlling cookies in Section 4 below.

4. How can you control cookies?

You may refuse to accept cookies from the Online Services at any time by activating the setting on your browser that allows you to refuse cookies. Further information about the procedure to follow in order to disable cookies can be found on your Internet browser provider’s website via your help screen. You may wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers.

Please note that by disabling or blocking any or all cookies, some features of the Online Services may not operate as intended, or you may not have access to features or personalization available through the Online Services.

Analytics cookies can also be managed via the following links:

 

5.  How do we respond to DNT (“Do Not Track”) browser signals?

In compliance with California AB 370, Section 22575, we have a responsibility to inform you that the Online Services does not take any specific automated action in response to browser Do Not Track signals or other similar mechanisms (collectively, “DNT signals”). As specified in the Do-Not-Track and Use of Cookies Section and Section 4 above, there are actions that you can take to restrict or eliminate the use of tracking technologies within the Online Services No actions are taken automatically in response to DNT signals on the Online Services, however.


 

California Residents’ Privacy Rights

This section is applicable to residents of California. If you are a resident of California, you have certain rights described below. The following do not apply to individuals who do not live in California on a permanent basis.

  • RIGHTS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83

A California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California Customer") may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California Customers may request further information about our compliance with this law by mailing us at [Bajio Sunglasses 1674 Tionia Rd., New Smyrna Beach, FL 32168] or emailing us at [customer.service@bajiosunglasses.com]. Please note that we are only required to respond to two requests per California Customer each year under Code Section 1798.83. 

■       RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT

This section of our Privacy Policy provides California residents with a comprehensive description of Company’s online and offline practices regarding the collection, use, disclosure, and sale of personal information and the rights of California consumers regarding their personal information under the California Consumer Privacy Act (“CCPA”). This section applies to all California residents (but not including legal entities, such as companies). The section will not apply, however, if Company does not collect any personal information about you or if all of the information we collect is exempt from the statute (for example, the CCPA does not protect information that is already protected by certain other privacy laws, and it does not protect information that is already publicly available). “Personal information,” for purposes of this section regarding the rights of California residents, does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.

  1. You have a Right to Know About Personal Information Collected, Disclosed, or Sold.

California residents have the right to request that Company disclose what personal information it collects, uses, discloses, and sells. This is called the “Right to Know”. Under the Right to Know, you can request a listing of the types of personal information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling personal information), other individuals and business with whom we share personal information, and the specific pieces of personal information that we have collected about you.

If you would like the above information, you may contact us through our webpage or customer service. Contact information is at the bottom of this section. When you make a request under your Right to Know, you can expect the following:

  1. We will verify your identity. You will need to provide us the following information: email address and full name in order for us to verify that you are who you say you are.
  2. We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.
  3. We will respond to your request within 45 days. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
  4. In certain cases, a Request to Know may be denied, for example, if we cannot verify your identity or if providing you the information could create an unreasonable risk to someone’s security (for example, we do not want very sensitive information disclosed inappropriately). If we deny your request, we will explain why we denied it. If we deny a request, we will still try to provide you as much of the information as we can, but we will withhold the information subject to denial.

In the last 12 months, we have collected the categories of personal information described above under the section “Categories of Personal Information.” All such information was collected from sources as described above and for the purposes described above. We only disclose such information to third parties as described in the section “Disclosures and Transfers of Personal Information”.  Company does not sell personal information.

  1. You have a Right to Request Deletion of Personal Information about You.

California consumers have a right to request the deletion of their personal information collected or maintained by Company. If you would like information about you to be deleted, you may contact us through our webpage or customer service. Contact information is at the bottom of this section. When you make a request for deletion, you can expect the following:

  1. After you request deletion, you will need to confirm that you want your information deleted.
  2. We will verify your identity. You will need to provide us the following information: email address and full name.
  3. We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.
  4. We will respond to your request within 45 days. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
  5. In certain cases, a request for deletion may be denied, for example, if we cannot verify your identity, the law requires that we maintain the information, or if we need the information for internal purposes such as providing Online Services or completing an order. If we deny your request, we will explain why we denied it and delete any other information that is not protected from deletion.
  6. Right to Opt-Out of the Sale of Personal Information

California consumers have a right to opt-out of the sale of their personal information by businesses. Company does not sell personal information, however, so opt-out is not relevant.

  1. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

You have a right not to receive discriminatory treatment by us for exercising any of your privacy rights conferred by the CCPA. We will not discriminate against any California consumer because such person exercised any of the consumer’s rights under CCPA, including, but not limited to:

  • Denying goods or services.
  • Charging different prices or rates for goods and services, including through the use of discounts or other benefits or imposing penalties.
  • Providing a different level or quality of goods or services.
  • Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

We may, however, charge a different price or rate, or provide a different level or quality of goods or services, if that difference is related to the value provided to you by your data.

  1. Authorized Agents

If you would like, you may designate an authorized agent to make a request under the CCPA on your behalf. We will deny requests from agents that do not submit proof of authorization from you. To verify that an authorized agent has authority to act for you, we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us.

Terms of Use

Last Updated: April 21st, 2023. 

  1. Acceptance of Terms. These Terms of Use (the “Terms of Use”) apply to the website(s) located at [“https://bajiosunglasses.com”] and any successor website, subdomain, subsite, or mobile application which links to or references these Terms of Use (collectively the “Online Services”), which are owned and operated by or on behalf of Bajío, Inc. (“Company”). The Online Services provide users with access to information and materials about Company and the products and services (“Products and Services”) offered by Company. The Online Services also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Company, Products and Services, and the Company’s suppliers, distributors, and retail sales channels, “Content”).
    PLEASE NOTE: Your access to and use of the Online Services is subject to these Terms of Use, as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Online Services or any information, Content or Products and Services contained on the Online Services. Your access to and use of the Online Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by Company from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use the Online Services after such changes are posted; provided, however, that the Company may  provide notice by means of conspicuous alert or notification displayed on the Online Services in the case of substantial revisions. Unless otherwise indicated, any new Content, Products and Services added to the Online Services will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Online Services and these Terms of Use periodically for updates and changes.  If you are using the Online Services on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms of Use on behalf of that legal entity.

    THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION IN SOME SITUATIONS, WHICH MEANS THAT YOU MAY HAVE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS OR THE SITES OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THESE TERMS OF USE ALSO INCLUDE CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION AND WAIVE YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE ANY OF THE ONLINE SERVICES IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY.

  2. Contacting Us. If you have any questions or concerns about these Terms of Use, please contact us at [customer.service@bajiosunglasses.com] or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

     

    [1674 Tionia Road, New Smyrna Beach, FL 32168]

  3. Limited License and Site Access; All Rights Reserved. Use of the Online Services is limited to persons who are at least of the age of majority in their jurisdiction of residence.  Subject to your compliance with these Terms of Use, Company hereby grants you a limited license to access and make personal use of these Online Services, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of the Online Services or the Content; any derivative use of the Online Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Online Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company's express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Company's name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Online Services and any Content, features, Products and Services offered on these Online Services, including any and all intellectual property rights.  Any software applications available on or through the Online Services are licensed, not sold, to you. The Company may assign these Terms of Use or any part of them without restrictions. You may not assign these Terms of Use or any part of them, nor transfer or sub-license your rights under this License, to any third party.  We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Company.

  4. Availability of Products and Services. Due to offers that are limited in time or availability, certain Products and Services described on the Online Services may not be available to all users at all times.   The Online Services may provide certain summary descriptions or other helpful information regarding Products and Services. Company attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual product/service agreement to which they refer.  The Company attempts to be as accurate as possible with our product descriptions. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED WITHIN AND ON THE ONLINE SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Online Services does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.

  5. Not a Substitute for Professional Advice. Although the Online Services may provide information concerning Product usage and specifications (including certain prescription Products or safety products), it is not a substitute for advice from a qualified professional, and you should not act or refrain from acting on the basis of any content included in this site without seeking advice from a qualified professional.

  6. Shipping and Returns Policies. All sales made through the Online Services are subject to our shipping and returns policies, available at [https://bajiosunglasses.com/customercare],

  7. Warranty, Repair, and Replacement. We will handle issues you have with your Products in accordance with our Warranty and Service Policy, available at [https://bajiosunglasses.com/customercare].

  8. Payment and Order Acceptance.

      1. Payments for products purchased through the Online Services may be processed by a third party payment gateway. Your use of the third party payment gateway may be subject to your agreement with additional terms and conditions provided by the third party.  Company has no liability for any disagreement between you and the third party payment processor which may arise out of these additional terms and conditions.
      2. If you purchase products on the Online Services, you agree to pay, using a valid credit card (or other form of payment that Company may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. Company accepts most generally-accepted credit card brands; however, Company may add or change the cards which it accepts, at any time, in its sole discretion.
      3. All authorized charges will be billed to your designated credit card account (or other payment methods), on the terms described at the time of your purchase. If a payment hold cannot be charged to your credit card as set forth above, Company reserves the right to cancel your order. It is your responsibility to ensure that sufficient funds are available to cover the charges for the products, and Company has no liability for any overdraft or other fees that you may incur as a result of processing your payment. Company will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
  9. Tax Policy. Unless stated otherwise, prices for all products are in United States dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement.  Company charges sales tax on all orders as required by law.  The sales tax amount is based on the location of the store at which the products are installed.
    1.  Manufacturer’s Rebates. Certain product purchases may entitle you to claim one or more manufacturer’s rebate offers.  Rebate availability and processing are subject to additional terms, conditions, and policies and may be processed by third party providers.

    2. Order Limitations/Limited Quantities. We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers.

    3. Copyright. Except as otherwise expressly stated, all Content appearing on the Online Services is the copyrighted work of Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Company and is protected by U.S. and international copyright laws.

      You may download information from the Online Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from these Online Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Company does not warrant or represent that your use of Content, Products and Services or any other materials displayed on the Online Services will not infringe rights of third parties.

    4. DMCA. If you believe that any Content on the Online Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2) (the “Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act” or “DMCA:”), please notify us immediately at [service@bajiosunglasses.com] with reasonably sufficient detail necessary for us to consider and respond to your complaint.  We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to [1674 Tionia Road, New Smyrna Beach, FL 32168].

    5. Ownership of information submitted via the Online Services. Any communication or other material (including any photograph, video, or other audio or visual work) submitted or posted to this web site (“Submission”) will be considered non-confidential. The Company is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion. Unless otherwise expressly stated in writing by the Company, no compensation will be paid with respect to the use of any Submission. The Company shall have no obligation to preserve, return or otherwise make available to you or others any Submission.

      Company shall: (a) own, exclusively, all now known or later discovered rights to the Submission; and (b) be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.  By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission. The rights granted to the Company include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of your Submission.

      You understand and intend that any Submission may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any Submission. By providing your Submission to the Company, you hereby waive any privacy expectations that you may have with respect to any such Submission. You hereby agree to hold the Company and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any the Company site, or any other use authorized under these Terms, of your Submission.

    6. Your privacy is important to us.  We maintain our Privacy Policy at this [https://bajiosunglasses.com/privacypolicy.  We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy.  We reserve the right to store all information transmitted via our Services and to use it in accordance with our Privacy Policy.  We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our Site.  We encourage you to periodically check the Site for updates.  If you disagree with anything in our Privacy Policy, you should cancel your subscription and discontinue using our Services.

    7. Connection Requirements. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Online Services, and Company reserves the right to change the access configuration of the Online Services at any time without prior notice.

    8. In order to make purchases on the Online Services and/or access certain content or features of the Online Services, you may be required to register with Company and create an account. You must not use domain names or web URLs in your username. Your account gives you access to certain portions of the Online Services and functionality that Company may establish and maintain from time to time and in its sole discretion. By providing Company your email address you consent to our using the email address to send you notices related to the Online Services, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Online Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your [Bajio Emails, click Unsubscribe and follow the prompts]. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

      You may control your user profile and how you interact with the Online Services by changing the settings in your Account Page at [https://bajiosunglasses.com/account].

      You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.

    9. Alternate Login Methods. You may be able to access your account within the Online Services by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your computer or mobile device.  These features are provided through your device’s built-in functionality, and Company has no responsibility for any misuse, unauthorized use, or failure of these features, either where such activity may prevent you from accessing your account or where such activity may permit an unauthorized third party to access your account.  When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by or on behalf of Company.  Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to your information contained within the Online Services.

    10. Prohibited Use. Any use or attempted use of the Online Services(i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Online Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.

      In addition, in connection with your use of the Online Services, you agree you will not:
      1. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
      2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
      4. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
      5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
      6. Use the Online Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
      7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
      8. Violate any applicable local, state, national or international law;
      9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
      10. Delete or revise any material posted by any other person or entity;
      11. Manipulate or otherwise display the Online Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Online Services other than the main homepage, https://bajiosunglasses.com, in accordance with the Limited License and Site Access outlined above;
      12. Probe, scan, test the vulnerability of or breach the authentication measures of, the Online Services or any related networks or systems;
      13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
      14. Harvest or otherwise collect information about others, including e-mail addresses; or
      15. Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on these Online Services.
        The company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement and Notice of Privacy Practices, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
    1. Right to Monitor. Company neither actively monitors general use of the Online Services under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through these Online Services. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Company's sole discretion, may be illegal, may subject Company to liability, may violate these Terms of Use, or are, in the sole discretion of Company, inconsistent with Company's purpose for these Online Services.
    2. No Company Editorial Control of Third Party Content; No Statement as to Accuracy. To the extent that any of the Content included in the Online Services is provided by third party content providers or other Website users, Company has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on the Online Services are those of such third party suppliers or users, respectively. Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Online Services or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Company.
    1. Links to Third Party Websites. The Online Services may contain links to other sites or online services owned and operated by parties other than Company (“Third Party Links”). Such Third Party Links are provided only for ready reference and ease of use. We do not control such sites or services and cannot be held responsible for their content or accuracy and do not endorse these sites or services unless we specifically so state. In the event the Online Services provide Third Party Links, you acknowledge and agree that Company is not responsible for and is not liable for the content, products, services or other materials on or available from such websites.  We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. Company is under no obligation to maintain any link on the Online Services and may remove a link at any time in its sole discretion for any reason whatsoever. Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Company is not responsible for the privacy practices of any other websites.
    1. Rules for Sweepstakes, Contests, Surveys, and Similar Promotions. Any sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") made available through the Online Services will be governed by specific rules that are separate from these Terms of Use.  By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.  The Company urges you to read the applicable rules, which are linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such Promotions. 
    1. Disclaimer. Content and other information contained on the Online Services has been prepared by Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Company has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Online Services or any other Website maintained by Company. Users relying on Content or other information from the Online Services do so at their own risk.
    The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the relevant product or services agreement for complete terms and conditions. Should you purchase a product or service from Company or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of the Online Services does not affect that purchase in any manner.
    YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND OTHER THAN AS STATED IN OUR WARRANTY AND SERVICE POLICY, ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
    1. Limitation of Liability
    YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE ONLINE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BYLAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE ONLINE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE ONLINE SERVICES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE ONLINE SERVICES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE ONLINE SERVICES, PRODUCTS AND SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE COMPANY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE ONLINE SERVICES.
    OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE ONLINE SERVICES OR PRODUCTS, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50.  YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE ONLINE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.
    BY ACCESSING THE ONLINE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
    1. Indemnification. To the full extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees and litigation expenses) relating to or arising from these Online Services, your use of these Online Services, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

     

    1. Notices. Any notices to you from Company regarding the Online Services or these Terms of Use will be posted on the Online Services or made by e-mail or regular mail.

     

    1. Electronic Communications. When you visit the Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Online Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

     

    1. ARBITRATION CLAUSE — IMPORTANT — PLEASE REVIEW — AFFECTS YOUR LEGAL RIGHTS. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.  DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
      1. In accordance with this section, any dispute, claim, or controversy arising out of or relating to these Terms of Use, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or relating to any of the Online Services shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS (800 352-5267, www.jamsadr.com), the American Arbitration Association (800 778-7879, www.adr.org), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
      2. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitation. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. We will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s award shall be final and binding on all parties, except that you may appeal any arbitrator’s award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.
      3. You retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and we agree to reimburse your filing fees for such proceedings. You also retain the right to seek individual injunctive relief in court. Neither you nor we waive the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Clause shall survive any termination of these Terms of Use. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable.
    1. General Provisions
    1. Entire Agreement. These Terms of Use, the Privacy Statement and Notice of Privacy Practices, and other policies Company may post on the Online Services constitutes the entire agreement between Company and you in connection with your use of the Online Services and the Content, and supersedes any prior agreements between Company and you regarding use of the Online Services, including prior versions of these Terms of Use.
    2. Governing Law; Jurisdiction; Venue; Severability of Provisions. The Terms of Use are governed by the laws of the State of Georgia, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms of Use shall be brought exclusively in the federal or state courts of Georgia and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if any provision of these Terms of Use is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
    3. Class Action Waiver. To the full extent permitted by applicable law, both you and Company waive the right to bring any dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any dispute brought by anyone else. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
    4. Jury Waiver. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
    5. No Agency Relationship. Neither these Terms of Use, nor any Content, materials, features, or Products and Services of the Online Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
    6. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Online Services or your relationship with Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
    7. Remedies. You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

    31.     Contest 

    #MYBAJIO SUMMER CONTEST

    OFFICIAL RULES

    (“Official Rules”)

     

    1.     NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

    2.     THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR ITS PARENT COMPANY, FACEBOOK, INC. AND BY ENTERING THE CONTEST, ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS INSTAGRAM AND FACEBOOK FROM ANY AND ALL LIABILITY ASSOCIATED WITH THIS CONTEST.

    3.     Eligibility:  This Contest promotion (this “Contest”) is open only to legal residents of the contiguous United States and the District of Columbia (excluding legal residents of Guam, Puerto Rico, all other U.S. foreign territories and possessions, and where prohibited by law) who are at least eighteen (18) years of age or, if the legal age of majority in his or her jurisdiction of residence at the time of entry is greater than eighteen (18) years of age, then such greater legal age of majority. Bajio, Inc. (the “Sponsor”), its parents, affiliates, subsidiaries, advertising and promotion agencies, and their respective officers, directors, members, and employees, as well as immediate family of the foregoing (i.e., parents, children, siblings, spouses, and, for purposes of the Contest, persons residing in the same household of such immediate family) and any other party associated with the development or administration of the Contest, are not eligible to enter or win the Contest. Void where prohibited. 

    1. Timing: The Contest period will run for 12 consecutive weeks beginning on June 17, 2021 (each week a “Contest Period”).  Entries will be judged on the Friday following the end of each Contest Period.  Week one Contest Period begins on Thursday, June 17, 2021 at 12:00 a.m. Eastern Time (“ET”) and ends on Thursday, June 24, 2021 at 11:59 p.m. ET.  The subsequent eleven weekly contests will follow the same pattern and timing with the final week twelve Contest Period beginning on Thursday, September 2, 2021 at 12:00 a.m. ET and ending on Thursday, September 9, 2021 at 11:59 p.m. ET.  Entries must be submitted within each Contest Period to be eligible for a prize that week and will not rollover to the following Contest Period.
    2. How to Enter: To enter using Instagram, you must join or be a member of Instagram; joining Instagram is free. During a Contest Period, you may receive one (1) entry in that week’s Contest by doing each of the following:
    • Post a photo or video to Instagram of your Bajio – show us your happy place, or your connection zone, that exemplifies your Bajio;
    • Use #mybajio in the caption of your post;
    • Tag @bajiosunglasses in the post; and
    • Follow @bajiosunglasses on Instagram (combined, an “Entry”).

    Entries will not rollover to the following week’s Contest Period.  Eligible entries must be submitted during a Contest Period to be valid.  All entries and information submitted shall become the exclusive property of the Sponsor. The Contest is limited to one (1) entry per household per Contest Period. Entries generated by script, macro, or other automated or mechanical means, or by means which subvert the entry process or where prohibited by law, will be void.

    1. Judging Criteria: All Entries must meet the Contest entry requirements described in these Official Rules. Eligible Entries will be evaluated based on the following weighted criteria:
      1. Originality (60%)
      2. Creativity of presentation (40%)

     

    1. Judging: On Friday, June 25, 2021 (and the following eleven Fridays, through and including September 10, 2021), a panel of judges selected by the Sponsor will judge eligible Entries based on the criteria above and select the weekly winner of the Contest (the “Winner”).  The Winner will be the Entry with the highest total points.  In the event of a tie, the judges will re-judge the tied Entries using the Criteria until such time as a winner is determined. The judges’ decision will be final and binding.  Only one Winner per Contest Period will be selected.  The weekly Winner will be announced by 5:00p.m. ET on the Friday following the conclusion of each  Contest Period (beginning on Friday, June 25, 2021).
    2. Prize: One (1) first place prize (the “Prize”) shall be awarded to one Winner with the highest total for each Contest Period. There will be a total of 12 Winners for the entirety of the Contest.  The Prize consists of one pair of Bajio Sunglasses.   Approximate Retail Value (“ARV”) of the Prize is up to $250.  Any difference between ARV and actual value will not be awarded. The Prize is non-transferable, and no substitution or cash alternative will be made without the consent of the Sponsor. The Sponsor reserves the right to substitute a Prize for one of equal or greater value if the designated Prize should become unavailable for any reason.
    3. Release: By participating in the Contest, each entrant agrees to release and hold harmless the Sponsor, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising agencies, prize providers, and each of their respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of a Prize or any other prize associated with the Contest. Except where prohibited, participation in the Contest constitutes the consent of a Winner to the Sponsor’s and its representatives’ or agents’ use of the Winner’s name, likeness, photograph, voice, opinions, biographical data, and/or contact information for promotional and other internal or external marketing purposes in any media, worldwide, without further compensation. 
    4. General Conditions: Participation in the Contest constitutes entrant’s full and unconditional agreement to these Official Rules, which are final and binding in all matters related to the Contest. In the event the Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein due to any event beyond its control, including, but not limited to, technical failure, fire, flood, earthquake, pandemic, explosion, labor dispute or strike, act of God, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), or any federal, state, or local government law, order, or regulation, or any other cause not reasonably within the Sponsor’s control, then the Sponsor shall have the sole right to modify, suspend, or terminate the Contest. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMACY OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND, IF THE SPONSOR BELIEVES, IN ITS SOLE DISCRETION, THAT SUCH AN ATTEMPT HAS BEEN OR WILL BE MADE, THEN THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of the Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
    5. Entrant’s Personal Information and Privacy: Any personal information that you provide in connection with the Contest, shall be used by Sponsor to administer this Contest, contact entrants, and for the other purposes set forth in the Sponsor’s privacy policy located at  https://bajiosunglasses.com/policies/privacy-policy (the “Website”).  The Sponsor will use the information you provide for purposes described in the Privacy Policy and herein, as well as in administering the Contest, notifying the entrant if selected to win a prize, and publicizing the name and/or likeness of the Winner, to the extent permitted by applicable law.
    6. Limitations of Liability: The Released Parties are not responsible for: (i) lost, late, stolen, misdirected, damaged, illegible, incomplete, garbled, or undelivered entries; (ii) fraud, technical problems, failures, malfunctions, or for any other technical problems or malfunctions associated with any telephone lines, computer systems, servers, provider hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or any combination thereof; (iii) any damage to any participant’s computer system/software related to or resulting from any participation or activity in connection with the Contest; or (iv) any incorrect or inaccurate information provided, published, or printed or any other factor