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Terms of Use

Terms of Use

OVERVIEW: This website is operated and maintained by EyeCandy, LLC dba Fuse Lenses (the "Company"). The Company provides this website to you, subject to the terms and conditions stated in this Terms of Use. The Company may change these Terms of Use from time to time, without notice, so you should review it periodically. By using the Company's website and related services, you agree to be bound by these Terms of Use and any changes to it. You may download the content of the website only for your personal and noncommercial use. You agree not to make any other copies or modify the content or material. All content on this website is Copyright © Fuse Lenses, All rights reserved.

OUTSIDE CONTENT: Clicking on certain links contained on the website may take you to other websites. These websites are not maintained by the Company, and therefore the Company disclaims any liability for the content of them.

ILLEGAL/PROHIBITED USE: You agree to use this website and its services only for legal and permitted purposes, and you agree that you will not upload, transfer, post, or email any illegal, offensive, pornographic, obscene, defamatory, libelous, slanderous, confidential, private, or distasteful material. You further agree not to stalk or harass other users of the website. You understand that the Company does not monitor all of the website's users or all the content that users provide to the website or to other users, but the Company reserves the right to delete, modify, or erase material in its sole discretion. You agree not to upload or transmit intentionally any computer viruses, worms, trojan horses, or other malicious code to the website or to any of the website's users. You agree not to hack into or intentionally upload any malicious computer code to the Company's website, or intentionally transmit such things to other users. You are prohibited from violating or attempting to violate any security features of the site or service. The Company reserves the right to terminate anyone's use of the website and/or service at its sole discretion.

INDEMNIFICATION: You agree to indemnify and hold harmless the Company, its members, employees, officers, and agents from any and all damages, costs, expenses, liabilities, and fees incurred by any or all of them in connection with any material or content you upload or transmit to, over, or through the website which violates the law or rights of others. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

GOVERNING LAW: This Terms of Use agreement shall be governed exclusively by the laws of the state of Florida (excluding its choice of laws provisions). All disputes arising from use of this website will be subject to arbitration as detailed below in the section titled "Arbitration." In the event a court is needed for the Company to obtain an injunction against a user, venue shall reside exclusively in Hillsborough County, Florida. All disputes arising from use of this website will be subject to arbitration. Any waiver of any term of this agreement does not constitute a waiver of any other term or a continuing waiver of it. The Company reserves all of its rights stated in this agreement.

ARBITRATION: I, as a customer of the Company hereby submit to arbitration administered by The American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, in Tampa, Florida, any claim, controversy, or disagreement regarding the use of this website, orders, processing, fulfillment, products or their use, or any other issues arising out of this agreement. We further agree that any of the above controversies may be submitted to one arbitrator selected from the panel of AAA arbitrators. We further agree that we will faithfully observe this agreement and the Rules and that we will abide by and perform any award rendered by the arbitrator and that judgment of the court having jurisdiction may be entered upon confirmation of the arbitration award. We agree that the award may be reviewable exclusively by the courts located in Hillsborough County, Florida if the arbitrator, in the opinion of any party hereto, has failed to observe the rules and laws of the State of Florida. Notwithstanding this agreement to arbitrate, if either party needs to obtain any form of equitable relief such as an injunction to protect any of its intellectual property or enforce trade secrets, such party may file such an equitable action in the circuit court located in Hillsborough County, Florida, to do so.

SEVERABILITY; WAIVER: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

U.S.A. BASED SITE: The Site is controlled and operated by the Company from its offices in the State of Florida. The Company makes no representation that any of the materials or the services to which you have been given access is available or appropriate for use in other locations. Your use of or access to the site should not be construed as the Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.

ATTORNEY FEES: In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit or other proceeding.

MODIFICATIONS: The Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) revise the Policies; (c) modify the site, products offered and/or the services offered; and (d) discontinue the site, products offered and/or services offered at any time. From time to time and at the sole discretion of the Company, changes may be made to the Policies and Terms & Conditions. It is your responsibility to review these Policies and Terms & Conditions periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the site and cease all use of the service and the site.

ACKNOWLEDGEMENT: BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.