TERMS OF USE

 

These Terms of Use govern your use of the E-Tint website: www.e-tintproducts.com (the “Site”) provided by E-Tint, LLC (“E-Tint” “we” and “us”). You acknowledge and agree that each time you proceed to access and use this site, you agree to abide by these Terms and Conditions. Your act of proceeding to access and use this site will constitute an “electronic signature” indicating your agreement to these Terms and Conditions for all access and use of the site.

UPDATES AND GUIDELINES
We may update these Terms of Use from time to time without notice to you. We encourage you to check back periodically to see if there have been any changes.

When using certain services on the Site, you and we will be subject to any posted guidelines or rules applicable to such services, which may be posted and updated from time to time. All such guidelines and rules are hereby incorporated by reference into these Terms of Use.

PRIVACY AND SECURITY STATEMENT 
E-Tint respects your privacy. Please review our Privacy Policy, available online at www.e-tintproducts.com/privacy-policy. E-Tint reserves the right to monitor and investigate all use of this site for violations of law and/or violations of these Terms and Conditions without notice to you.

LIMITED RIGHT TO ACCESS AND USE SITE 
You may access and use the Site only for lawful commercial purposes intended by E-Tint in providing the site. Any unauthorized access or use of any portion of this site, its content, data, computers or networks, or interference with any operation of the site, or interception of any communication from or to the site, or any attempt to do one or more of these or other unauthorized or unlawful acts — is strictly prohibited.

E-Tint reserves the right to limit, suspend and/or terminate access and use of the Site (in whole or in part) by any or all persons and entities at any time without notice and for no reason stated, as E-Tint may decide in its sole discretion.

E-Tint reserves the right to add, modify, substitute, suspend or discontinue products or service offerings at any time without notice and for no reason stated, as E-Tint may decide in its sole discretion.

USE AT YOUR OWN RISK – RELEASE AND INDEMNIFICATION FOR PRODUCT USE ALL ACCESS AND USE OF THIS WEB SITE, ITS CONTENTS, PRODUCTS AND SERVICES ARE AT YOUR OWN RISK.

CONDUCT
You agree to abide by the following rules for use of the Site.
You may not use the Site in such a manner as to violate any applicable law.
You may not use the Site or any hardware, software, or equipment of E-Tint for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to E-Tint or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.

You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of E-Tint.

We reserve the right to modify any features of any of the Site at any time without advance notice. In the event either you or E-Tint terminate this Agreement for any reason, you remain liable for any fees incurred before such termination is effective. WE MAY, IN OUR SOLE DISCRETION, TERMINATE OR SUSPEND ACCESS TO ALL OR PART OF THIS SITE (a) FOR USERS, FOR ANY REASON, INCLUDING FAILURE TO COMPLY WITH THESE TERMS OF USE, or (b) FOR ANYONE, IN ORDER TO PREVENT OR MITIGATE HARM TO THE PERSON OR PROPERTY OF YOU, OTHER USERS OF THE SITE, E-TINT, OR THIRD PARTIES, OR AS REQUIRED BY LAW.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS E-TINT, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND SPONSORS, AND THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES, LIABILITY, LOSSES AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY TO YOU OR OTHERS) ARISING FROM OR RELATED TO THE USE (OR MISUSE) OF ANY PRODUCTS OBTAINED BY YOU, DIRECTLY OR INDIRECTLY, FROM E-TINT, LLC, ITS AFFILIATES, REPRESENTATIVES, SPONSORS AND/OR SUPPLIERS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER E-TINT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AFFILIATES, SPONSORS, VENDORS OR ANY OTHER PARTY INVOLVED IN PROVIDING THIS WEB SITE, ITS CONTENT AND PRODUCTS AND SERVICES SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF OR RELATED TO THE ACCESS, USE OF (OR INABILITY TO ACCESS OR USE) THIS WEB SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE VIA THIS SITE BY E-TINT OR ITS BUSINESS AFFILIATES.

E-TINT ASSUMES NO LIABILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, PERSONALLY INJURY, LOSS OF CONSORTIUM, AND CLAIMS OF THIRD PARTIES. IN THE EVENT A COURT OF COMPETENT JURISDICTION SHOULD FIND AND ALLOCATE LIABILITY FOR ANY REASON, IN NO EVENT SHALL E-TINT’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY, EXCEED ONE HUNDRED AND FIFTY DOLLARS ($150).

DISCLAIMERS OF WARRANTIES 
THE SITE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, E-TINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE. E-TINT MAKES NO WARRANTY THAT (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, “TROJAN HORSES,” OR OTHER MALICIOUS CODE; (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (d) THAT ANY ERRORS IN THE SITE OR THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED. No information or advice obtained through the Site, or any other affirmation of E-Tint, by words or actions, shall constitute a warranty.

You use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. E-Tint assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site or any material found on the Site, or any other site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site.

E-TINT FURTHER EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATING TO PRODUCT DESCRIPTIONS AND COMPONENTS, RECOMMENDATIONS OF PROFESSIONALS, AND PRODUCT USE, SAFETY AND/OR EFFECTIVENESS. No information or advice obtained through the Site, or any other affirmation of E-Tint, by words or actions, shall constitute a warranty.

SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS.

CONTENT
We do not, and are not in a position to, review, investigate, or confirm the accuracy of information posted by users. We use reasonable efforts to ensure that the information we provide on the Site will be accurate, but we do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to our Site. Further, E-Tint, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so.

OWNERSHIP

SITE AND CONTENT. All materials on the Site that are created or provided by E-Tint, including text, graphics, logos, icons, and images, are the property of E-Tint or other content providers, and belong exclusively to E-Tint, its sponsors, business affiliates and their respective licensors. This web site and its contents are protected by U.S. and International copyright laws. Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license or use of the contents of this site, in whole or in part, is strictly prohibited. You may copy limited content from this site for non-public, non-commercial personal use or educational use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you.

TRADEMARKS. The trademarks, slogans, logos, characters and other designations of origin or affiliation (collectively “Trademarks”):  “E-TINT”, “CTRL”, “CTRL EYEWEAR”, “AKARI”, “Electronic Tint-on-Demand”, and “Tint-On-Demand”, displayed on this web site belong to E-Tint, its sponsors, business affiliates and their respective licensors or other owners. Nothing contained on this web site shall be construed as granting or conveying any interest, license or right to use or own any Trademark. Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.

SUBMISSIONS and CONTRIBUTIONS. By submitting any information or material (including but not limited to any suggestion, idea, concept, or data) to E-Tint at this site, by email, by phone, by written correspondence or otherwise (each a “Submission”), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) E-Tint is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) E-Tint shall be entitled to use or disclose (or not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) E-Tint may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of E-Tint without any obligation of E-Tint to you; and (f) you are not entitled to any compensation or reimbursement of any kind from E-Tint in connection with the Contributions under any circumstances.
E-Tint is free to dispose, reproduce and/or use any Submission without restriction, for any purpose whatsoever, including but not limited to, developing, manufacturing, advertising, marketing and sale of products or services. Any Submission is without payment or compensation to you or any other party. By making a Submission, you warrant that the Submission is not offensive, obscene or defamatory, and that E-Tint’s use of the Submission (as submitted) will not violate any third party’s rights. E-Tint is under no obligation to accept, respond to or use any Submission.

We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved.

LINKING TO THIRD PARTY SITES 
As a matter of convenience to visitors, this site may contain links to other third party websites (i.e., sites not owned or controlled by E-Tint). No link to another web site shall imply any endorsement or sponsorship of the third party web site, its owner or operator, or any products or services. E-Tint is not responsible for the content of or any links contained on any other website. Your access and use of any other web site is entirely at your own risk. Under no circumstances will E-Tint be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available on any other site.

LINKING TO THIS SITE 
E-Tint does not generally object to links to the home page of E-Tint.com from third party sites. However, absent an express written agreement to the contrary, all third-party links to the home page of this site must be in accordance with the following terms and conditions. A third-party link may only link to the home page of this site using the plain text version of E-Tint name (“E-Tint”) or the plain text version of the site name (“E-Tint.com”). No content from this site may be incorporated into the third party site by any means (e.g., by in-lining or framing); (b) No Trademark of E-Tint may be used as any “metatag,” “title tag,” or in any source code or used in any other way for identification and use by search engines or other information location tools to identify and select web sites or pages. E-Tint will not agree to or tolerate links from any obscene, scandalous, profane, defamatory or unlawful sites, or any site that may adversely affect the name, reputation and goodwill of E-Tint, E-Tint and their products, as E-Tint shall determine in its sole discretion. E-Tint reserves the right to cancel permission to link to this site at any time, for any reason, in its sole discretion.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
E-Tint respects the intellectual property of others, and we ask our users to do the same. E-Tint may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at: support@e-tintproducts.com or call 1-877-451-5937 and provide:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

E-Tint’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Legal Department
E-Tint, LLC
1950 State Route 59
Kent, OH 44240

By phone: 1-877-451-5937
By email: support@e-tintproducts.com

EQUITABLE RELIEF
You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, E-Tint shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

GOVERNING LAW
These Terms and Conditions will be governed and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of laws principles. Except as set forth in the “Equitable Relief” provision of these Terms of Use, the sole jurisdiction and venue of any action related to these Terms of Use shall be the Ohio state courts and the United States federal courts in Portage County, Ohio, and you agree to submit to the personal and exclusive jurisdiction of these courts.

GENERAL PROVISIONS
All the terms of these Terms of Use shall apply to and bind your assignees and successors in interest and those of E-Tint. This Agreement is not assignable by you without E-Tint’s prior written consent. The waiver by E-Tint of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of this Agreement is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of this Agreement.

You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer with the capability of accessing the site and printing from the site.

IF YOU AGREE, YOU MAY PROCEED TO ACCESS AND USE WWW.E-TINTPRODUCTS.COM.

Copyright © 2019 E-Tint, Inc. All rights reserved.