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Terms of Use

YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

ELECTRONIC COMMUNICATIONS
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
 
PRODUCT DESCRIPTIONS
We make our best effort to describe the products offered on the Site as accurately as possible. However, we do not warrant that product descriptions or other content of the site are accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.
 
COPYRIGHT
All content included on the Site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Kinetic Lens or its content suppliers and is protected by United States and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the Site that is not the property of Kinetic Lens is used with permission. The arrangement and compilation of all content on the Site are the exclusive property of Kinetic Lens and are protected by U.S. and international copyright laws. 
 
LICENSE AND SITE ACCESS
We grant you a limited, revocable license to access and make personal use of the Site as our customer. However, you are not permitted to:
  • Reproduce, duplicate, copy, sell or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose.
  • Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content (except in the operation or use of internet “search engines,” hit counters or similar technology).
  • Use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site.
  • Engage in any activity that interferes with the Site or another user’s ability to use the Site.
  • Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the services offered on the Site.
  • Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
 
Any use of the Site or the Site Contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
 
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE WARRANT THAT THE PRODUCTS PROVIDED ON THE SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS, AT OUR SOLE DISCRETION, RETURN FOR REFUND OR A CONFORMING REPLACEMENT.
 
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
 
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.
 
REVIEWS, COMMENTS AND QUESTIONS
Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to inquires@kineticlens.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.
 
APPLICABLE LAW
By visiting the Site, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern this Terms of Use agreement and any dispute of any sort that might arise between you and us relating to this agreement. Any dispute relating in any way to your visit to or use of the Site shall be adjudicated in any state or federal court in Washoe County, Nevada, and you consent to exclusive jurisdiction and venue in such courts.
 
MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the Site. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. 
 
Credit Card Orders: Orders being paid for by a credit card will be charged when the order is placed to verify credit card information. Any declined card orders will be cancelled. Orders over $2,500 from customers without an established account of at least 6 months will be contacted for account verification.
 
Cancelled Orders: Orders may not be cancelled anytime after production of the order begins.
 
Returned Checks: Returned or NSF checks will result in your account being placed on a credit card status only. A forty dollar ($40) service charge will be assessed for each returned check.
 
RISK OF LOSS
All products purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
 
Claims: If damage has occurred and you feel that it was due to mishandling by the freight carrier, please contact Customer Service at inquiries@kineticlens.com to advise immediately. You must email us within 48 hours of receipt of packages to report a claim. We will then file a claim with the carrier. Please keep all packaging until claim has been settled. 
 
Refused/Undeliverable Orders: Please do not refuse an order. Refused shipments are subject to a 25% restocking fee and freight charges will not be refunded. 
 
Shipping: All orders are shipped via UPS, Fed Ex, and/or, USPS. Orders requiring LTL shipping and/or require lift-gate delivery, inside delivery, residential delivery, or that include Oversize Frames may be subject to additional freight costs.
 
Final Sale: All sales of goods and/or services shall be final and payment in full shall be in accordance with all other terms, conditions, and agreements included on this page. No transaction shall be construed to be a consignment of said goods and/or services.