Any person accessing this site agrees to the following:
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Night Goggles, Inc.. The collective work includes works that are licensed to Night Goggles, Inc.. Copyright 2015, Night Goggles, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Night Goggles, Inc. or purchasing Night Goggles, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Night Goggles, Inc. or to purchase Night Goggles, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Night Goggles, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Warranty Disclaimer
Factory Warranty information is provided, where applicable, for individual products in their item descriptions listed on the site. Night Goggles, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Night Goggles, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Night Goggles, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Night Goggles, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Trademarks
All trademarks, service marks and trade names of Night Goggles, Inc. used in the site are trademarks or registered trademarks of Night Goggles, Inc.
Typographical Errors
In the event that a Night Goggles, Inc. product is mistakenly listed at an incorrect price, Night Goggles, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Night Goggles, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Night Goggles, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Night Goggles, Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Night Goggles, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Night Goggles, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Night Goggles, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Indemnification
You agree to indemnify, defend, and hold harmless Night Goggles, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Night Goggles, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Night Goggles, Inc., Night Goggles, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Night Goggles, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Night Goggles, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Night Goggles, Inc. does not sell or make public availability of its customers, sales, or any other transactions to a 3rd party. Period.
