Introduction
Welcome to the Urumqi® Glasses, Night Driving Glasses, Sunglasses website (the “Site”). This Site is owned and operated by Urumqi Eyewear LLC (“Urumqi,” “we” or “us”).
These Terms and Conditions (“Terms”) set forth the rules and conditions governing your use of and access to our Site.
By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Site.
We may revise these Terms from time to time in our sole discretion. If we make any material changes, we will notify you by email or by posting a notice on the Site prior to the changes becoming effective. By continuing to access or use our Site after any revisions come into effect, you agree to be bound by the revised Terms.
These Terms were last updated on March 1, 2023.
Use of Site
You must be at least 18 years old to use our Site. By agreeing to these Terms, you represent and warrant that: (i) you are at least 18 years old; (ii) you have not previously been suspended or removed from the Site; and (iii) your registration and your use of the Site is in compliance with all applicable laws and regulations.
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited and revocable license to access and use our Site for your own personal, non-commercial purposes. You may not use our Site for any other purpose, including commercial purposes, without our prior written consent.
Prohibited Activities. You agree not to do any of the following:
- Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates any applicable law, statute, ordinance or regulation; (iii) is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive, as determined by Urumqi in its sole discretion; (iv) is false or misleading; or (v) would constitute or encourage a criminal offense or violate any applicable law, as determined by Urumqi in its sole discretion.
- Use, display, mirror or frame the Site, or any portion thereof, on any other website or internet-enabled device without Urumqi’s prior written consent.
- Systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar.
- Use our Site other than for their intended purposes.
- Circumvent, disable or otherwise interfere with any security-related features of our Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of our Site.
- Engage in unauthorized framing of or linking to our Site.
- Trick, defraud or mislead us, our users and any other third party.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of our Site, such as using scripts to send comments or messages or using any data mining or similar data gathering and extraction tools.
- Interfere with the proper working of our Site or impose an unreasonable or disproportionately large load on our infrastructure.
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any content from our Site without our prior express written permission.
User Content. If you post, upload, input, provide or submit your personal data to us, including your name, email address, IP address, or other identifier (“User Content”), you grant Urumqi a perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free and worldwide license to use, store, copy, modify, create derivative works from, distribute, publicly display or perform, translate, and otherwise exploit your User Content, in all media now known or hereafter devised, without any obligation to you. If you believe that any User Content infringes on your intellectual property rights, please follow our Complaint Procedure outlined below.
Complaint Procedure. If you believe that any content on our Site violates your intellectual property rights or other rights, please notify us at [email protected].
Orders and Payment Terms
You agree to pay the prices displayed at the time that you purchase a product or service. All prices are displayed in U.S. dollars and must be paid in U.S. dollars.
We reserve the right to correct, cancel or revoke any erroneous order at any time prior to delivery. We may cancel any order if we suspect it is fraudulent or violates applicable laws. If your method of payment is declined or your payment is fraudulent, your order may be cancelled.
Shipping and Delivery. We will ship your order according to our Shipping Policy. We are not liable for any delays in shipping.
Returns and Refunds. Please review our Returns and Refunds Policy.
Intellectual Property Rights
Site Content. The content on our Site, including logos, data, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services (“Site Content”) and the trademarks, service marks and logos contained therein (“Marks”), is owned by or licensed to Urumqi, and is protected by copyright and other intellectual property rights under United States and foreign laws and international conventions.
Site Content is provided to you “as is” for your personal, non-commercial use only. You may download, print and store selected portions of the Site Content solely for these permitted uses, provided you do not modify the Site Content and you retain all copyright and other proprietary notices contained in the Site Content. You may not otherwise copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any Site Content for any other purposes without our prior written consent.
You agree not to engage in the use, copying or distribution of any Site Content other than as expressly permitted in these Terms. If you download or print any Site Content for personal, non-commercial use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security-related features of our Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of our Site.
Trademarks. The Urumqi name and logo and all related product names, design marks, slogans and logos are our trademarks and/or service marks. All other company and product names, logos, slogans and designs mentioned on the Site are the trademarks and/or service marks of their respective owners. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark.
Feedback. Any questions, comments, suggestions, ideas, notes, drawings, concepts or other information that you submit to us through the Site (collectively, “Feedback”) will be considered non-confidential and non-proprietary. By submitting Feedback to us, you assign all worldwide right, title and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever.
Disclaimers
Content Disclaimer. Our Site may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Urumqi. We do not endorse or assume any responsibility for any such third party sites, information, materials, products, services or activities. If you access any third party website, service, content, feature or event, you do so at your own risk and you agree that Urumqi will have no liability arising from your use of or access to any third party website, content, feature or event.
No Medical or Legal Advice. The content on our Site is provided solely for informational purposes. The content is not intended to be a substitute for professional medical or legal advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our Site.
Disclaimer of Warranties. YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. OUR SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, URUMQI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. URUMQI DOES NOT WARRANT THAT OUR SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE OUR SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL URUMQI BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE OR ANY CONTENT, SERVICES OR FEATURES AVAILABLE ON OR THROUGH OUR SITE, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION AND EVEN IF URUMQI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF URUMQI FOR ALL CLAIMS RELATING TO THE SITE OR THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES, SHALL NOT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You will indemnify, defend and hold harmless Urumqi and its officers, directors, shareholders, employees, representatives and agents, from and against any claims, demands, losses, damages, judgments, settlements or expenses (including reasonable attorneys’ fees) that arise out of or relate to: (i) your use of or activities in connection with our Site; (ii) any User Content you provide; (iii) your violation of these Terms; or (iv) your violation of any rights of any third party.
Modifications and Termination
We reserve the right, in our sole discretion, to:
- Modify, update, revise or discontinue all or part of our Site.
- Change, amend or modify these Terms at any time. Your continued use of our Site constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop using our Site.
- Suspend or terminate your access to all or part of our Site.
- Block, restrict, disable, suspend or terminate any user’s access to all or part of the Site, without notice or liability to you.
If we elect to modify, update, revise or discontinue our Site, where reasonably possible and practical, we will post a notice advising users of the change. However, we do not undertake any obligation to update or revise Site Content. Your continued use of our Site constitutes your acceptance of any amendments to these Terms and revised Site Content.
Governing Law and Disputes
These Terms are governed by the laws of the State of Tennessee, without regard to conflict of law principles. Any dispute arising from or relating to your use of the Site will be subject to the exclusive jurisdiction of the state and federal courts located in Nashville, Tennessee. You consent to personal jurisdiction and venue in these courts.
Any cause of action arising out of or related to these Terms or our Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Contact Us
If you have any questions about our Site or these Terms, please contact us at:
Urumqi Eyewear LLC
999 Broadway
Nashville, TN 37203
Email: [email protected]
Additional Terms
Entire Agreement. These Terms constitute the entire agreement between you and Urumqi relating to their subject matter and supersede any and all prior or contemporaneous understandings, representations, warranties, conditions or other communications between you and Urumqi, whether oral or written.
No Waiver. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision. No waiver by us shall be effective unless made in writing and signed by our authorized representative.
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior consent. We reserve the right to freely assign or transfer these Terms and our rights and obligations under these Terms.
Severability. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable in any jurisdiction, such provision will be deemed modified to the minimum extent necessary so that such provision, as so modified, may be enforced to the maximum extent permitted by applicable law, and such invalidity or unenforceability will not affect the validity or enforceability of any other provision of these Terms or the validity or enforceability of such provision in any other jurisdiction.
Headings. Headings used in these Terms are for reference purposes only and shall not be deemed a part of these Terms.
Thank you for reading our Terms and Conditions. We hope you enjoy using our Site!