Last Updated: 10/24/2011
Images of people, places and/or products posted on this Site are either the property of Rivet & Sway, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Rivet & Sway or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Rivet & Sway and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at firstname.lastname@example.org.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Rivet & Sway, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Rivet & Sway, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
Limited License and Site Access
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
Accounts, Forms, Registrations and Passwords
You represent and warrant that you are at least 18 years of age or are visiting the Site with the supervision of a parent or guardian, which person is responsible for your use of this Site. If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Rivet & Sway is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Rivet & Sway.
You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Rivet & Sway immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Rivet & Sway, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use of any portion of this Site at any time without notice to you.
Rivet & Sway is not responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
From time to time Rivet & Sway may make available on this Site bulletin boards, chat rooms, comment areas, forums, postings sections or similar communications facilities. In such instances, Rivet & Sway welcomes your comments regarding our products and services, including our Site. However, any notes, messages, postings, ideas, suggestions, or other material which you submit to Rivet & Sway must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
Any and all reviews, notes, messages, ideas, suggestions, or other material which you submit to Rivet & Sway will become, upon your submission, the sole and exclusive property of Rivet & Sway and Rivet & Sway shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you agree that Rivet & Sway has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Rivet & Sway. By submitting any materials of any kind to Rivet & Sway, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Rivet & Sway does not and will not violate or infringe the rights of any third-parties.
You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. Rivet & Sway does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of Rivet & Sway.
Digital Millennium Copyright Act
Rivet & Sway respects the intellectual property of others, and expects you to do the same. If you believe, in good faith, that any materials on the Site infringe upon your copyrights, please send the following information to Rivet & Sway’s Copyright Agent at Rivet & Sway, 2033 2nd Avenue, Suite 1404, Seattle, WA 98121; Attn: Copyright Agent:
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow us to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail address;
- 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;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Risk of Loss
All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Links to Other Websites
Please be aware that we make no claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of websites accessible from this Site, or websites linking to this Site.
Description of Services and Merchandise
We describe our merchandise and include pictures and photographs on our site, but sometimes the product varies slightly from the picture or description due to changes made by our manufacturers and we are not liable for these nonmaterial changes.
You represent that the prescription you provide us was provided to you by a registered medical practitioner or registered ophthalmic optician after an eye-sight test within the last 1 year. If you aren’t sure of your specific prescription, please consult a registered medical practitioner or registered ophthalmic optician prior to ordering from Rivet & Sway.
In order to make an order, you must be over 18 years old, and entitled to purchase prescription glasses, and must not order on behalf of someone under 18, and you must not be registered as blind, or partially sighted.
We are not liable for any incorrect information you may give us.
Try at Home Policy
You may choose any five (5) pairs of frames to try on at home for a twenty-one (21) day period (the “Trial Period”). Upon choosing such frames, we will pre-authorize a charge on your credit card using the credit card information you have provided to us ($0.33 per frame). So long as you return the frames within the Trial Period, any such pre-authorizations will disappear and your credit card will not be charged. If, after the Trial Period, you have not returned the frames to us, we will charge your credit card for the full amount of each pair of frames retained by you.
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIVET & SWAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY RIVET & SWAY OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, RIVET & SWAY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIVET & SWAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR RIVET & SWAY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RIVET & SWAY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.