Terms of Use | Rivet & Sway
(888) 900-4522 My Account Sign In Cart [0]

Rivet & Sway Website Terms of Use

Last Updated: 10/24/2011

Thank you for visiting this website located at www.rivetandsway.com (the “Site”), which is operated by Project SeezIt, Inc., d/b/a Rivet & Sway (“Rivet & Sway”, “we,” or “us”). The use of the Site is subject to the following terms and conditions (the “Terms of Use”). Please read these Terms of Use carefully. By accessing, browsing or otherwise using this Site, you agree to these Terms of Use, without limitation or qualification for the duration of your use of the Site. In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into these Terms of Use by this reference. We reserve the right to change this Site and these Terms of Use at any time. If you do not agree to these Terms of Use, you should exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site.
 

Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information that you can view at www.rivetandsway.com/privacy.
 

Electronic Communications

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.  If you wish to opt-out of any communications, please follow the procedures set forth in our Privacy Policy that you can view at www.rivetandsway.com/privacy.
 

Copyright

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 service@rivetandsway.com. 
 

Trademarks

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.
 

Submissions

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.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by Rivet & Sway or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Rivet & Sway is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

You agree to fully indemnify Rivet & Sway, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of these Terms of Use, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.
 

Monitoring

Rivet & Sway has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Rivet & Sway has no obligation to display or post any content. Rivet & Sway, subject to the Privacy Policy referenced above, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Rivet & Sway shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Rivet & Sway or any other party.
 

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:

  1. 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;
  2. 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;
  3. Your address, telephone number, and e-mail address;
  4. 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;
  5. 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
  6. 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. 

 

DISCLAIMER

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.
 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS RIVET & SWAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM: (1) YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITE; (2) ANY USE OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; OR (3) ANY VIOLATION BY YOU OF: (A) THESE TERMS OF USE; (B) RIVET & SWAY’S PRIVACY POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SITE; (D) ANY RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS.
 

Termination

Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.

 

Governing Law

These Terms of Use and the relationship between you and Rivet & Sway shall be governed by the laws of the State of Washington as if you signed these Terms of Use in Washington. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for King County, Washington for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms of Use.
 

Software

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.
 

Revisions

From time to time we review these Terms of Use to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time. You will know if these Terms of use have been revised since your last visit to the website by referring to the “Last Updated” date at the top of this page. Your use of our website constitutes your acceptance of the terms of these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms. 
 

General

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.  Except as explicitly stated otherwise, any notices to Rivet & Sway shall be given by certified mail, postage prepaid and return receipt requested to , 2033 2nd Avenue, Suite 1404, Seattle, WA  98121, shall be deemed given 3 days after the date of mailing, and any notices to you may be given to you via the email address you provide to us and shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. If we give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us, notice shall be deemed given 3 days after the date of mailing. You agree that this Agreement and all incorporated agreements may be automatically assigned by us in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  These Terms of Use, including all terms incorporated by reference herein, constitute the entire agreement between the user and Rivet & Sway with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

subscribe to our newsletter
follow us:
© 2014 Rivet & Sway. All rights reserved.