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Conditions of Use

READ CAREFULLY. This Terms and Conditions of Use Agreement ("Terms and Conditions of Use") applies to use of the swissinvis.com website located at http://www.swissinvis.com (the "Site")by the person or persons registering on the Site as customers ("You"). The Site is the property of Invis (North America), Inc. ("INVIS") (together with its affiliated companies, including without limitation, Lamello AG, Switzerland. Before YOU make any purchases, YOU must first establish a customer account ("My Account"). BY CHECKING THE CHECKBOX "I have read and agree to Your Terms and Conditions of Use," YOU AGREE TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX AND DO NOT USE THE SITE.

INVIS reserves the right, at its sole discretion, to change, add or remove portions of this Terms and Conditions of Use, at any time. It is Your responsibility to check this Terms and Conditions of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. You agree that all subsequent purchases by You will be subject to the terms and conditions of this Terms and Conditions of Use, which shall apply until we post a modified Terms and Conditions of Use and then in accordance with such modified Terms and Conditions of Use. As long as You comply with this Terms and Conditions of Use and any such modifications, INVIS grants You ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

1. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to INVIS, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms and Conditions of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without INVIS's prior express written consent. Except as expressly provided herein, You are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and INVIS reserves all rights not expressly granted hereunder. INVIS expressly disclaims all responsibility and liability for uses by You of any Content obtained on or in connection with the Site.

INVIS and LAMELLO are registered trademarks, trademarks or service marks of INVIS. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of INVIS. All other trademarks or service marks are property of their respective owners. The use of any INVIS trademark or service mark without INVIS's express written consent is strictly prohibited.

2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require You to first open a My Account. You are responsible for maintaining the confidentiality of Your My Account information, including Your password, and for all activity that occurs under Your account. You agree to notify INVIS immediately of any unauthorized use of Your account or password, or any other breach of security. You may be held liable for losses incurred by INVIS or any other user of the Site due to someone else using Your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should You attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then Your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about Yourself and Your billing information as prompted by the registration process. You may update any of Your My Account information, designate a different credit card to be billed, or change the applicable expiration date on Your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

You also agree that INVIS may, in its sole discretion and without prior notice to You, terminate Your access to the Site and Your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms and Conditions of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that INVIS will not be liable to You or to any third party for termination of Your access to the Site.

3. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, (click here to view), You must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, You represent that You have first read our Privacy Policy and consent to the collection, use and disclosure of Your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, You agree that You will first review our Privacy Policy prior to making any initial or subsequent purchases.

While INVIS takes reasonable steps to safeguard and to prevent unauthorized access to Your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to Your private information. IN NO EVENT SHALL INVIS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER INVIS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

4. Conditions and Terms of Sale. To purchase any goods and/or services on our Site, You must (a) be at least eighteen (18) years of age or the applicable state age of majority, and (b) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States") or Canada. Prior to the purchase of any goods or services on our Site, You must provide us with a valid Method of Payment as further outlined below and Your correct shipping address. If nothing to the contrary is indicated in our order confirmation, terms of delivery are FOB Irvine, California. All sales of products and services are made in accordance with the Uniform Commercial Code of California and are final. All charges from those sales are nonrefundable.

5. Methods of Payment, Credit Card Terms and Taxes. Unless otherwise agreed by INVIS in writing before placing an order, all order received on our Site are considered to be placed with payment terms "prepaid&quot. Therefore, Payments must be made by either credit card, check, money order before your order is shipped.
(a)Payment by Credit Cards. We currently accept VISA, MasterCard, or American Express. To make a credit card payment, all payment information needs to be submitted at the time You place Your order, including all of the following: (i) Your name as it appears on the card, (ii) Your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge Your card. By submitting that information to us, You hereby agree that You authorize us to charge Your card at our convenience but within thirty (30) days of credit card authorization. Your card issuer agreement governs Your use of Your designated card, and You must refer to that agreement and not this Terms and Conditions of Use to determine Your rights and liabilities as a cardholder. YOU, AND NOT INVIS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless You notify INVIS of any discrepancies within sixty (60) days after they first appear on Your credit card statement, You agree that they will be deemed accepted by You for all purposes. If INVIS does not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon demand by INVIS or its agents.
(b)Payment by Check or Money Order .
If You select to make payment by other means than credit card, Your shipment will only be released after Your payment posts to our bank account, unless we have otherwise agreed with You on different terms and established an open account with You. If You do not have an open account with INVIS it may take up to two weeks to clear Your payment. All checks and money orders must be drawn on a bank within the United States and made payable in US Dollars. Make Your checks payable to Invis (North America), Inc. and mail them to the address given upon our confimation of Your order. Returned checks are subject to a $30 processing charge in addition to any fees levied by our bank. Payment on returned checks will be fully enforced.
(c)Taxes
You are responsible for paying any governmental taxes imposed on Your purchases, including, but not limited to, sales, use or value-added taxes. INVIS shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required.

6. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of Your order, nor does it constitute confirmation of our offer to sell. INVIS reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. INVIS further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. Your order will be deemed accepted by INVIS upon our delivery of products or services that You have ordered, All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

7. No Responsibility To Sell Mispriced Products Or Services. INVIS shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. INVIS shall have 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 canceled, INVIS shall immediately issue a credit to Your credit card account in the amount of the charge.

8. Modifications to Prices or Billing Terms. INVIS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE

9. Indemnification. You agree to indemnify and hold harmless INVIS and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to Your violation of this Terms and Conditions of Use, or Your violation of any law, regulation or third-party right.

10. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, AND INFORMATION ARE PROVIDED "AS IS." ALL OF INVIS'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED, INVIS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE INVIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, OR CORRESPONDENCE TO DESCRIPTION.

11. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL INVIS OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS AND CONDITIONS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT, WITH THE DELAY OR INABILITY TO USE THE INVIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE INVIS SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF INVIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT INVIS SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO INVIS BY END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF INVIS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS AND CONDITIONS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

12. General. No delay or failure to take action under this Terms and Conditions of Use shall constitute any waiver by INVIS of any provision of this Terms of Use. If any provision of this Terms and Conditions of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms and Conditions of Use will continue in full force and effect. This Terms and Conditions of Use will bind and inure to the benefit of INVIS's permitted successors and assigns. Any claim under these Terms and Conditions of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Orange County, in the State of California. This Terms and Conditions of Use is personal to You and may not be transferred, assigned or delegated to anyone. Any attempt by You to assign, transfer or delegate this Terms and Conditions of Use shall be null and void. INVIS may freely assign this Terms and Conditions of Use without consent or notice.

Last modified: February 1, 2011

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