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.
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". 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.
Last modified: February 1, 2011