Welcome to the Nouveau Eyewear website (this "Site").
Nouveau Eyewear, Inc. ("Nouveau") maintains this Site to provide general information about NOUVEAU and its products and services. You may use this Site, provided you comply with these Terms of Use.
PLEASE REVIEW THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.
These Terms of Use May Change
We are continually improving and adding new functionality and features to this Site. These ongoing improvements or changes in the law may require changes to these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time without prior notice. We will do so by posting an updated or modified version of these Terms of Use on this Site. Your use of this Site following any such change constitutes your agreement to follow and be bound by the revised Terms of Use. For this reason, we encourage you to review these Terms of Use regularly.
You many review these Terms of Use at any time by clicking on the button marked "Terms of Use" at the bottom of each page of this Site. These Terms of Use were last revised on October 1, 2009.
Links to Other Company Sites
NOUVEAU operates several Internet and extranet sites offering products, services, content and other features. This Site contains hyperlinks to other sites operated by NOUVEAU. The use of each site is subject to the terms of use and other legal notices published on that site. The terms of use and legal notices vary from site to site. Before using another NOUVEAU site, take a few minutes to review the Terms of Use and other legal notices posted on that site.
Links to Third-Party Sites
This Site may contain hyperlinks to sites that are not operated by NOUVEAU. These hyperlinks are provided for the Customer's reference and convenience only, and do not imply any endorsement of the material on these third-party sites nor any endorsement of their operators. We do not control these sites and are not responsible for the privacy practices, security or content of any of these sites. The Customer may access and use these sites solely at the Customer's own risk.
Ownership of this Site
As between you and NOUVEAU, NOUVEAU owns and shall own all right, title and interest in and to the intellectual property, including, without limitation, all copyright, patent, trademark, trade secret or other proprietary rights, whether now existing or as may come into existence, embodied in or associated with this Site, including without limitation the content and trademarks displayed on this Site.
Copyright Notice and Limited License
Everything you see and hear on this Site (the "Content"), including, for example, all of the text, photographs, illustrations, graphics, audio clips, video clips and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by NOUVEAU or by third parties who have licensed their materials to NOUVEAU. The entire Content of this Site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties, and NOUVEAU owns the copyright in the selection, coordination, arrangement and enhancement of the Content.
The Customer may download, store, print and copy selected portions of the Content of this Site, provided the Customer:
Except as expressly stated above, the Customer may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this Site without first obtaining written permission from NOUVEAU. This non-exclusive, limited license terminates automatically if the Customer breaches any of the terms of this license or these Terms of Use. Upon the termination of this license, the Customer must destroy any materials the Customer downloaded from this Site.
Except as expressly stated above, nothing contained in these Terms of Use or on this Site shall be construed as conferring a license, be it by implication, estoppel or otherwise, or any intellectual property right in or to the Content.
Trademark Notice
All of the trademarks, service marks and logos displayed on this Site (the "Trademark(s)") are registered or unregistered trademarks of NOUVEAU or third parties who have licensed their Trademarks to NOUVEAU. Nothing contained in these Terms of Use or on this Site shall be construed as conferring a license, be it by implication, estoppel or otherwise, or any other right in or to the Trademarks.
A partial list of NOUVEAU's registered trademarks include: Nouveau Eyewear¨, Caravaggio¨, EyeMax¨, FlexPads¨, Visage¨, Wide Angle¨, Via Milano, Flex Max¨, Fleur de Lis¨ and Fadz¨.
Unsolicited Ideas
We welcome your comments and feedback regarding this Site. All information and materials submitted to us through this Site, such as any comments, feedback, ideas, questions, data or the like, will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials you do not wish to assign to us, including, for example, any confidential information or any original creative materials such as product ideas, computer code or original artwork
By submitting communications and/or materials to us through this Site, you assign to us, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information and/or materials. We will be entitled to use, make, reproduce, disclose, distribute, perform, display, create derivative works of and reduce to practice any information or materials submitted through this Site, and any ideas, concepts, know-how or techniques contained in any such information or materials, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information or materials, without restriction and without compensating you in any way. However, we will not use any information or materials submitted through this Site in a way that violates applicable privacy laws.
You are responsible for the information and other content contained in any communications you submit through this Site, including, without limitation, their truthfulness and accuracy.
Summary of Information
Descriptions of documents filed with the U.S. Securities and Exchange Commission, references to employment practices or policies or other information may be excerpts or summaries and may not be comprehensive, definitive or current. All references to the specified documents are qualified in their entirety by reference to the full documents.
Product Information
The descriptions of products and other product information published on this Site may contain inaccuracies or errors. We do not warrant or represent that all of the information published on this Site is current, accurate or complete.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply endorsement, sponsorship or recommendation by NOUVEAU.
DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, NOUVEAU, FOR ITSELF, ITS AFFILIATES, AND ANY THIRD PARTY PROVIDING SERVICES OR CONTENT TO THIS SITE, DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THIS SITE AND ANY SITE TO WHICH IT LINKS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NOUVEAU DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. NOUVEAU DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. INFORMATION PUBLISHED ON THIS SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NOUVEAU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS SITE OR ANY INFORMATION PUBLISHED ON THIS SITE.
CERTAIN JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES, SO ONE OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ABSENT A SEPARATE, EXPRESS AND DULY EXECUTED AGREEMENT BETWEEN YOU AND NOUVEAU, UNDER NO CIRCUMSTANCES SHALL NOUVEAU OR ITS AFFILIATES, OR ANY DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF NOUVEAU OR ITS AFFILIATES, OR ANY THIRD PARTIES THAT PROVIDE SERVICES OR CONTENT IN CONNECTION WITH THIS SITE, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE. WITHOUT LIMITING THE FOREGOING, NOUVEAU AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY FOR POSSIBLE ERRORS OR OMISSIONS IN THE CONTENTS OF THIS SITE; THIS APPLIES IN PARTICULAR TO ANY REFERENCES TO AND DESCRIPTIONS OF PRODUCTS AND SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF NOUVEAU OR ONE OF ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Right to Change Site
NOUVEAU reserves the right to alter the content and functionality of this Site in any way, to limit access to this Site, or to shut down this Site, at any time, for any reason, without notice, and will not be liable to you in any way for possible consequences of such changes.
Entire Agreement
These Terms of Use constitute the entire agreement between you and NOUVEAU with respect to your access to and/or use of this Site.
Questions Regarding These Terms of Use
Any questions regarding these Terms of Use or any other legal issue may be directed to Nouveau Eyewear, Inc. at the following address:
Teri Fittz
Nouveau Eyewear, Inc.
2853 Eisenhower Street
Carrollton, Texas 75007
Or you may submit your questions or comments by e-mail to [email protected].