Terms and Conditions of Use of the Eclipse Glasses
Please carefully read these Terms and Conditions before purchasing or using solareyewear.ca products. By purchasing and using our solar eclipse glasses, you expressly agree to the following terms below. Solareyewear.ca has compiled a list of safety instructions (provided here) from various sources to be followed completely and precisely. The undamaged and unmodified eclipse glasses have been proven to be safe and effective in allowing direct, short-term viewing of the sun by the Manufacture, American Paper Optics and are intended to for use by individuals aged 18 and above. If you do not understand these Instructions or cannot follow them diligently and completely, then you should not look at the Sun at any time, with or without the Eclipse Glasses.
Observing the sun directly, without the use of eclipse glasses, can cause serious personal injury, including permanent eye damage and blindness. It is crucial to follow the safety instructions provided by solareyewear.ca to ensure the safe and effective use of eclipse glasses. Failure to follow these instructions or using damaged or modified glasses can result in permanent eye damage and/or blindness.
The term “eclipse glasses” refers to the special cardboard and polymer lens filter. Solareyewear.ca procures these eclipse glasses directly from the manufacturer, American Paper Optics of Barlett Tennessee, USA.
1. Assumption of Risk: You acknowledge and understand that the use of solar eclipse glasses involves inherent risks associated with observing the Sun. These risks include potential eye damage, even when proper safety precautions are followed. By purchasing, and/or using these glasses you agree to follow and read the safety instructions. If you are uncomfortable with any of the instructions, you should not use the glasses. You understand and accept the risk associated with any improper use of the Eclipse Glasses. You accept full responsibility for, and assume all risks associated with, the act of using the Eclipse Glasses.
2. Limited Liability: Solareyewear.ca, its affiliates, officers, directors, employees, and agents shall not be liable for any damages, injuries, losses, or claims arising from the use or misuse of our products. This includes, but is not limited to, any direct, indirect, incidental, special, or consequential damages, even if caused by the negligence of solareyewear.ca.
You agree that if you allow others to use the Eclipse Glasses, you will provide a copy of the safety instructions (provided here) and will make sure that each user understands the instructions and risks before using the Eclipse Glasses. By doing so, you help promote safe viewing practices and prevent potential harm.
3. Release and Indemnification: By purchasing and using our solar eclipse glasses, you hereby release, discharge, and hold harmless solareyewear.ca from any and all claims, demands, actions, causes of action, liabilities, and expenses, including attorney's fees, arising out of or related to the use of our products.
4. No Warranty: solareyewear.ca provides solar eclipse glasses "as is" without any warranties, express or implied. We make no representations or warranties regarding the suitability, accuracy, or safety of our products for solar viewing. The eclipse glasses are fragile and any damage or modification will render them immediately and permanently unusable for their intended purpose.
5. Compliance with Instructions: You agree to use our solar eclipse glasses strictly in accordance with the provided instructions, guidelines, and safety recommendations. Failure to do so may increase the risk of eye damage. You should never look at the Sun with or without the Eclipse Glasses if you have any temporary or permanent medical or other conditions which prevents your use of the Eclipse Glasses according to our Safety instructions (provided here).
6. Professional Advice: Our products are not a substitute for professional eye care advice. You are advised to consult with a qualified eye care professional before using our solar eclipse glasses, especially if you have pre-existing eye conditions.
7. Not for Prolonged Use: You agree to indemnify, defend, and hold solareyewear.ca harmless from any claims, damages, liabilities, or expenses arising from your use of our products or any violation of these Terms and Conditions. Do not use glasses continuously for longer than three (3) minutes at a time. Allow eyes to rest between the three (3) minute viewing sessions.
8. Indemnity and Defense: You agree to indemnify, defend, and hold solareyewear.ca harmless from any claims, damages, liabilities, or expenses arising from your use of our products or any violation of these Terms and Conditions, regardless if you were the original purchaser or a user.
9. Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada Any disputes arising from or related to the use of our products shall be subject to the exclusive jurisdiction of the courts in Ontario, Canada.
10. Changes to Terms and Conditions: solareyewear.ca reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting.
12. Translations: Translations provided on the website and product, Eclipse Glasses as provided “As-Is” and solely for the convivence of the reader. The English version shall control in all circumstances where a translation introduces ambiguity, inconsistency, or different or specialized meaning.
11. Entire Agreement: These Terms and Conditions constitute the entire agreement between you and solareyewear.ca regarding the use of our solar eclipse glasses and supersede all prior agreements, understandings, and representations.
By purchasing and using our solar eclipse glasses, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with any part of these terms, please refrain from purchasing or using our products.
Release of Limitation of Responsibility.
By purchasing Eclipse Glasses, you are hereby discharging, safeguarding, and exempting the creator and vendor from all accountability, detriment, assertion, and expenditure (comprising legal counsel expenses), encompassing, yet not confined to, physical injury or alternative individual detriment that might arise from utilizing the Eclipse Glasses within any situation or context, irrespective of jurisdiction. Neither the Creator nor the Vendor shall be held liable for any type of harm, regardless of grounds, circumstances, or conditions, even if the Eclipse Glasses malfunctions. All hazards affiliated with employing Eclipse Glasses lie exclusively and wholly with the user, whether the original purchaser or any third party. You completely comprehend and accept the hazards associated with using the Eclipse Glasses. You validate that you have perused this exoneration of accountability, grasp its conditions completely, and acknowledge that you have relinquished substantial entitlements by procuring and utilizing the Eclipse Glasses.
The Manufacturer and Seller (solareyewear.ca) of the Eclipse Glasses make no warranty of any kind, whether clearly or implicitly, regarding the Eclipse Glasses, including, although not limited to, the implied warranties of merchantability, fitness for a particular use, and non-violation. Neither the Creator nor the Vendor shall be accountable for any impairments, comprehending yet not limited to direct, indirect, incidental, distinct, repercussive, or exemplary impairements, where thought a contractual action or delinquency, including negligence and unmitigated liability, such as although not limited to, the decimation of a foreseen gains or benefits arising from, connected to, or associated with the usage or provision of the Eclipse Glasses or the execution, usage or impossibility of usage thereof, even if the Creator or Vendor has been alerted to the potential of such impairments
Understanding and adhering to the legal terms and conditions for using solar eclipse glasses is crucial for your safety and the safety of others. By following the provided safety instructions, using the glasses exclusively for solar eclipse viewing, and assuming personal responsibility, you can enjoy the awe-inspiring phenomenon of a solar eclipse while protecting your eyes from potential harm.
Remember, the sun is a powerful and potentially dangerous force, and it is our responsibility to view it safely. Enjoy the wonders of a solar eclipse with the peace of mind that comes from using certified and properly used solar eclipse glasses.