These Terms of Use apply to all access and use of websites, mobile sites, microsites, and mobile applications that are operated or controlled by Maui Jim, Inc. and its affiliated entities, including Maui Jim USA, Inc. By accessing or using any part of the Website, you agree that you have read, understood, and accepted these Terms, and that your continued use of the platform is conditioned on compliance with them.
All materials displayed or made available through the Website, including but not limited to text, photographs, graphics, illustrations, video and audio content, icons, product data, advertising content, scripts, and underlying code, are owned by Maui Jim or its licensors and are protected under applicable intellectual property laws. Users are granted a restricted, non-transferable, non-exclusive license to view and access the Website solely for personal and non-commercial use. Any copying, modification, reproduction, republication, distribution, transmission, or exploitation of Website content without prior written authorization is strictly prohibited.
All trademarks, service marks, logos, trade dress, and brand identifiers appearing on the Website remain the exclusive property of Maui Jim or their respective owners. No right or license to use any such marks is granted unless expressly authorized in writing. Any unauthorized use may violate intellectual property laws and result in legal action.
The Website may contain links to third-party websites or services for user convenience. These external resources are not controlled or operated by Maui Jim, and inclusion of such links does not imply endorsement or responsibility for their content, accuracy, policies, or practices. Users access third-party websites entirely at their own risk.
Certain features of the Website may require users to provide personal information such as contact details, billing data, shipping information, or payment credentials. By submitting such information, users agree that it may be collected, processed, stored, and used in accordance with the applicable Privacy Policy. Payment processing may be handled by third-party service providers, and Maui Jim is not responsible for the privacy practices, security measures, or policies of those external processors. Users are also responsible for complying with any additional terms imposed by such third-party services.
Users may be permitted to submit content, including images, videos, or other materials, through certain features of the Website. While users retain ownership of their submitted content, they grant Maui Jim a worldwide, perpetual, non-exclusive, royalty-free license to use, reproduce, display, modify, distribute, and otherwise utilize such content for operational, promotional, or commercial purposes as permitted by law. Users are solely responsible for ensuring that any submitted content does not infringe on the rights of third parties and complies with applicable laws and these Terms. Maui Jim reserves the right to remove or restrict access to any content deemed inappropriate, unlawful, or in violation of these Terms.
The Website and all related services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. To the fullest extent permitted by law, Maui Jim disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability. Users assume full responsibility for their use of the Website and any associated risks.
To the maximum extent permitted by applicable law, Maui Jim shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to access to or use of the Website, including loss of data, profits, or business opportunities. In all cases, liability shall be limited to the extent permitted under law and shall not exceed the amount paid, if any, for the specific product or service giving rise to the claim.
Users agree to indemnify and hold harmless Maui Jim, its affiliates, employees, officers, and agents from and against any claims, liabilities, damages, losses, or expenses arising from their use of the Website, violation of these Terms, or submission of user-generated content.
Maui Jim reserves the right to modify, suspend, or discontinue any aspect of the Website at any time without prior notice. These Terms may also be updated periodically, and continued use of the Website following any changes constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles. Any disputes arising under or relating to these Terms shall be resolved in the state or federal courts located in Peoria, Illinois, and users consent to such jurisdiction and venue.
Users acknowledge that certain disputes may be subject to binding arbitration under the Federal Arbitration Act, including claims related to interactive features such as virtual try-on tools or SMS messaging services. Users may waive rights to participate in class actions or jury trials where permitted by law. SMS communications may be subject to consent requirements, and users may opt out at any time by replying “STOP,” with standard messaging rates applying.
For copyright infringement claims under the Digital Millennium Copyright Act (DMCA), users may submit proper notices to the designated agent of Maui Jim with sufficient detail to process such requests. All legal, copyright, or service-related inquiries may be directed to officialmauijim@outlook.com.