The FGX International website is offered to you conditioned on your acceptance without modification of the terms and conditions contained herein. Your use of the FGX International website constitutes your acceptance of and agreement to be bound by the terms and conditions contained herein. These terms and conditions may be changed from time to time and your use of the site following any such changes shall confirm your agreement to be bound by the terms as modified.

MODIFICATION OF THESE TERMS OF USE

FGX International reserves the right to change the terms and conditions under which the FGX International website is offered.

LINKS TO THIRD PARTY SITES

The FGX International website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FGX International and FGX International is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FGX International is not responsible for webcasting or any other form of transmission received from any Linked Site. FGX International is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FGX International of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the FGX International website, you warrant to FGX International that you will not use the FGX International website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FGX International website in any manner which could damage, disable, overburden, or impair the FGX International website or interfere with any other party’s use or enjoyment of the website. You may not obtain or attempt to obtain any materials not intentionally made available or provided on the website.

USE OF COMMUNICATION SERVICES

The FGX International website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. FGX International has no obligation to monitor the Communication Services. However, FGX International reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FGX International reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

FGX International reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FGX International’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children to or through a Communication Service. FGX International does not control or endorse the content, messages or information found in any Communication Service and, therefore, FGX International specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FGX International spokespersons, and their views do not necessarily reflect those of FGX International.

MATERIALS PROVIDED TO FGX INTERNATIONAL

Any materials you provide to FGX International (including feedback and suggestions) or post, upload, input or submit to the FGX International website (collectively “Submissions“) shall be and remain the property of FGX International and its affiliates. FGX International is under no obligation to pay for or respond to Submissions provided by users.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

REVISIONS

FGX International or its service provider may from time to time, make revisions to its website, and reserves the right to do so without recourse from any user.

LIABILITY DISCLAIMER

THE CONTENTS OF THE FGX INTERNATIONAL WEBSITE ARE PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND OR NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU USE FGX INTERNATIONAL’S WEBSITE AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSIBILITY. NEITHER FGX INTERNATIONAL NOR ITS AFFILIATES SHALL BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE FGX INTERNATIONAL WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FGX INTERNATIONAL WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FGX INTERNATIONAL WEBSITE.

SERVICE CONTACT

crinfo@fgxi.com

TERMINATION/ACCESS RESTRICTION

FGX International reserves the right, in its sole discretion, to terminate your access to the FGX International website and the related services or any portion thereof at any time, without notice.

GENERAL

This agreement shall be construed in accordance with the laws of the state of Delaware without regard to any conflict of law provision. Any dispute arising under this agreement or relating to the use of the FGX International website shall be subject to the exclusive jurisdiction of any state or federal court located in Providence County, Rhode Island. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and FGX International with respect to the FGX International website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FGX International with respect to the FGX International website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

CONTENT

All of the content on FGX International’s website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned or controlled by FGX International and its affiliates. You may not copy, reproduce, publish transmit, or otherwise use any copyrighted or trademarked materials present on this website. FGX International shall retain all rights in and to its copyrights, trademarks, trade names, brand names, and trade dress depicted on this site