Terms of Use

Welcome to the Diff Eyewear website and thank you for visiting. We ask that you review the following basic terms that govern the use of the site and the purchasing of products from our site. By using Diff’s website you agree to follow and be bound by these terms. These terms may be changed from time to time and your use of the site following any such changes shall confirm your agreement to follow and be bound by the terms as modified.

Content

All of the content on Diff’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 and controlled exclusively by Diff, LLC (“Diff”).  The contents of Diff’s website is intended for the personal non-commercial (aside from purchases by you from our site) used by visitors to the site. You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this site without prior written consent of Diff. This includes using Diff’s trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of gaining a higher ranking from search engines. Diff retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this site.

Marketing Communications

By signing up for email, text message and Facebook notifications, you agree to receive periodic recurring automated marketing messages from DIFF Eyewear at the cell number provided when signing up. Consent is not a condition of any purchase. Message & data rates may apply.

Disclaimer 

The Diff website, its content, and any associated services are provided by Diff on an “as is” and “as available” basis. Diff makes no representations or warranties of any kind, express or implied, as to the operation of its site, to the information, content, materials or products included on the site, or to the functionality of any services associated therewith. To the fullest extent permissible by applicable law, Diff disclaims any and all implied warranties, including but not limited to implied warranties of title, merchantability and fitness for a particular purpose, of workmanlike effort, of suitability, availability, accuracy, reliability, completeness or timeliness of content, or of non-infringement, as well as warranties arising through course of dealing or usage or trade. Further, Diff makes no representations or warranties that its site and/or its contents are accurate, complete, reliable, current or error-free, or that any disclosures on this site satisfy government regulations regarding the disclosure of information related to certain products. Diff is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this site.

By using the Diff website, you acknowledge that your use of the site, including your use of any and all associated content, data or software distributed by, downloaded or accessed from or through the site, and any associated services is solely at your own risk. Diff does not warrant or guarantee that its site, servers or e-mails sent by or on behalf of Diff are free of viruses, worms or other harmful components. Further, Diff does not guarantee the continuous, uninterrupted and error-free operation of its site, nor that all communications between you and Diff, or between you and any other user of the site, will be secure from access or interference by third parties.

Diff will not be liable for any damages of any kind arising from or otherwise related to your use of or inability to use its site or the associated services, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if Diff has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, Diff will not be liable for any damage to your computer, telecommunication equipment, or other property caused by or arising from your accessing or use of the site, or from your downloading of any materials from the site, or for any damages arising out of a third party’s unauthorized access to and use of your personal information stored on Diff’s computers and/or servers. In no event shall the aggregate liability of Diff, its parent, subsidiaries or affiliates — whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory — arising out of or relating to the use of Diff’s website exceed the lesser of $25, or the total amount you paid to Diff.

Certain state or local laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitation may not apply to you, and you may have additional rights.

Comments, Feedback and Other Submissions 
Diff welcomes your comments and feedback regarding its website, its products and its services. It does not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Diff using its website or otherwise (collectively, "Comments") are not confidential and will become and remain Diff's property. The disclosure, submission or offer of any Comments will constitute an assignment to Diff of all rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

Links to Other Websites and Services

Diff’s website may include links to other Internet sites maintained by third parties ("Linked Sites"). Diff provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Diff of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Diff Site. Linked Sites are not under the control of Diff and Diff is not responsible for the contents of any Linked Site.

 Controlling Law

This Diff website is controlled and operated by Diff at its headquarters in Gardena, California. These terms of use shall be construed in accordance with the laws of the state of California without regard to any Conflict of Law Provision. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of any state or Federal Court located in Los Angeles County, California.