Hey, we’re glad you’re here! Maho, LLC, which does business as Maho and Maho Shades, operates and provides services through www.mahoshades.com (the “Site”) and our retail Airstream. We’ll go by “Maho”, “we”, or “us” to keep it simple. We will also refer to the Site, our retail location(s), and the services available through them as the “Services.”
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND MAHO RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION ENTITLED “DISPUTE RESOLUTION AND ARBITRATION” FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH MAHO.
We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Services. Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria. We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party.
You may be able to navigate some of the Services without creating a user account (”Account”); but certain Services will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. Similarly, for any Services that you are able to access without creating an Account, you are solely responsible for any activity that occurs through your personal device in connection with the Services. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
If you are purchasing prescription eyewear, check out the Prescriptions section of our FAQ for the information we need to fill your prescription and to learn how to provide your prescription information to us. If your prescription information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your glasses. We keep your prescription on file for some time after you order your glasses, and we make that information available to you upon request. We will respond to your request as quickly as possible, but be aware that it could take us a day or two to retrieve older prescriptions. Please keep that in mind if you need your information by a certain day or time. By requesting a copy of your prescription, you consent to Maho or an affiliated lab or eye doctor sending your prescription over unencrypted mail.
By opting-in to receive text messages from us or by sending us an initial text message, you agree to receive text messages (a.k.a. SMS messages) from Maho, some of which may be considered marketing and may be sent using an autodialer. You also represent that you are the owner or authorized user of the mobile device you use to subscribe for the mobile service and that you are authorized to approve the applicable charges. You’ll be responsible for all messaging and data charges that may apply. You can opt-out of receiving text messages from us at any time by texting “STOP” from the mobile device receiving the messages. We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t 100% secure. Text messages and emails you send to or receive from Maho are not encrypted, which means that they’re vulnerable to interception by third parties. If you choose to send or receive financial information, information about your health (including your prescription information), your insurance identification number, or any other sensitive information by text or email, you do so at your own risk. By texting us or requesting that we text you, you consent to receiving unencrypted text messages from Maho. Likewise, by emailing us or requesting that we email you, you consent to receiving unencrypted emails messages from us. Worried about texting or sending anything sensitive? Email us at firstname.lastname@example.org.
Restrictions on Use
Your use of the Services do not allow you to do any of the following:
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure.
- resell or make any commercial use of the Services or any of the Service content.
- modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser.
- copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any trademarks or service marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.
- use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services.
- harvest or scrape any content from the Services, or using other automated or manual means to take our content without our prior consent.
- bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services.
- run any form of auto-responder or “spam” on the Services.
Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections or similar communications facilities.
“User Content” is any public communications or any other material you submit, distribute, transmit, or post to Maho (through the Services; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores). You will keep all ownership of and license rights in your User Content although, by providing content to us, you may grant us a license to use it.
When you submit, distribute, transmit, or post User Content, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Maho to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. In addition to giving Maho a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account. If you don’t agree to these conditions, then please don’t provide the materials to us.
We have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:
- which users access the Services.
- what content you access via the Services.
- what effects the content may have on you.
- how you may interpret or use the content.
- what actions you may take as a result of your exposure to the content.
- The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
- THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAHO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY MAHO OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, MAHO DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
Your Mahos are covered for as long as you, the original purchaser, have them. If your Mahos are ever damaged for any reason (such as sitting on them, crushing them, scratching the lenses, getting punched in the face on a golf course by a game show celebrity, etc.) we will repair or replace them for a low flat fee (currently $40.00). Our Guarantee does not cover lost products, or products bought from anyone other than Maho or our authorized retailers. Our Guarantee fee is pegged to our costs, so it may rise over time. That means we don’t make money on repair or replacement, but we don’t lose it either -- so we’ll stay in business and available to fix your goods forever. Our Guarantee fee includes our shipping cost back to you domestically, but it does not cover international shipping, duties, and the like. If your style has been discontinued, we’ll either repair or allow you to replace with a pair of equal or lesser value. Special Projects and custom orders are covered, but at a higher fee. Prescription Lenses are covered at a higher fee, but only for one year from the date of purchase.
We offer free returns within 14 days of purchase on everything but items marked "Exchanges Only", Special Projects, custom, RX, or readers bought on our website for domestic US customers. We cover the cost of shipping both ways. All items must be returned in all original packaging in pristine, resellable condition, which we judge in our sole discretion. Please visit our Return Center to begin the return process. All international sales and Special Projects, custom, RX, and readers orders are ineligible for returns (although the third party lab we use will work with you to ensure a proper RX fit).
We offer free exchanges within 14 days of purchase on all non-custom/RX/reader items bought on our website for domestic US customers. If We cover the cost of shipping both ways. All items must be returned in all original packaging in pristine, resellable condition, which we judge in our sole discretion. Please email email@example.com with an exchange request to begin the exchange process. All items marked “Exchanges Only” are ineligible for returns, but can be exchanged for store credit after payment of a $10 shipping and handling fee
It typically takes 3-5 business days from the time you ship a return until we receive the returned product. After we receive, allow 3 business days for us to process. Refunds generally process within 5-10 business days after we issue the electronic refund, but that’s up to your card issuer.
Use of Site
Any unauthorized,unlawful, or commercial use of any content or materials on this site is prohibited.
Any use of the materials or content on this site can be made only with the prior written and express authorization of Maho. All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, and written and other materials, is the property of Maho or its suppliers, partners, or affiliates and is protected by United States and international copyright laws. We do our best to credit all content to its original source; if we make any oversight concerning said content, please do not hesitate make us aware. This Site is the property of Maho and is protected by United States and international copyright laws. For further information on how you may obtain authorization to use any materials or content on this Site, please contact us. All of the products depicted on our site are protected, to the maximum extent permissible under law, by patent, copyright, trademark, and/or trade dress.
We do our best to ensure that products listed on our site are available. However, sometimes a product you order may be unavailable. When that happens, we will give you the option to receive a full refund or choose another item.
Choice of Law and Venue
When you place an order on our Site, it is processed in Alabama. No matter where you’re located, the laws of the State of Alabama will govern these Terms and the relationship between you and Maho as if you signed or otherwise agreed to these Terms in Alabama, without regard to Alabama’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in Alabama County, Alabama for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of these Terms.
Dispute Resolution and Arbitration
- Generally. In the interest of resolving disputes between you and Maho in the most expedient and cost effective manner, you and Maho agree that every dispute arising out of or in connection with these Terms or your use of the Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MAHO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Maho will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Maho. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Maho's address for Notice is: Maho, LLC, 4776 Main Street, Suite L-210, Orange Beach, AL 36561, Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Maho may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Maho must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Maho in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
- Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Baldwin County, Alabama, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Maho for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND MAHO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Maho agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice to our address for Notice within 30 days of the change, in which case your account with Maho will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAHO OR ANYONE REPRESENTING MAHO BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR MAHO’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAHO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
These Terms constitute the entire agreement between you and Maho and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Services. Any rights not expressly granted herein are reserved.