Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Vixen Optics. The collective work includes works that are licensed to Vixen Optics. Copyright 2003, Vixen Optics ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Vixen Optics or purchasing Vixen Optics products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Vixen Optics or to purchase Vixen Optics products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Vixen Optics. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Vixen Optics used in the site are trademarks or registered trademarks of Vixen Optics


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Vixen Optics disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Vixen Optics does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Vixen Optics does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Vixen Optics shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Vixen Optics has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Vixen Optics product is mistakenly listed at an incorrect price, Vixen Optics reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Vixen Optics reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Vixen Optics shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Vixen Optics without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Vixen Optics may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Vixen Optics.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Vixen Optics products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Vixen Optics products) must be commenced within one (1) year after the claim or cause of action arises. Vixen Optics's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Vixen Optics may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Vixen Optics or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Vixen Optics does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Vixen Optics is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Vixen Optics reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Vixen Optics in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Vixen Optics, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Vixen Optics may link to sites operated by third parties. However, even if the third party is affiliated with Vixen Optics, Vixen Optics has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Vixen Optics. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Vixen Optics seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


Telescope, Astronomical Binocular, and Mount Warranty
Every Vixen telescope and mount is warranted by Vixen Optics to be free of defects in materials and workmanship for a period of FIVE YEARS from the date of original purchase in the U.S.A. and Canada. Five year warranty covers all non-electrical/mechanical parts. Electrical parts are warranted for one year from date of purchase. At At its option, Vixen Optics will repair or replace the product, or part thereof, found upon inspection by Vixen Optics to be defective, provided the defective part or product is returned to Vixen Optics , freight prepaid. Please complete the product registration to activate your warranty. This warranty does not include optical alignment. This warranty applies to the original purchaser only and is non-transferable. RGA Number Required: Prior to the return of any product or part, a Return Goods Authorization (RGA) number must be obtained from Vixen Optics by writing (orders@vixenoptics.com) or calling (949)429-6363. Each returned part or product must include a written statement detailing the nature of the claimed defect, as well as the owner’s name, address and phone number. This warranty is not valid in cases where the product has been abused or mishandled, where unauthorized repairs have been attempted or performed, or where depreciation of the product is due to normal wear-and-tear. Vixen Optics specifically disclaims special, indirect or consequential damages or lost profit, which may result from a breach of this warranty. Any implied warranties which cannot be disclaimed are hereby limited to a term of one year from the date of original retail purchase. This warranty gives you specific rights. You may have other rights which vary from state to state. Vixen Optics reserves the right to change product specifications or to discontinue productions without prior notice. This warranty supersedes all previous Vixen Optics warranties.
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Binocular and Spotting Scope Warranty
Binocular and Spotting Scope unconditional transferrable Warranty. Vixen Optics warrants every binocular and spotting scope to be free from defects in materials and workmanship. Vixen Optics will repair or replace such product or part thereof which, upon inspection by Vixen Optics . At its option, Vixen Optics will repair or replace the product, or part thereof, found upon inspection by Vixen Optics to be defective, provided the defective part or product is returned to Vixen Optics , freight prepaid, with proof of purchase from an authorized dealer. To take advantage of this warranty, send your binocular or spotting scope, along with a copy of your receipt and a check or money order for $ 25.00 (U.S. dollars) to cover inspection, handling, and shipping. All returns must be accompanied by a written statement setting forth the name, address, and daytime telephone number of the owner, together with a brief description of any claimed defects. Parts or product for which replacement is made shall become the property of Vixen Optics . Vixen Optics shall use reasonable efforts to repair or replace any product covered by this limited warranty within thirty days of receipt. In the event repair or replacement shall require more than thirty days, Vixen Optics shall notify the customer accordingly. Vixen Optics reserves the right to replace any product which has been discontinued from its product line with a new product of comparable value and function. Vixen Optics DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR USE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE SOLE OBLIGATION OF MRSTARGUY UNDER THIS LIMITED WARRANTY SHALL BE TO REPAIR OR REPLACE THE COVERED PRODUCT, IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN. VIXEN OPTICS EXPRESSLY DISCLAIMS ANY LOST PROFITS, GENERAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHICH MAY RESULT FROM BREACH OF ANY WARRANTY, OR ARISING OUT OF THE USE OR INABILITY TO USE ANY VIXEN OPTICS PRODUCT. ANY WARRANTIES WHICH ARE IMPLIED AND WHICH CANNOT BE DISCLAIMED SHALL BE LIMITED IN DURATION TO A TERM OF ONE YEAR FROM THE DATE OF ORIGINAL RETAIL PURCHASE. Some states do not allow the exclusion or limitation of incidental or consequential damages or limitation on how long an implied warranty lasts, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Vixen Optics reserves the right to modify or discontinue, without prior notice to you, any model or style binocular.