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 If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.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:
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:
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 ourReturn 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
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.