| The EyePro Groupİ
provides the EyePro Web site including the EyeProİ Home Page and other EyeProİ content
(collectively, the "EyeProİ WebSite") subject to your compliance with the terms
and conditions below. PLEASE READ THIS BEFORE ACCESSING THE EyeProİ SITE. BY ACCESSING
THE EyeProİ SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE EyeProİ
SITE. 1. Rules. While
visiting the EyeProİ Site, you may also not: post, transmit or otherwise distribute
information constituting or encouraging conduct that would constitute a criminal offense
or give rise to civil liability, or otherwise use the EyeProİ Site in a manner which is
contrary to law or would serve to restrict or inhibit any other user from using or
enjoying the EyeProİ Site or the Internet; post or transmit any information or software
which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive
component; upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the EyeProİ Site which is
protected by copyright, or other intellectual property right, or derivative works with
respect hereto, without obtaining permission of the copyright owner or rightholder.
2. Content. EyeProİ expresses
that all content, including, but not limited to, pictures, text, banners, graphics,
shopping cart scripts, is fully owned and operated by EyeProİ and EyeProİ`s associated
companies, distributors, and frame companies, and that all contents are protected and are
NOT TO BE COPIED, REDISTRIBUTED, REMOVED, MODIFIED,OR DISPLAYED BY ANY ONE ,OR
ORGANIZATIONS, OR ENTITY, FOR ANY WEBSITE, PRINTSITE, CATALOG, TELEVISION OR ANY
OTHER MEDIUM OF EXPOSURE, INCLUDING, BUT NOT LIMITED TO, PUBLIC, PRIVATE OR NON- PROFIT
USE, OR ANY OTHER USE, WITHOUT THE EXPRESSED WRITTEN CONSENT FROM THE EYEPRO
GROUPİ OR IT'S AFFILIATED CONTENT OWNERS. The contents including, but not limited to, the
frame pictures, the shopping cart script, are duly marked and ANY infraction will
constitute theft and/or breach of copyright and will be aggressively pursued to the full
extend of the law.
3. Usage. You agree that all
information you submit to EyeProİ is current and correct and is not a misrepresentation
of you or your company to knowingly or otherwise, misrepresent your identity or intentions
and you will abide by all rules set forth in the EyeProİ agreement and by using EyeProİ
you have agreed to all EyeProİ`s rules and guidelines. You agree that EyeProİ has
the right to monitor the EyeProİ site from time to time and to disclose any information
as necessary to satisfy any law, regulation or other governmental request, to operate the
EyeProİ properly, or to protect itself or its subscribers. EyeProİ. will not
intentionally monitor or disclose any private electronic-mail message or any other
EyeProİ user related information unless required by law. EyeProİ. reserves the right to
refuse to post or to remove any information or materials, in whole or in part, that, in
its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. We
also reserve the right to not allow users at our discretion.
4. Privacy. EyeProİ. cannot
ensure or guarantee privacy for EyeProİ users. However, EyeProİ has taken extreme steps
to protect any and all information you choose to voluntarily supply. We use the same
technology that is commonly used by many credit card companies as well as financial
institutions. Any such use shall be at the sole risk of the user, and EyeProİ. and its
affiliate and related companies shall be relieved of all liability in connection
therewith.
5. Ordering over the Internet.
When making transactions through the EyeProİ site you agree that all information
you provide any merchant or information or service provider through the EyeProİ Site will
be current, accurate, and complete. You agree to pay all charges incurred by you or other
users of your account and credit card or other payment mechanisms at the prices in effect
when such charges are incurred. You also will be responsible for paying all applicable
taxes, if any, relating to purchases on the EyeProİ Site. EyeProİ. is in no way
responsible for any charges you or any user of your account incurs when making purchases
or other transactions in this manner.
6. Limitation of Liability.
EyeProİ. takes no responsibility for the accuracy or validity of any claims or statements
contained in the documents and related graphics on the EyeProİ Site. Further, EyeProİ
makes no representations about the suitability of any of the information contained in
software programs, documents and related graphics or information on the EyeProİ Site for
any purpose. All such software programs, documents and related graphics or information are
provided without warranty of any kind. In no event shall EyeProİ be liable for any
damages whatsoever, including special, indirect or consequential damages, arising out of
or in connection with the use or performance of information available from the service.
7. Recourse. If you are
dissatisfied with the EyeProİ Site or with any terms, conditions, rules, policies,
guidelines, or practices of EyeProİ. in operating the EyeProİ Site, your sole and
exclusive remedy is to discontinue using the EyeProİ Site.
8. Confidential Information.
You authorize EyeProİ to collect from any party and to retain all relevant information
relating to your use of the EyeProİ Site, and you hereby authorize any party to provide
us with such information. You understand and agree that unless you notify EyeProİ. to the
contrary by e-mailing us, and having in your possession, a response
from EyeProİ stating our respective positions, you further authorize EyeProİ to
disclose, on a confidential basis, to any party with whom EyeProİ. has business relations
all relevant information relating to your dealings with us and the EyeProİ Site.
9. Indemnity. You agree to
defend, indemnify and hold EyeProİ. and its affiliate and related companies harmless from
any and all liabilities, costs and expenses, including attorneys' fees, related to any
violation of this agreement by you or users of your account, or in connection with the use
of the EyeProİ Site or the internet or the placement or transmission of any message,
information, software, product orders, or other materials on the EyeProİ Site or on the
internet by you or users of your account.
Any legal action the EyeProİ deems necessary, will be instituted accordingly, and any
financial burden incurred by EyeProİ will not be be the responsibility of EyeProİ. All
legal burdens financial or otherwise shall fall under the responsibility of the
offender(s) whether or not the offender(s) is proven unaccountable in a criminal or civil
court of the United States of America and EyeProİ shall be reimbursed within 30 days upon
demand.
10. Trademarks. EyeProİ and
other names, logos and icons identifying EyeProİ and affiliated frame companies and frame
distributors, products and services referenced herein are trademarks or registered
trademarks of EyeProİ and/or the affiliated frame companies and/or distributors or
product owners. All product and/or brand or company names mentioned herein are the
trademarks of their respective owners.
11.DISCLAIMER.THE CONTENT OF
EYEPROİ, INCLUDING BUT NOT LIMITED TO, SOFTWARE, INFORMATION, PICTURES, CONTAINED IN THIS
WEBSITE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE
RESULTS AND THE PERFORMANCE OF THE PRODUCT IS ASSUMED BY THE USER, AND IN NO EVENT WILL
EyeProİ. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE
COURSE OF USING ANY, PRODUCT, INCLUDING BUT NOT LIMITED TO, SOFTWARE, INFORMATION, PRODUCT
ORDERS,PRODUCT IN THIS WEBSITE.
12. Miscellaneous. This
Agreement, including any and all documents referenced herein, constitute the entire
agreement between The EyePro Groupİ. and you pertaining to the subject matter hereof.
EyeProİ's failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provisions or right. If any of the
provisions contained in this Agreement be determined to be void, invalid or otherwise
unenforceable by a court of competent jurisdiction, such determination shall not affect
the remaining provisions contained herein. This Agreement shall be governed by and
construed in accordance with the laws of the Illinois and the federal laws of the United
States of America applicable therein.
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