All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to EYEXTACY.COM is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use the information on EYEXTACY.COM (such as datasheets, knowledge base articles, and similar materials) purposely made available by EYEXTACY.COM For downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or another automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. EYEXTACY.COM reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or any EYEXTACY.COM server, or any of the services offered on or through the Site by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the Site’s vulnerability or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of EYEXTACY.COM, including any EYEXTACY.COM account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or EYEXTACY.COM systems or networks or any systems or networks connected to the Site or EYEXTACY.COM.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site, or any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to EYEXTACY.COM on or through the Site or any service offered on or through the Site. You may not pretend that you are, or represent, someone else or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
EYEXTACY.COM’s obligations, if any, about its products and services are governed solely by the agreements under which they are provided, and nothing on this Site should be construed to alter such agreements.
EYEXTACY.COM may change any products or services offered on the Site or the applicable prices for any such products or services, at any time, without notice. The materials on the Site concerning products and services may be outdated, and EYEXTACY.COM does not commit to updating the materials on the Site concerning such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
- Guidelines for Using EYEXTACY.COM Trademarks & Copyrights
- Rights & Permissions
- Claims of Copyright Infringement
- Counterfeit Products
- EYEXTACY.COM’s Unsolicited Idea Submission Policy
- Software License Information
- Legal Contacts
These policies may be changed occasionally and are effective immediately upon posting such changes on the Site.
Accounts, Passwords, and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an EYEXTACY.COM ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password and any activity under your account, due to your failure to keep this information secure and confidential. You agree to notify EYEXTACY.COM immediately of unauthorized use of your account, password, or another security breach. You may be liable for losses incurred by EYEXTACY.COM or any other user of or visitor to the Site due to someone else using your EYEXTACY.COM ID, password, or account due to your failing to keep your account information confidential.
You may not use anyone else’s EYEXTACY.COM ID, password, or account at any time without the express permission and consent of the holder of that EYEXTACY.COM ID, password, or history. EYEXTACY.COM cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and the EYEXTACY.COM Site
This Site may contain links to independent third-party Websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under EYEXTACY.COM’s control. EYEXTACY.COM is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your independent judgment regarding your interaction with these Linked Sites.
EYEXTACY.COM DOES NOT PROMISE THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EYEXTACY.COM CAN NOT ENSURE ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION, OR DESTRUCTIVE FEATURES. EYEXTACY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. EYEXTACY.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND ANY EYEXTACY.COM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EYEXTACY.COM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
EYEXTACY.COM reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will EYEXTACY.COM be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if EYEXTACY.COM has been advised of the possibility of such damages.
You agree to indemnify and hold EYEXTACY.COM, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against EYEXTACY.COM by any third party due to or arising out of or in connection with your use of the Site.
EYEXTACY.COM may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) EYEXTACY.COM’s rights or property, or the rights or property of visitors to or users of the Site, including EYEXTACY.COM’s customers. EYEXTACY.COM reserves the right at all times to disclose any information that EYEXTACY.COM deems necessary to comply with any applicable law, regulation, legal process, or governmental request. EYEXTACY.COM also may disclose your information when EYEXTACY.COM determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that EYEXTACY.COM may, in its sole discretion and without prior notice, terminate your access to the Site for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
EYEXTACY.COM administers and operates the EYEXTACY.COM Site from its location in Cupertino, California, USA; other EYEXTACY.COM sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations or appropriate or available for use outside the United States. EYEXTACY.COM reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any part, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your initiative and are solely responsible for complying with applicable local laws.
You may not use, export, or re-export any Content or any copy or adaptation of such Content or any product or service offered on the Site in violation of any applicable laws or regulations, including United States export laws and regulations, without limitation.
EYEXTACY.COM provides access to EYEXTACY.COM international data. Therefore, it may contain references or cross-references to EYEXTACY.COM products, programs, and services not announced in your country. Such reference does not imply that EYEXTACY.COM intends to announce such products, programs, or services in your country.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. EYEXTACY.COM shall be free to use such information unrestrictedly.
The information contained on this website is subject to change without notice.
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