Agreement to Terms of Use of EYEXTACY.COM

These Terms and Conditions of Use (the “Terms of Use”) apply to the EYEXTACY.COM Website located at EYEXTACY.COM and all associated sites linked to EYEXTACY.COM by EYEXTACY.COM, its subsidiaries, and affiliates, including EYEXTACY.COM sites around the world (collectively, the “Site”). The Site is the property of EYEXTACY.COM (“EYEXTACY.COM and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

EYEXTACY.COM reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you comply with these Terms of Use, EYEXTACY.COM grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

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.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Web site or other media for publication or distribution or any commercial enterprise, without EYEXTACY.COM express prior written consent.

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.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of EYEXTACY.COM or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such additional terms and conditions, including, where applicable, that you are of sufficient legal age to use or participate in such service or feature. Suppose there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or any service offered on or through the Site. In that case, the latter terms shall control your use of that portion of the Site or the specific service.

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
  • Trademarks
  • Claims of Copyright Infringement
  • Piracy
  • 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.

Privacy

EYEXTACY.COM’s Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view EYEXTACY.COM’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information sent to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (credit card information) is encrypted.

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.

Disclaimers

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.

Suppose, notwithstanding the other provisions of these Terms of Use, EYEXTACY.COM is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content. In that case, EYEXTACY.COM’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees concerning any service or feature of or on the Site paid in the six months before the date of the initial claim made against EYEXTACY.COM (but not including the purchase price for any EYEXTACY.COM hardware or software products or any EYEXTACY.COM care or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the preceding limitation may not apply to you.

Indemnity

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.

Violation of These Terms of Use

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 acknowledge and agree that EYEXTACY.COM may preserve any transmittal or communication by you with EYEXTACY.COM through the Site or any service offered on or through the Site and may also disclose such data if required to do so by law, or EYEXTACY.COM determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of EYEXTACY.COM, its employees, users of or visitors to the Site, and the public.

You agree that EYEXTACY.COM may, in its sole discretion and without prior notice, terminate your access to the Site and block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to EYEXTACY.COM, for which monetary damages would be inadequate. You consent to EYEXTACY.COM obtaining any injunctive or equitable relief that EYEXTACY.COM deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies EYEXTACY.COM may have at law or in equity.

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.

If EYEXTACY.COM does take any legal action against you due to your violation of these Terms of Use, EYEXTACY.COM will be entitled to recover from you. You agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to EYEXTACY.COM; you agree that EYEXTACY.COM will not be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and the laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may claim in the country’s courts where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between EYEXTACY.COM and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we cannot resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, the parties shall be free to pursue any right or remedy available under applicable law.

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.

Miscellaneous

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.

Suppose any of these Terms of Use provisions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable. In that case, such conditions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and EYEXTACY.COM about your use of the Site and any other written or oral agreements or understandings previously existing between you and EYEXTACY.COM concerning such use moment superseded and canceled. Other than as provided in a purchase agreement you enter into with EYEXTACY.COM, EYEXTACY.COM will not accept any counter-offers to these Terms of Use, and all such offers are, at this moment, categorically rejected. EYEXTACY.COM’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by EYEXTACY.COM of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between EYEXTACY.COM and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies to third parties.

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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