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Eyedaptic.com Terms of Use

Last Updated: 02/26/19

General Terms.

These Terms of Use (“Terms”) set forth the terms and conditions that apply to your access and use of Eyedptic.com (“Website”) and the Eyedaptic mobile App ( collectively, the “Services”) as owned and operated by Eyedaptic, Inc. (“Eyedaptic,” “we” or “us”). As used in these Terms, the term “Website” includes all Eyedaptic websites, pages that are associated or within each website and all devices, applications, or services that Eyedaptic operates or offers that link to this Agreement. By accepting electronically (i.e. clicking “I agree”), installing, accessing, or using the Services, you agree to be bound by these Terms and Eyedaptic Privacy Notice, as they may be amended from time to time in the future.  If you do not agree to these Terms, they you must not use the Services.

Eyedaptic may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

Privacy

Please review our Privacy Notice, which also governs your visit to the Services, to understand our practices. You agree that Eyedaptic may use and maintain your data according to the Eyedaptic’s Privacy Notice, as part of the Services. Eyedaptic may use your and other users’ non-identifiable, aggregated data to improve the Services or in connection with other offerings by Eyedaptic. Eyedaptic may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

Access and License to Use

Eyedaptic grants you a limited license to access and make personal use of the Website and Services.  Your right to access and use the Website and Services is not transferrable by you to any other person or entity. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, equipment malfunction, updating by Eyedaptic or its service providers, maintenance or repair of the Services or other actions that Eyedaptic, in its sole discretion, may elect to take. In no event will Eyedaptic be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your license for access and use of the Services and any information or materials contained therein is subject to the following restrictions and prohibitions on use: You may not: (a) remove, decompile, disassemble or reverse-engineer any software or use any network monitoring or discovery software to determine the architecture of our Website or mobile App; (b) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through them; (c) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which they are stored, or any server, computer, or database connected to them; (d) use the Services in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations; (e) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent; (f) use the Services to impersonate or attempt to impersonate the Eyedaptic, a Eyedaptic employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (g) export or re-export the Services or any portion thereof, or any software available on or through the Services, in violation of the export control laws or regulations of the United States; and (h) use any content and materials in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Eyedaptic or any third parties.

Use With Your Mobile Device

Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

Registration Information and Electronic Communications

In order to allow you to use some portion of our Services, you will need to Register with Eyedaptic. Eyedaptic may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not provide this information or Eyedaptic cannot verify your identity, we can refuse to allow you to use the Services.

By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that you provide. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Your consent to receive communications electronically is valid until you end your relationship with us. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law. If you become aware of any unauthorized use of your registration information for the Services, you agree to notify Eyedaptic immediately at the email address: info@eyedaptic.com.

If you believe that your registration information or device that you use to access the Services has been lost or stolen, or that use of our Services associated with your registration is fraudulent, you must notify us immediately in order to minimize possible losses.

Rights Granted to Eyedaptic

By submitting registration, email, messages, and other content to Eyedaptic through the Services, you are licensing that content to Eyedaptic for the purpose of providing the Services. Eyedaptic may use and store the content in accordance with this Agreement and our Privacy Notice. You represent that you are entitled to submit it to Eyedaptic for use for this purpose, without any obligation by Eyedaptic to pay any fees or be subject to any restrictions or limitations. You hereby authorize and permit Eyedaptic to use and store information submitted by you to accomplish the foregoing and to configure the Services.

Intellectual Property Rights

Copyright

The Services and all content contained therein is owned by Eyedaptic or its content suppliers and protected by United States and international copyright laws. Eyedaptic is the exclusive owner of the compilation of all content on the Services, which is protected by U.S. and international copyright laws. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Website or the Services or content in a manner that violates any applicable law, regulation or these Terms.

Trademarks

The Eyedaptic name and its graphics, logos, and product and service names are trademarks, registered trademarks or trade dress of Eyedaptic in the U.S. and/or other countries.  You must not use such marks without the prior written permission of the Eyedaptic. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Patents

The products featured on the Services are covered by patents owned by Eyedaptic. Use of the Services does not grant any license or ownership rights in any patented products or services offered by Eyedaptic.

DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY EYEDAPTIC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT.

EYEDAPTIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EYEDAPTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EYEDAPTIC DOES NOT WARRANT THAT SERVICES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES; ITS SERVERS; OR E-MAIL SENT FROM EYEDAPTIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EYEDAPTIC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

LIMITATION OF LIABILITY

EYEDAPTIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, EYEDAPTIC’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $100 (ONE HUNDRED DOLLARS).

Indemnification

You shall defend, indemnify and hold harmless Eyedaptic and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms or any activity by you in relation to the Website or your use of the Services.

Disputes

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND EYEDAPTIC ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Eyedaptic, Inc., in care of our registered agent GKL Corporate/Search Inc. PO Box 1913 Sacramento, CA 95812.  The arbitration shall be administered by JAMS arbitration in Los Angeles, California, before one (1) arbitrator who shall be a retired judge admitted to practice law in the State of California and arbitrated pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination or rescission of this Terms.

Limitation on the Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

US Government Rights

The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

Additional Terms

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. No waiver by Eyedaptic of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Eyedaptic to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. The Terms, our Privacy Notice, and any supplemental terms, constitute the sole and entire agreement between you and Eyedaptic regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Apple Requirements

The following terms the terms that Eyedaptic is required by Apple to notify you of and obtain your consent to with respect to using the App:

(a)        Acknowledgement.  You and Eyedaptic acknowledge that this Agreement is concluded between you and Eyedaptic only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that Eyedaptic is solely responsible for the App and the content thereof.

(b)       Scope of License.  Subject to, and in consideration of, your compliance with all conditions of this Agreement, Eyedaptic grants you a non-exclusive, personal, revocable, non-transferable license to use the App for your lifetime on an iOS Product that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/us/terms.html), and in accordance with the Privacy Notice.

(c)        Maintenance and Support.  Eyedaptic is solely responsible for providing support and maintenance for the App. You and Eyedaptic acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(d)       Product Claims.  You acknowledge that Eyedaptic, and not Apple, is responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e)        Intellectual Property Rights.  You and Eyedaptic acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, then Eyedaptic, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property right infringement claim.

(f)        Legal Compliance.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(g)       Third Party Terms of Agreement.  Eyedaptic may use third party software and services provided by Instagram, Facebook, Twitter and other third party services with the App. Your use of the App is therefore subject to your acceptance of and compliance with these third party terms of Agreement, and you agree to comply with the applicable third party terms and conditions when using the App.

(h)       Third Party Beneficiary.  You and Eyedaptic acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that when you accept the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

Contact Us

These Services are operated by Eyedaptic, Inc.  Please contact us through our Website or the mobile App.

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