Terms of Use

Please Read Carefully Before Using This Website

IMAGE EYES OPTICAL (hereinafter “Company”) maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of imageeyesoptical.com (hereinafter the “Website”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Site. Such access and all related hardware, software, and services costs are your sole responsibility and you hereby release Company from any liability for any errors, failures or malfunctions of all such hardware, software and/or services.

Before you may obtain services through this Website, you must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which includes by reference those terms and conditions expressly set out below.

By your use of this site you agree that:

  1. You are at least eighteen years old, and
  2. You have read, and fully understand and agree to abide by this Agreement and the documents it incorporates by reference,
  3. You intend to form a legally binding contract by utilizing or viewing this site, and
  4. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or request our services through this Website.

Within Company’s sole discretion these terms are subject to amendment, change, modification, revision, or termination at any time without advance notice to you. Any and all such changes shall be immediately effective at the time they are posted on the Site and it is your (the user’s) duty to maintain through the Site, your familiarity with these terms and conditions as they change over time.

  1. Information and PrivacyUserConduct:

Company is strongly committed to protecting your privacy and has implemented a comprehensive privacy policy. Company does not disclose or release personal or financial information about you except what is necessary to process your request for assistance. For details, please view our Privacy Policy.

  1. UserConduct:

You agree not to post on the Website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets, or any right of privacy or publicity, or (d) otherwise violates any applicable law.  You will not post on this Website any links to any external Internet sites that are obscene or pornographic.  Any information that you provide to Company must be true, complete, and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance, or regulation.

  1. Copyright/Restrictions on Use of Material

The Site(s), the software used with the Site, and all content  such as computer code, text, graphics, site-images, etc., along with the collection, arrangement, and assembly of such, are the exclusive intellectual property of Company, or its affiliates, and is protected by both United States and international intellectual property laws; specifically, copyright, trademark/service mark, trade secret, trade dress, patent, and/or other proprietary rights and laws.

Company grants to you only a limited, non-exclusive, non-transferable, non-assignable license to use the intellectual property on the Site solely for the purposes of viewing the Site. Except as expressly provided herein, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Company. You may not use a part of this Website on any other website, without Company’s prior written consent. You may not sell, resell, de-compile, reverse engineer, disassemble, or otherwise translate any of the software portions of the Site or to a human-readable form. You may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Site or in any way except as authorized herein or thereon or by other prior written permission from Company. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or, in whole or in part, nor use any content for any purpose other than that intended, unless previously authorized by us in writing. Any unauthorized use of any material contained in the Site is strictly prohibited.

Company respects the intellectual property rights of others and expects our users to do the same. The policy of Company is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@imageeyesoptical.com.

  1. No Unlawful Or Prohibited Use

As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

  1. Spamming

Gathering email addresses from Company through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Company should be directed to: info@imageeyesoptical.com.

  1. Trademarks, Service Marks, Logos, Corporate Identifications Protected

All trademarks, service marks, logos, or other corporate identifications (collectively “Marks”) on this Website are trademarks or service marks of Company.  User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other website is strictly prohibited without prior written approval by Company.

  1. Links

This Website contains links to third party sites. User accesses these sites at User’s own risk; the Website is not responsible for the contents, changes, updates, or other links contained in a linked site. Company provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by the Website or the URL of the site.

Any third party desiring to link to the Website must link to the Website’s homepage located at www.imageeyesoptical.com. No one may link to any other page of this Website without the prior written consent of Company.

You may not link to this Website without Company’s written permission. If you are interested in linking to this Website, please contact info@imageeyesoptical.com.

  1. General Disclaimer

Although Company has made reasonable efforts to place accurate information on this Website, Company assumes no responsibility for the accuracy of the information. Company PROVIDES THIS WEBSITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL, OR ANY OTHER REFERENCE IS PROVIDED “AS IS” WHERE IS AND COMPANY FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS COMPANY DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEBSITE  OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Limitation of Liability

COMPANY SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.

  1. Indemnification

User agrees to indemnify and hold harmless, to the fullest extent allowed by law, Company, at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User’s negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

  1. No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Company as a result of use of the Website.

  1. Limitation Of Liability

Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall Company or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, or (ii) the performance or non performance by Company or any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution, or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.

  1. Compliance With State And Federal Laws

Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Company makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited.

  1. Miscellaneous

Company may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, Company cannot be held liable if we fail to notify you.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire integrated agreement between you and Company and govern your use of the Site, superseding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of Utah, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Utah] if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

CONTACT US:

If you would like to request additional information regarding these Terms of Use, please contact us at info@imageeyesoptical.com.