EYEIT.COM,
INC. and it's operated sites: EYEITONLINE.COM
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. By using this site, you signify your assent to these terms of use.
If you do not agree to these terms of use please do not use the site. We
reserve the right, at our discretion, to change, modify, add, or remove
portions of these terms at any time. Please check these terms periodically
for changes. Your continued use of EYEITONLINE.COM following the
posting of changes to these terms ( Privacy
Policy, Service Member Agreement)
will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This site is operated by EYEIT.COM, INC. , (collectively referred to as
"EYEIT.COM," "Provider", "ISP", Service
Provider", "we," "us," or "our"
herein). No material from EYEITONLINE.COM or any Web site owned,
operated, licensed, or controlled by EYEIT.COM, INC. may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed in
any way, except that you may download one copy of the materials on any
single computer for your personal, non-commercial home use only, provided
that (i) you keep intact all copyright and other proprietary notices, (ii)
you make no modifications to the materials, (iii) you do not use the
materials in a manner that suggests an association with or indorsement of
any product, service, opinion, cause or anything else, (iv) you do not
download quantities of materials to a database that can be used to avoid
future downloads from an EyeIT.com Web site. For purposes of these terms,
the use of any such material on any other Web site or networked computer
environment is prohibited. All trademarks, service marks, and trade names
are proprietary to EYEIT.COM, INC.
In the event you download software from
the site, the software, including any files, images incorporated in or
generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by EYEIT.COM.
EYEIT.COM does not transfer title to the Software to you. You own the
medium on which the Software is recorded, but EYEIT.COM retains full and
complete title to the Software, and all intellectual property rights
therein. You may not redistribute, sell, decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-readable form.
SUBMISSIONS
EYEIT.COM is pleased to hear from its customers and welcomes your comments
regarding EYEIT.COM products, including EYEIT.COM's online services.
Unfortunately, however, EYEIT.COM's policy does not allow it to
accept or consider creative ideas, suggestions, or materials other than
those it has specifically requested. We hope you will understand that it
is the intent of this policy to avoid the possibility of future
misunderstandings when projects developed by EYEIT.COM's professional
staff might seem to others to be similar to their own creative work.
Accordingly, we must, regretfully, ask that you do not send us any
original creative or developed materials such as software code, pictures,
web pages, stories, or designs. While we do value your feedback on our
services and products, we request that you be specific in your comments on
those services and products, and not submit any creative ideas,
suggestions, or materials.
If at our request you send certain
specific submissions (e.g., postings to chat, boards, or contests) or,
despite our request that you not send us any other creative materials, you
send us creative suggestions, ideas, notes, drawings, concepts, or other
information (collectively, the "Submissions"), the Submissions
shall be deemed, and shall remain, the property of EYEIT.COM. None of the
Submissions shall be subject to any obligation of confidence on the part
of EYEIT.COM, and EYEIT.COM shall not be liable for any use or disclosure
of any Submissions. Without limitation of the foregoing, EYEIT.COM shall
exclusively own all now known or hereafter existing rights to the
Submissions of every kind and nature throughout the universe and shall be
entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to the provider
of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or e-mail function
offered as part of EYEIT.COM. You shall not upload to, distribute through,
or otherwise publish through EYEIT.COM any content which is libelous,
defamatory, obscene, pornographic, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable that would
constitute or encourage a criminal offense, violate the rights of any
party, or that would otherwise give rise to liability or violate any law.
The Forums shall be used only in a
noncommercial manner. You shall not, without our express written approval,
distribute or otherwise publish any material containing any solicitation
of funds, promotion, advertising, or solicitation for goods or services.
You specifically acknowledge that soliciting other EYEIT.COM guests to
join or become members of any commercial online service or other
organization is expressly prohibited.
It is our policy to respect the privacy
of all guests. Therefore, in addition to the privacy of Registration data
(see our Privacy Policy), we will not monitor,
edit, or disclose the contents of a guest's e-mail unless required in the
course of normal maintenance of EYEIT.COM and its systems or unless
required to do so by law or in the good-faith belief that such action is
necessary to: (1)comply with the law or comply with legal process served
on EYEIT.COM; (2) protect and defend the rights or property of EYEIT.COM;
or (3) act in an emergency to protect the personal safety of our guests or
the public. Guests shall remain solely responsible for the content of
their messages.
By uploading materials to any Forum or
submitting any materials to us, you automatically grant (or warrant that
the owner of such materials has expressly granted) us a perpetual,
royalty-free, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from
and distribute such materials or incorporate such materials into any form,
medium, or technology now known or later developed throughout the
universe. In addition, you warrant that all so-called "moral
rights" in those materials have been waived.
Never assume people are who the say they
are, know what they say they know, or are affiliated with whom they say
they are affiliated with in any chat room, message board, or other user
generated content area. Information obtained on message boards or in chat
rooms is no substitute for independent research, and it's not a good idea
to trade or make any investment decisions based solely or largely on
information you can't confirm. EYEIT.COM cannot be responsible for the
content or accuracy of any information, and shall not be responsible for
any trading or investment decisions made based on such information.
CONTENT LINKED TO EYEIT.COM
EYEIT.COM encourages you to exercise discretion while browsing the
Internet using this service. EYEIT.COM may produce automated search
results or otherwise link you to sites containing information that some
people may find inappropriate or offensive. EYEIT.COM makes no
representations concerning any effort to review the content of sites
listed in our catalog (indeed, given the size of our catalog and the
frequency with which it is updated, such review would be practically
impossible). Consequently, EYEIT.COM is not and cannot be held responsible
for the accuracy, copyright compliance, legality or decency of material
contained in sites listed in our search results or otherwise linked to the
EYEIT.COM site.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, EYEIT.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EYEIT.COM
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. EYEIT.COM DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT EYEIT.COM) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
DISCLAIMER REGARDING SEARCH
Search and Directory are free services offered by EYEIT.COM that are
provided by third parties. Because the Web changes constantly, no search
engine technology can possibly have all accessible sites at any given
time. Thus, EYEIT.COM explicitly disclaims any responsibility for the,
content or availability of information contained in our search index or
directory or those of any third party sites.
In no event shall EYEIT.COM be liable to
anyone for any delays, inaccuracies, errors or omissions with respect to
the Information or the transmission or delivery of all or any part
thereof, for any damage arising therefrom or occasioned thereby, or for
the results obtained from the use of the Information. EYEIT.COM will not
be responsible if any Information infects or contaminates a USER's system
or information. The entire risk as to the quality and performance of EYEIT.COM
and the accuracy, adequacy, completeness, currentness, validity and
quality of any Information is with the USER.
DISCLAIMER TO USERS OF EYEIT on
SHOPPING
EYEIT.COM has created EyeIT on Shopping in order to help you find as
many prominent online retailers as possible, rather than to endorse only a
few. Although we have reviewed each site linked from EyeIT on
Shopping, the sites that are linked to EYEITONLINE.COM from merchants or
other Shop Channels are owned and operated by independent retailers, and
therefore, we cannot ensure that you will be satisfied with their
products, services, or business practices.
That said, please understand that by
viewing the EyeIT on Shopping you are acknowledging and agreeing to the
following terms and conditions:
The merchandise, products or services
(collectively, the "Merchandise") offered to you from links from
EYEITONLINE.COM are provided by third parties who are not affiliated with EYEIT.COM.
EYEIT.COM does not endorse any of the Merchandise, nor has EYEIT.COM taken
any steps to confirm the accuracy or reliability of any of the information
contained in such third parties' submissions to EYEIT.COM or
EYEITONLINE.COM or the Web sites of such third parties. EYEIT.COM cannot,
and does not, make any representations or warranties as to the security of
any information (including, without limitation, credit card and other
personal information) you might be requested to give any third party. You
are strongly encouraged to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction
with any of these third parties.
CREDIT CARDS
EYEIT.COM takes the issue of your privacy very seriously. We will not
provide your credit card number, billing and shipping information unless
required to do so by law or in the good-faith belief that such action is
necessary to: (1)comply with the law or comply with legal process served
on EYEIT.COM; (2) protect and defend the rights or property of EYEIT.COM;
or (3) act in an emergency to protect the personal safety of our guests or
the public. However, EYEITONLINE.COM has many third party
links. EYEIT.COM recommends you review each merchant's Terms of Use
and Privacy Policies before providing any privacy information such as
name, shipping address, credit card numbers, etc. Third party
merchants are solely responsible for how they use that information and any
other information they independently acquire from you or about you.
For more information, please read our Privacy
Policy.
To protect the security of your credit
card information, we employ the industry-standard Secure Sockets Layer (SSL)
technology. We also encrypt your credit card number and other privacy
information whenever we transfer that information to our off-line database
or across the network.
INDEMNIFICATION
MEMBER IS ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
MEMBER'S PASSWORD AND ACCOUNT. FURTHERMORE, MEMBER IS ENTIRELY RESPONSIBLE
FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER MEMBER'S ACCOUNT AND AGREES
TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PROVIDERS FOR ANY LIABILITY OR
EXPENSE ARISING FROM SUCH USE OR MISUSE. MEMBER AGREES TO IMMEDIATELY
NOTIFY THE PROVIDERS OF ANY UNAUTHORIZED USE OF MEMBER'S ACCOUNT OR ANY
OTHER BREACH OF SECURITY KNOWN TO MEMBER.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EYEIT.COM
BE LIABLE FOR ANY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THIS SITE, EVEN IF EYEIT.COM OR AN EYEIT.COM
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EYEIT.COM'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented solely
for the purpose of promoting programs, products, services, and other
products available in the United States, its territories, possessions, and
protectorates. This site is controlled and operated by EYEIT.COM from its
offices within the State of Virginia, United States of America. EYEIT.COM
makes no representation that materials in the site are appropriate or
available for use in other locations. Those who choose to access this site
from other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are
applicable. Software from this site is further subject to United States
export controls. No software from this site may be downloaded or otherwise
exported or reexported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders or in violation of any other federal
rule or regulation. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
TERMINATION
These terms are effective until terminated by either party. You may
terminate these terms at any time by destroying all materials obtained
from any and all EYEIT.COM site(s) and all related documentation and all
copies and installations thereof, whether made under the terms of these
terms or otherwise. These terms will terminate immediately without notice
from EYEIT.COM if in EYEIT.COM's sole discretion you fail to comply with
any term or provision of these terms. Upon termination, you must destroy
all materials obtained from this site and any and all other EYEIT.COM
site(s) and all copies thereof, whether made under the terms of these
terms or otherwise.
OTHER
These terms shall be governed by and construed in accordance with the laws
of the State of Virginia, without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the state or
federal courts located in Fairfax County, Virginia and you hereby consent
and submit to the personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these terms shall be
unlawful, void, or for any reason unenforceable, then that provision shall
be deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and shall not be modified
except in writing, signed by both parties.
NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Notification must be submitted to the
following Designated Agent:
Service Provider(s):
EYEIT.COM Inc.
Name of Agent Designated to Receive Notification of Claimed
Infringement: James R. Ward
Full Address of Designated Agent to Which Notification Should be Sent:
P.O. Box 31292, Alexandria, VA 22310
Telephone Number of Designated Agent: (703)921-5468
Facsimile Number of Designated Agent: (703)313-4641
Email Address of Designated Agent: requests@eyeit.com
To be effective, the notification must
be a written communication that includes the following:
1. A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to
permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number, and,
if available, an electronic mail address at which the complaining party
may be contacted;
5. A statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
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