Terms & Conditions

Introduction

This document defines the terms and conditions for the use of the website located at EyeKonect.com (the “Site”), which is owned and operated by EyeKonect (“us,” “we,” or “our”). These terms and conditions govern your use of the Site; by using the Site, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Site.

You must be at least 18 years of age to use the Site. By using the Site and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

The Site uses cookies. By using the Site and agreeing to these terms and conditions, you consent to the use of cookies in accordance with the terms of our Privacy Policy.

License to Use Our Website

Unless otherwise stated, EyeKonect and/or its licensors own the intellectual property rights to the Site and information presented thereon. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from the Site (including republication on another website);
• sell, rent or sub-license material from the Site;
• show any material from the Site in public;
• reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose;
• edit or otherwise modify any material on the Site; or
• redistribute material from the Site except for content specifically and expressly made available for redistribution

Acceptable Use

You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without the express written consent of EyeKonect.

Restricted Access

Access to certain areas of the Site is restricted. EyeKonect reserves the right to restrict access to certain areas of the Site, or indeed this entire website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you are prohibited from sharing those credentials with any other party and you must ensure that such credentials are kept confidential.

We may disable your user ID and password at our sole discretion without notice or explanation.

In these terms and conditions, “user content” refers to material (including without limitation: text, images, audio, video and audio-visual) that you submit to the Site, for whatever purpose.

You grant to EyeKonect a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action against you, us, nor a third party (in each case under any applicable law).

You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to the Site, stored on our servers, or published upon the Site.

No Warranties

The Site is provided “as is” without any representations or warranties, express or implied. EyeKonect makes no representations or warranties in relation to the Site or the information and materials provided on the Site.

Without prejudice to the generality of the foregoing paragraph, EyeKonect does not warrant that:

• the Site will be constantly available, or available at all; or
• the information on the Site is complete, true, accurate or non-misleading.

Nothing on the Site constitutes, or is meant to constitute, advice of any kind.

Limitations of Liability

EyeKonect will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Site:

• to the extent that the Site is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss.

Exceptions

Nothing in the Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Site disclaimer will exclude or limit the liability of EyeKonect in respect of any:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation on the part of EyeKonect; or
• matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using the Site, you agree that the exclusions and limitations of liability set out in the Site disclaimer are reasonable.

If you do not believe they are reasonable, you must not use the Site.

Other Parties

You accept that, as a limited liability entity, EyeKonect has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against officers or employees in respect of any losses you suffer in connection with the Site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Site disclaimer will protect EyeKonect and its officers, employees, agents, subsidiaries, successors, assigns and sub-contractors thereof.

Unenforceable Provisions

If any provision of the Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Site disclaimer.

Indemnity

You hereby indemnify EyeKonect and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to other rights of EyeKonect under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as deemed appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your Internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

Variation

EyeKonect may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Site from the date of the publication of the revised terms and conditions on the Site. It is your sole responsibility to check this page regularly to ensure you are familiar with the current version.

Assignment

EyeKonect may transfer, sub-contract or otherwise deal with the rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and EyeKonect in relation to your use of the Site, and supersede all previous agreements in respect of your use of the Site.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of Texas, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts thereof.