Please Ensure That You Completely Read These Terms And Conditions Of Use Before Using This Site.
By using this site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the site. FitEyes.com reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time. Please check these terms regularly for changes. Your continued use of FitEyes.com following the posting of any changes to these terms will mean you accept those changes.
By using this site you expressly agree that use of FitEyes.com is at your sole risk. Neither FitEyes.com nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers, licensers, sponsors, merchants or the like, warrant that FitEyes.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of FitEyes.com and it’s services, or as to the accuracy, reliability or currency of any information content, service or merchandise provided through FitEyes.com.
General
FitEyes.com is provided on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by FitEyes.com nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, shall create a warranty, nor should you rely on any such information or advice.
Under no circumstances shall FitEyes.com or any other party involved in creating, producing, or distributing FitEyes.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use FitEyes.com, including but not limited to reliance by you on any information obtained from FitEyes.com or that result from mistakes, omissions, interruptions, deletion of files or email, delays in operation, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to FitEyes.com’s records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through FitEyes.com. Due to the fact that some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. FitEyes.com may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
FitEyes.com makes no representations whatsoever about any other web site which you may access through this one. When you access a non-FitEyes.com web site, please understand that it is independent from FitEyes.com, and that FitEyes.com has no control over the content on that web site. In addition, a link to a non-FitEyes.com web site does not mean that FitEyes.com endorse or warrants in any way whatsoever or accepts any responsibility, from the use of such web site.
Limitation Of Liability
Under no circumstances whatsoever shall FitEyes.com be liable for any loss of data, lost profits or any damages including, without limitation, any indirect, special, incidental, consequential or other damages that result from the use of, or inability to use, the materials in this site, even if FitEyes.com or a FitEyes.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 damages or consequential damages , so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, in no event shall FitEyes.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. By using this site you agree to hold FitEyes.com harmless in all capacities to the fullest extent allowable by law.
Content Proprietary Rights You (“User”) acknowledge that FitEyes.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, program code, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Australian copyright laws and FitEyes.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Reverse engineering or decompilation of any program code(s) is strictly prohibited. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Third Party Content
FitEyes.com has no editorial control over third party content. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including providers, merchants, sponsors, licensers, or any other user of FitEyes.com, are those of the respective authors or distributors and not of FitEyes.com or its affiliates or any of its officers, directors, employees, nor any of its officers, directors, employees, or agents, nor any third party, including any provider, merchant, sponsor, licenser, or any other user of FitEyes.com, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through FitEyes.com represents the opinions and judgments of the respective provider, merchant, sponsor, licenser, or user not under contract with FitEyes.com.
FitEyes.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on FitEyes.com by anyone other than authorized FitEyes.com employees. Under no circumstances shall FitEyes.com, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by a user’s reliance on information obtained through FitEyes.com. It is the responsibility of the user to evaluate the information, advice, or other content available through FitEyes.com.
Distribution Of Third Party Content
Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may upload to or otherwise distribute on FitEyes.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]” used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages. You, not FitEyes.com, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted FitEyes.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on FitEyes.com retains any and all rights, which may exist in such Content.
FitEyes.com’s Rights
FitEyes.com’s rights include but are not limited to the below paragraphs.
FitEyes.com may elect to monitor any areas of the site or any of its services and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request.
FitEyes.com is not responsible in any way whatsoever for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, FitEyes.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from FitEyes.com.
FitEyes.com reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, FitEyes.com, or any rights of FitEyes.com or any third party, or to violate any applicable law.
Notwithstanding the foregoing, neither FitEyes.com nor its providers, merchants, sponsors, or licensers can ensure prompt editing or removal of questionable content after online posting. Accordingly FitEyes.com, nor any of its officers, directors, employees, or agents, nor provider, merchant, sponsor, or licenser shall assume liability for any action or inaction with respect to conduct, communication, or content on FitEyes.com.
Other
This agreement shall be governed by and construed in accordance with the laws of New South Wales. Australia without regard to choice of law rules. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Termination Of This Agreement
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials obtained from FitEyes.com, along with all related documentation and all copies and installations.
FitEyes.com shall have the right to immediately terminate this Agreement with respect to any user which FitEyes.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. FitEyes.com may terminate this agreement at any time and without notice to you. Upon termination, you must destroy all materials received from FitEyes.com.
In addition, by providing material on our web site, we do not in any way promise that the materials will remain available to you. FitEyes.com is entitled to terminate all or part of any of its site or services at any time, without notice to you.
Acknowledgment
This Agreement represents the entire understanding between you and FitEyes.com regarding your relationship with FitEyes.com and supersedes any prior statements or representations. You signify your assent to be bound by this agreement by using the FitEyes.com web site.
