Terms of Use

 

The website and mobile application that you are in present time viewing (collectively the “Site”), is owned by Opticsfit.com (which will be referred to from herein after as “We”, “Us”, or “Opticsfit.com”).You are granted access to the Site and our online Store, products and services (herein after called “Services”), subject to the following Terms and Conditions. By surfing (browsing), accessing, utilizing, registering for, purchasing or attempt purchasing merchandise on the Site, or otherwise using our Services, you agree to all the following terms and conditions, including but not limited to any policies referred to herein (collectively these “Terms”). Please read these Terms carefully, and for any clarification we expect your contact, prior to accessing, using any of the Services. We reserve the legal right to change the Site, Terms and Policies at any given time. If you disagree or bounded by the Terms unwillingly, you are not to browse, use, access, utilize, register for, purchase or attempt purchasing merchandise of the Site. You accept and warrant that you are over 18 years of age, or alternatively, that you are browsing, visiting the Site under parent or guardian supervision. These Terms are a binding legal agreement, between you (“You”, “your”, “User”, “Customer”, “Individual/s”) and the Site.

Privacy Notice

Our Privacy Notice, which also presides over your visit to the Site, can be found at Privacy Notice. Please review our Privacy Notice for relative details and information on how We collect, use and share information about our users.

Use Of The Site

We provide you with (herein after referred to as “allowance”, “permit”, “license grant”) a limited license to access, browse, register for, purchase or attempt to purchase merchandise on the Site, collectively make use of the Site’s content. This permit is non-proprietary, cannot be transferred to other individuals and cannot be sublicensed to any other. This permit does not include or imply any of the following: (a) resale, distribution, re-distribution or commercial use of the Site or its content therein; (b) the collection and / or use of product listings, descriptions and content therein; (c) derivative use of the Site and its content (protected by the Copyright law); (d) use of any data mining, robots, or similar data convocational methods or applications on the Site. You are not allowed to use any engineering software, such as framing technology or techniques, to bound any of Our trademark, logo, content or other intellectually protected information of the Site (including images, content of all types, layout and design of pages of the Site, or forms that can be found on the Site) without the expressed written consent of the Site. Moreover, you are not allowed to use any meta elements such as” Tags” or any other “hidden text” utilizing Our name, trademark, logo, product name and / or services without Our expressed written consent. The above and following Terms are subject to your compliance and any breach of the above and following Terms shall result to the immediate revocation of the permit, without a prior notice to you. A license is granted to you which is limited, rescindable and non-exclusive license to create a hyperlink to the homepage of the Site, as long as the hyperlink does not represent Us or Our services, products, and in other terms the Site, in any false, misleading, disparaging or otherwise offensive manner or matter. This permit, as stated, can be revoked at any given time without prior notice to you. You are not to use any of the Site’s logos, graphics or trademarks as a part of the Hyperlink, without Our expressed written consent.

Account Access & Registration

As for you to be able to access specific information or data of Site, you might be required to set up your account (i.e. Register an Account on the Site). This might require or We might request from you, to select your personal password, User name or account identification. When you register on the Site, you Agree to provide Us with accurate, truthful and complete information, and to inform Us promptly of any updates or changes to such details. You are the sole responsible, for protecting your account’s password, username and identification that is assigned to you (collectively the security and confidentiality of your account). In the event you identify unauthorized use of your account, or any other reach or potential breach of the Site’s security, you are called to inform us of such event, immediately. You are hold accountable for the use of the Site in a manner that is consistent and respectful to all the Terms informed on the Site and We hold no obligation to investigate the use of an account’s information, or authorization of usage or source of access or use of the Account’s user of the Site. YOU ARE THE SOLE RESPONSIBLE FOR THE CONFIDENTIALITY OF YOUR ACCOUNT’S INFORMATION, ACCESS OF THE ACCOUNT, THE USE OF THE SITE BY ANYONE YOU HAVE APPOINTED TO USE YOUR ACCOUNT. YOU ARE THE SOLE RESPONSIBLE TO HOLD YOUR PASSWORD AND IDENTIFICATION ASSIGNED TO YOU BY THE SITE SAFE, WHETHER OR NOT SUCH ACCESS AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU INCLUDING WITHOUT LIMITATION, OBLIGATIONS (INCLUDING FINANCIAL COMMITMENTS / OBLIGATIONS THE ACCOUNT MIGHT HAVE CONTRACTED WITH THE SITE), COMMUNICATION AND TRANSMISSIONS, AT ALL TIMES.

Electronic Communication

By using the Site, fill in the Contact Us form, send emails to Us, or make use any of the Contact information provided to you by the Site, you are communicating with Site electronically. Using the electronic form of communication you agree, consent, that the Site is able to contract with you, and address to you in the same manner (i.e. electronically). We reserve the right to communicate with you by email or by sending notices through the Site or through the use of other services of the Site. Since your initial point of contact, was through the use of the Site’s features or information provided on the site (i.e. Our contact information), you Agree that all notices, agreements, information and other communication We provide to you electronically, satisfy and cover, ANY and ALL legal requirement, that such communications be in writing.

User Content

The Site may include features and functionality (“Interactive Features”) that allows a user to design, post, repost, pass on or stock content (i.e. text, music, sound, photos, video, graphics, code) on the Site, affiliate sites and Social Media (i.e. “User Content”). User Content is publicly detectable and open, and might involve a user’s profile data and any material the user posts in conformance to their profile, but it does not involve the user’s account information or sensitive information the user submits when making a purchase or in attempt to make a purchase. You agree that you are the sole responsible for your User Content and for the use of Interactive Features by your account, and that the use of any Interactive Features is at your own risk. By using any Interactive Areas, you agree that you will not design, post, repost, pass on, distribute or stock content or otherwise publish or send through the Site, affiliate Sites and Social Media, any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
  • User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
  • User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
  • Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

Additionally, you agree that when you post, repost, create, design, share any User Content, you have not violated any other person’s rights, intellectual property, copyrights or trademarks and that you have acquired all permissions and have fully complied with any third-party licenses to such content. You agree that you are the sole responsible and shall pay all royalties, fees and any other financial obligations, requirements, agreements required to be paid in connection with User Content that you provide on or through the Site, affiliate Sites or Social Media.

User Content Rights

We claim no ownership or control in any User Content, unless as alternatively given in these Terms in the Site or affiliate sites, or in a separate contract between you and Us is agreed otherwise. Nevertheless, by creating, posting, submitting or sharing  User Content on the Site, affiliate sites or social media, you grant to Us, a royalty-free, nonexclusive, global, irrevocable, transferable, interminable right to use, reproduce, amend, adjust, publish, interpret, create derivative works from, distribute, execute and exhibit such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, that are currently published or developed in a later stage, for any purpose whatsoever and without any compensation or liability to you.

Additionally, you allow other users of the Site to access your User Content presented on the Site, affiliate sites and social media. You agree and warrant that User Content that is shared, posted, designed (collectively “published”) on the Site (a) is non-confidential, non-sensitive and unclassified; (b) you own and control all rights, copyrights and interest in and to such content or alternatively you have acquired all such rights from title or copyright owners to use, post, publish such content on the Site, affiliate sites and social media and you grant to Us these and such rights, by publishing the User Content on the Site, affiliate sites and social media related to the Site; (c) User Content is accurate, truthful, unharmful and non-deceptive in any way, and (d) the use of such Content by you and publishing of User Content herein after in connection to the Site, affiliate sites and related social media, do not and will not violate these Terms, guidelines that are posted by the Site, any other applicable terms of the Site or policies of the Site, or any applicable law, rule and / or regulation.

Feedback

You have the right to set forth questions, observations and comments, your suggestions, reviews and ideas, your notes and proposals, your personal creative designs or materials or drawings and other, relative information regarding the Site, our product and service (herein after called “Feedback”). It is accepted that such Feedback is unclassified and non-confidential and you grant to Us sole proprietary and ownership. We will exclusively own the rights and all intellectual rights to such Feedback and you grant to Us the right to unrestricted, unlimited use and distribution of the Feedback for any purpose, reason, commercial, marketing, patent or otherwise without any compensation or acknowledgement to you.

Restrictions on Rights to Use

By accessing the Site, Site’s features, affiliate sites and related social media, you agree that you will not (additionally, that will not permit another individual or institution, entity, system using your Account User information and identification, to):

  • download, stock, alter, reproduce, duplicate, copy, adjust, translate, derive or duplicate the system of the Site, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Site, except and to the extent specifically informed on these Terms;
  • remove, withdraw or tamper with any copyright, trademark, logo or other proprietary rights notice contained in or on the Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site (current or developed in the future) or Our affiliate sites and /or related social media content;
  • accumulate any information about other users of the Site (including usernames and/or email addresses) for any purpose other than to request and/or share reviews and/or feedback with other users;
  • reformat or frame any portion of any Web pages that are part of the Site or any future developed parts of the Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Site;
  • submit to the Site, the affiliate sites and / or related social media, any content that falsely states or implies that such content is sponsored, endorsed or countersigned by us;
  • transmit or upload to the Site, affiliate sites and / or social media any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of the Site by any user;
  • use the Site or affiliate sites and / or social media, to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to the Site, affiliate sites and / or related social media any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content (other than your personal User Content), offered on the Site, affiliate site and / or related social media, other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
  • use the Site, affiliate sites and / or related social media, and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

You are the sole responsible of your user activities on the Site, the affiliate sites and / or related social media and we have no obligation, requirement or liability to control any user’s performance to the designated areas and Site. We do hold the apparent right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

Ownership

All content (excluding User Content), material, photos, images, coding, texts, graphics, audio and video clips, and all other aspects of what is displayed on and by the Site (collectively “Site content”), and all derivatives from the content of the Site, affiliate sites and / or social media are all owned by Us or our licensors and protected by applicable copyright laws. In addition, all improvements or modifications from herein after, all derivative works based upon and thereon, the collection, arrangement and assembly of this Site and Site content, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are also owned by Us or our licensors and protected by applicable copyright laws.

Any use of Our trademarks, logos or service marks without our expressed written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion or is misrepresented in any way or form. You may not use our trademarks or service marks in any way that diminishes, offends, misrepresents or discredits us. You may not use any of our trademarks or service marks in meta tags or meta key words without Our prior explicit written consent. Nothing in these Terms shall be deemed to grant to you or any other user or entity, legal or not, any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.

Purchases on this Site

General Information: It is agreed that all of the Transactions performed on the Site, are placed and processed electronically. In case We proceed with a non-electronically form of Transaction, that Transaction is still governed by these Terms unless We and you have entered into a different written agreement, with Terms that we have provided you with. You are in charge to keep a record of these Terms, either by printing out a copy or making an electronic copy (i.e. electronically save) of the Terms and any other contract that We and You may have contracted, or any disclosures, notices we may have or will be sending you in the future. When We fulfill an order, that is placed by you, either directly to you or through you to another individual, you agree to pay the handling and shipping charges that are informed on the Site. Additionally, we reserve the right to amend (i.e. increase, decrease) the pricing of the products or services, amendments that will be displayed on the Site. You are responsible to over view the Site , for the current charges on handling and shipping, information that will be displayed to you on order information.  By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. All returns are governed by our Return Policy, which can be found below, at Section D. of these Terms.

A. Proceeding with an Order on the Site.

(i) Purchase Information: So as to proceed with a purchase on the Site, you are required to provide your full, accurate and truthful details, as described and governed by these Terms. You need to provide your full name details, correct, accurate and legitimate address and your shipping information. It is required that you provide your phone number, your payment details (Credit card information, expiry date and CVV code, payment email address etc.). Additionally, you might be required to provide the frames of your choice, the type of lenses you prefer, tints, filters and/or coatings, the Pupillary distance and the RX prescription that is given to you by your personal eye-doctor. THE SITE INFORMS AND EXPLICITLY REQUESTS THAT ALL RX PRESCRIPTIONS THAT ARE SUBMITTED IN THE SYSTEM, ARE NOT MORE THAN 2 YEARS OLD SINCE THE PRESCRIPTION MAY HAVE CHANGED SIGNIFICANTLY WITHIN THIS TIME FRAME. PLEASE CONSULT WITH YOUR DOCTOR OR EYE CARE PHYSICIAN, CONSULTANT TO CONFIRM OR UPDATE YOUR PRESCRIPTION, PRIOR TO SUBMISSION ON THE SITE. You may choose if you like to save the prescription details in your user account, for future reference and / or use. (ii) Cancellation or Update of an Order: Please be aware that once an order is submitted, you have up to 24 hours, to inform us in written, in case you have changed your mind or you wish to alter details of your order. You are able to communicate with us, either by sending an email to the address: [email protected] or by contacting us through our “Contact Form” and let us know of whatever changes, alterations you may have decided. In case 24 hours have passed, unfortunately the orders cannot be cancelled or altered in any way, and we are NOT responsible for any wrong entries or false data that might have been given at the time of purchase. All products displayed on the Site and subsidiary channels, affiliate sites and / or related social media, are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

B. Order Delivery Information:

All information provided by you regarding the delivery of orders, will be placed in the Shipping details of the order. Please be sure to provide complete and accurate information on the shipping details of your orders. All orders are manufactured and shipped from China, and are delivered worldwide via China Post or if selected by the user, via couriers such as FEDEX, UPS, DHL. Delivery time-frame varies according to the shipping carrier chosen: China Post: 10-35 working days from shipment date, FEDEX Economy:10-15 working days from shipment date, FEDEX Priority:8-12 working days from shipment date, UPS / DHL: 5-10 working days from shipment date. Once an order clears payment and the 24 hour waiting period has come to pass, the order are sent to the warehouses to be prepared for shipment. According to the order specifics, it requires between 8-12 days for an order to be shipped out. The processing time depends on the RX prescription, the type of lenses and coating the user chooses, and even on situations that we cannot foresee, predict (such as customs inspections, strikes, extreme weather phenomena, pandemics). Take into consideration that such unpredictable events, limit our ability to provide an exact processing or delivery time-frame since they are out of our control.

C. “Fit Your Text” Option:

On the “Fit Your Text” option, you are able to choose your own design, logo and wording to be engraved on the frames of your choice. You accept and guarantee, that whatever image, logo, wording or design you choose to implement on your frames, you hold the license, rights or copyrights in order for such implementation to take place. You guarantee that you are not taking advantage of any third party’s intellectual property and you are authorized to request the engraving of your selected design. The site is not obligated to know the source of each design that a user might request from Us to implement on their frames nor do We take any responsibility in case of any intellectual infringement, or claims by a third party, entity (including but not limited to any financial claims) that may derive from the use of this feature. The sole responsible for each selected design is the user behind the said requests, and the sole responsible to disburse third parties of claims related to rights (including intellectual property rights), royalty-fees and / or related fees, is the user requesting each design.

D. Returns Information:

The Site is more than glad to accept a product back if for any reason you do not find yourself to be 100% satisfied with what you have received. All of our customers have a 30-day window to decide if they want to keep the item they have received, starting from the day their product was delivered to them.

It is required that you contact Us directly, in written, to the email address: [email protected] or by contacting Us through the “Contact Form”, informing Us of your decision to return an item, in order for Us to provide all the information needed for the return and to  facilitate as much as We can, the return process.

If you have changed your mind about the product, and you are returning it with all labels and accessories unharmed and in a perfect condition, you are able to choose to (a) receive one hundred percent (100%) refund of your payment, or  (b) a replacement item of similar value. In all cases refunds are performed excluding the shipping costs initially paid for the item, and the return shipping cost.

If for any reason We did not ship the correct product to you, once the item is inspected and it is confirmed that an error occurred from Our side, We will return one hundred percent (100%) of the payment including whatever was paid by you to send the item back to Us.

The Site offers compensation either in the form of a refund or a replacement item. In case a replacement item is chosen as the compensation method, depending on the circumstances, you might need to pay the shipping cost for the item to be sent out to you.

In all cases, compensation will be provided once the returning item is delivered back to Our warehouses, and it is inspected. You will be notified within 72 hours from the moment an item is received back, as to arrange the form of compensation. You are able to contact Us at all times, to check with Us what the status of the returning package is.

Refunds are processed to the Credit Cards that were initially used to pay for the items. You will need to make sure that the Credit Cards you are using are up-to-date and able to receive refunds from the processing companies (i.e. are not expired). If a refund does not reach the designated Credit Card account holder due to expiration or inactivity, the Site does not have any obligation to reimburse in any other format the Credit Card account holder. The Site urges the customers to be in contact with their Credit Card companies at all times, if any suspicious activity is detected on their account.

Links

You are advised that the Site operates with links to third party websites. Third Party websites, have their own Terms and Conditions, Terms of Use (collectively “Terms”) and in no way does the Site share the same Terms as these third parties. YOU ARE THE SOLE RESPONSIBLE TO REVIEW ALL THIRD PARTY WEBSITES TERMS, IN ORDER TO KNOW WHAT THEIR TERMS AND POLICIES ARE PRIOR YOU CONTINUE USING THEIR SERVICES. WE DO NOT CONTROL, OVERLOOK, NOR ARE WE RESPONSIBLE FOR CONTENT, MATERIAL THAT IS VIEWED ON THIRD PARTY WEBSITES, NOR ARE WE LIABLE FOR ACTIONS TAKEN ON THIRD PARTY WEBSITES, BY YOU.

Termination

You have every right, in case you find yourself to disagree with the Terms, to terminate your account with Us, by closing, terminating, deleting your user account and providing Us with a written termination notice. Concurrently, We reserve the right, in our sole discretion and without any prior notice to you, to terminate your account, to limit or terminate your use of the Site, to limit or terminate the use of portions of the Site, limit or terminate or intercept any of your future use of the Site, its features and / or services, if We conclude, determine that this is for and of the Site’s best interest.

Indemnification

To the maximum extent permitted by public policy, common law or statute, you accept that you will defend, indemnify and keep harmless Us, our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) derivative of or from or associated with (a) your access to and use or misuse of the Site, subsidiary channels, affiliates and /or Social media; (b) any User Content you post, repost, upload, use, distribute, stock or otherwise publish on or through this Site; (c) any Feedback you provide or solicit; (d) the infringement of these Terms by you; and (e) your violation of any rights of another individual and or entity. You accept and guaranteed to swiftly notify Us of any third party Claims, collaborate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that We shall have the right to control of the defense or settlement of any third party Claims.

Disclaimers

Except as expressly provided, the Company (Opticsfit Ltd.), the Site, including all Site Content, and services provided on or in connection with the Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either expressed or implied.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE AND ALL CONTENT, MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, PRODUCTS WE SELL OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OUR PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.

Exclusivity of Remedy; Limitation of Liability

Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Remedies

You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

Modifications to Site

We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Notice, which can be found at privacy notice, and any notices regarding the Site.

Questions

Questions regarding these Terms, Our Privacy Notice, or other policy related material can be directed to Our support staff by emailing us at: [email protected] or by contacting Us, through the “Contact Us” form of the Site.