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Terms and Conditions

Eyemart Express and its affiliates, maintain these sites and texting services (the "Site") for your personal information, communication and commerce. The Customer ("You") may not, distribute, modify, transmit, reuse, re post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Site's written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and the Site are superseded and of no force or effect. If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Site.


Disclaimers

Neither the Site nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site or services including text messaging services. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SITE SHALL NOT BE LIABLE FOR THE CONTENTS OF ANY WEB SITES OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY CLIENT INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO CLIENT. IN NO EVENT SHALL THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE SITE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE SITE WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. THE SITE MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Site also 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 the Site or your downloading of any materials, data, text, images, video, or audio from the Site. While the Site uses reasonable efforts to include accurate and up to date information in the Site, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site. The Site also has not reviewed all of the content within and any external sites linked to the Site and is not responsible for the content of any on-site and off-site pages or any other sites linked to the Site. Your visits to the Site and any other off-site pages or other sites is at your own risk. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Site will fully cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any such information or materials.


Indemnity

You agree to indemnify and hold harmless the Site, and its affiliates, officers, agents, co-branders or other partners, and employees from any third party claim or demand (including actual attorneys' fees) due to or relating to your use of the Site, your violation of these Terms of Service, or content you submit to or post on The Site including, without limitation, claims for infringement of copyright or other intellectual property rights and violation of rights of privacy and publicity.


Intellectual Property

You should assume that everything you see or read on the Site is copyrighted by law and unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the explicit written permission of the Site. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with the Site. Any information you post on the Site, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, advertisements, listings, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Site is free to use any information, ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information. Images of people or places displayed on the Site are either the property of, or used with permission by, the Site. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including Eyemart Express, Vision4Less, Visionmart Express, and Eyewear Express are registered and unregistered Trademarks of the Site and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Some third party companies may claim rights to intellectual property that is either provided, used by, or referenced from this site. GeoTag contends that certain activities provided via this website may be covered by U.S. Patent 5,930,474.


Acceptable Use

You agree to use our Site and the Content (whether provided by us or others), as well as any Software provided in connection with the Site, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site, related Software, or Content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that: is unlawful, abusive, defamatory, obscene, pornographic, invasive of another's privacy, ethnically or otherwise offensive, hateful or abusive; infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights; removes any proprietary notices or labels on the Content; advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party; makes derivative uses of the Sites or the Content; is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity; specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband; constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited communication; interferes with others using the Sites; is off-topic according to the description of the group, forum or webpage; contains any computer code, files, or programs that are designed or intended to disrupt or limit the functioning systems or equipment; contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme; disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked websites, material, contents, products and/or services; uses any robot, spider, or other such programmatic or automatic device to obtain information from the Site; creates a false identity for the purpose of misleading others; copies any user information and/or usage information to any third party; uses any EyemartExpress.com domain name as a pseudonymous return email address; contains any offer for unsolicited goods or services or any advertising or promotional materials; provides material support to any organization(s) designated by the United States government as a foreign terrorist organization; provides material support to any organization(s) designated by the United States government as a foreign terrorist organization; attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools; reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Sites or Content; publishes, publicly performs or displays, or distributes to any third party any Content; systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods.

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