Terms and Conditions of www.eyconix.com Site Usage
Eyconix provides all information on this World Wide Web site (including the underlying HTML files that implement the hypertext features, hereinafter this "Site") exclusively under the following Terms and Conditions:
1. Ownership, License and Restrictions on Usage
1. A. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Site belongs to EYCONIX. In addition, the names, images, pictures, logos and icons identifying EYCONIX's products and services in many countries are proprietary marks of EYCONIX except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.
1. B. You are hereby granted a nonexclusive, nontransferable, limited license to view, download, reproduce, print, and distribute insignificant portions of materials retrieved from this Site provided:
(a) the Site and its information are used only for personal, informational, and non-commercial purposes;
(b) you do not modify any of the materials; and
(c) you do not remove or obscure the copyright notice or other notices.
Except as expressly provided above, no part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission of EYCONIX.
1. C. Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in Federal Acquisition Regulations System (FARS), 48 C.F.R. §52.227-19 and Department of Defense Federal Acquisition Regulation System (DFARS), 48 C.F.R. §252.227-7013.
2. User's Grant of License
By submitting information to EYCONIX through this Site, you (1) grant EYCONIX the right to use, reproduce, download, print, display, adapt, modify and distribute the information in any form for any purpose, and (2) warrant and represent that you own or otherwise control all rights in and to the information and that use of the information by EYCONIX will not infringe or violate the rights of any third party.
3. A. You may provide hot links to this Site provided (a) you do not remove or obscure by framing or otherwise, advertisements, the copyright notice or other notices on this Site, (b) you give EYCONIX notice of such link by sending an e-mail to email@example.com, and (c) you discontinue providing hot links to this site if requested to do so by EYCONIX.
3. B. This Site may provide links to other sites on the internet. These sites are not under the control of EYCONIX. The inclusion of a link to a site does not imply endorsement or sponsorship of the site by EYCONIX. You acknowledge that EYCONIX is not responsible for the accuracy, copyright compliance, legality, decency or any other aspects of the content of such sites.
4. A. This site is provided on an "as is," "as available" basis and EYCONIX expressly disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. While EYCONIX makes every effort to present accurate and reliable information on the Site, EYCONIX does not endorse, approve or certify such information, nor does it guarantee the accuracy, completeness, or efficacy of such information. Use of such information is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy completeness and efficacy.
4. B. EYCONIX disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind, resulting from, arising out of or any way related to: (a) any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors; (b) any third party websites or content therein directly or indirectly accessed through hot links in this site, including but not limited to any errors in or omissions therefrom; (c) the unavailability of this Site or any portion thereof; (d) your use of or inability to use this Site; or (e) equipment or software in connection with this site.
5. Limitation of Liability
5. A. Under no circumstances shall EYCONIX, or any officer, director, employee, subcontractor, agent, successor, or assignee of EYCONIX, be liable for any direct, indirect, punitive, incidental, special or consequential damages of any kind whatsoever (including without limitation, attorneys' fees and lost profits) in any way due to, resulting from, or arising in connection with, this Site, including its content, regardless of whether such alleged liability is based on contract, tort, negligence or strict liability. In those jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, EYCONIX's liability in such jurisdictions shall be limited to the extent permitted by law.
5. B. Upon the request of EYCONIX, you agree to defend, indemnify and hold harmless EYCONIX and its officers, directors, employees, subcontractors, agents, successors, and assigns from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of this site.
6. Governing Law; Jurisdiction
These Terms and Conditions of Use shall be governed by, and construed in accordance with, the laws of the State of Ohio, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the state or federal courts located in the State of Ohio, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such disputes.
7. Entire Agreement; Severability of Agreement
These Terms and Conditions of Site Usage incorporate by reference any notices contained on this site and constitute the entire agreement with respect to your access to, and use of, this Site. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
8. Acceptance of Terms and Conditions of Use
By using this Site, you signify your agreement to these Terms and Conditions of Use and any additional terms, conditions and notices contained or referenced herein. If these Terms and Conditions of Use are not acceptable in full and if you do not otherwise agree to them in their entirety, you must immediately terminate your use of this site.
9. Changes to Site and Terms and Conditions of Use
This Site and these Terms and Conditions of Use may be changed by EYCONIX with or without notice. Please review this page on a regular basis for any such changes. Continued use of the Site following any change constitutes your acceptance of the change.