Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. We maintain this web site as a service to our customers, and by
using our site you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms and conditions
carefully, and check them periodically for changes. If you do not agree to
the terms and conditions, you should not review information or obtain
goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER IN ORDER TO PARTICIPATE ON
OUR SITE.
Acceptance of Agreement. You agree to the terms and conditions outlined in
this Terms and Conditions of use Agreement ("Agreement") with respect to
our site (http:www.eccontactlenses.com.au). This Agreement constitutes the
entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided by or
through the Site, and the subject matter of this Agreement. This Agreement
may be amended by us at any time and from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you
should review this Agreement prior to using the Site.
Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks, registered
trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Law, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not
constitute a waiver of any right in such information and materials.
Fraud: By becoming a member, you confirm that the information provided in
this form is true and that you agree to abide by the Terms and Conditions
of use of this site. Please note that your membership can be cancelled
without notice if it is determined that false or misleading information
has been provided, the Terms and Conditions of use have been violated, or
other abuses have occurred as determined by East Coast Contact Lenses in
its sole discretion. If membership has been revoked, East Coast Contact
Lenses reserves the right to refuse application or readmission to the
membership program.
Limited Right to Use. The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use and
not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any content, form
or document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
your personal use (but not for resale or redistribution).
Editing, Deleting and Modification. We reserve the right in our sole
discretion to edit or delete any documents, information or other content
appearing on the Site, including this Agreement, without further notice to
users of the Site.
Indemnification. You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or
use of the Site.
The staff, business owners and shareholders, family members, friends, and businesses acting on behalf of Marietta Vision of Marietta, Georgia USA, including government agencies and legal representatives, are denied permission to browse, store, or download any digital information from this website, (http://www.eccontactlenses.com.au), and agree to pay the ownwers of East Coast Contact Lenses, located in New South Wales Australia, compensation of twenty million united states of america dollars, plus our legal fees, and expenses, if the above, explore or participate in any of the above denied activities. this website. Note this website records and stores the IP addresses of website visitors. (added ninth of August two thousand and Nine)
Nontransferable. Your right to use the Site is not transferable. Any
password or right given to you to obtain information or documents is not
transferable and may only be used by you.
Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
Limits. All responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or document is
disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY
TO USE OUR SITE. Our maximum liability to you under all circumstances will
be equal to the purchase price you pay for any goods, services or
information.
Use of Information. We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our Privacy
Policy.
Third-Party Services. We allow access to or advertise third-party merchant
sites ("Merchants") from which you may purchase or otherwise obtain
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions entered into
between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
Third-Party Merchant Policies. All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to you while on
such sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither
party has authority to make any representations or commitments on behalf
of the other.
Privacy Policy. Our Privacy Policy , as it may change from time to time,
is a part of this Agreement.
Payments. You represent and warrant that if you are purchasing something
from us or from our Merchants that (i) any credit card information you
supply is true, correct and complete, (i) charges incurred by you will be
honored by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any shipping fees and
applicable taxes.
Securities Laws. This Site may include statements concerning our
operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our
intentions, plans and objectives, that are forward-looking statements.
These statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which are beyond
our control. When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans," "intends" and similar
expressions are intended to identify forward-looking statements designed
to fall within securities law safe harbors for forward-looking statements.
The Site and the information contained herein does not constitute an offer
or a solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed to
be, incorporated into any of our securities-related filings or documents.
Links to Other Web Sites. The Site contains links to other Web sites. We
are not responsible for the content, accuracy or opinions express in such
Web sites, and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web site on
our Site does not imply approval or endorsement of the linked Web site by
us. If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
Submissions. All suggestions, ideas, notes, concepts and other information
you may from time to time send to us (collectively, "Submissions") shall
be deemed and shall remain our sole property and shall not be subject to
any obligation of confidence on our part. Without limiting the foregoing,
we shall be deemed to own all known and hereafter existing rights of every
kind and nature regarding the Submissions and shall be entitled to
unrestricted use of the Submissions for any purpose, without compensation
to the provider of the Submissions.
Return Policy. Due to the nature of our online site, and the products
listed, we East Coast Contact Lenses have a strict NO RETURN policy for
any product. No product shall be able to be returned for a like item, or
for a cash refund.
Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING
DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR
ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE
LITIGATED IN THE CIRCUIT COURT OF Wyong, New South Wales OR THE relivant
DISTRICT COURT FOR THE DISTRICT OF New South Wales . YOU ARE EXPRESSLY
SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR
PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT Wyong ,
New South Wales OR THE DISTRICT OF New South Wales IS AN INCONVENIENT
FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created
and controlled by East Coast Contact Lenses , a wholey owned
subsidary of East Coast Contact Lenses in the State of New South Wales ,
Australia. As such, the laws of New South Wales will govern the terms and
conditions contained in this Agreement and elsewhere throughout the Site,
without giving effect to any principles of conflicts of laws.
Lapsed Accounts: In order to keep East Coast Contact Lenses membership
roster current, if a Member does not access his or her account for a
period of 365 days or more, East Coast Contact Lenses may, in its sole
discretion, terminate such Member's account. East Coast Contact Lenses
will endeavor to notify a Member of East Coast Contact Lenses intent to
terminate such Member's account by notice to such Member's provided email
address at least seven days prior to deactivation. If the Member fails to
respond to such email notice with seven days after the day it is sent by
East Coast Contact Lenses , such Member's account will be terminated as
noted above. Therefore, East Coast Contact Lenses strongly recommends that
all Members keep their accounts and contact data current and in use. While
East Coast Contact Lenses desires to prevent active accounts from being
terminated prematurely, East Coast Contact Lenses has no obligation to
maintain accounts that appear to East Coast Contact Lenses to have been
abandoned. Each Member agrees that failure to access his or her account
for 365 days or more conclusively indicates that such Member's account has
been abandoned and that the account may therefore be terminated.
Verify Members' Address: East Coast Contact Lenses reserves the right to
contact a Member via email to verify the accuracy of account information
(including the Member's correct name and address) that is needed to
provide the Member with the information he or she requested from East
Coast Contact Lenses.
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