Terms and Conditions
Content and Trademarks
The Site and its entire contents, features and functionality including without limitation all information, text, graphics, user interfaces, software, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site (collectively, “Content”) is owned, controlled or licensed by or to The EyeBag® Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property or proprietary rights and unfair competition laws.
Permitted Use of the Site and Content
You may use information on The EyeBag® Company’s products and services that is purposely made available by The EyeBag® Company for downloading from the Site, provided that you (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.
Additionally, you agree not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site. Without limitation, you must not: (i) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (ii) introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (iii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
From time to time, The EyeBag® Company may provide interactive services on the Site, including but not limited to blogs and forums that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Site.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. The EyeBag® Company is not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE EYEBAG® COMPANY.
We do not undertake to review any User Contributions before it is posted on the Site, and cannot ensure prompt removal of objectionable User Contributions after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Access, Accounts, Passwords and Security
You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. The EyeBag® Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by The EyeBag® Company are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The EyeBag® Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
This Site may contain information on health-related topics. All information provided on this Site, or through links to other third party websites, is for informational purposes only and is not a substitute for obtaining proper medical advice, diagnosis, treatment or other professional care or services. You should always seek the advice of a physician or other qualified health providers with any questions regarding a medical condition or the diagnoses and/or treatment of any particular health issue to which you may be experiencing.
Links to the Site
The EyeBag® Company prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without The EyeBag® Company’s prior written consent. Similarly, The EyeBag® Company prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without The EyeBag® Company’s prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
Links to Other Sites
This Site may contain links to other independent third-party websites and social media sites (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. We have no control over the contents of Linked Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Site. The EyeBag® Company does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
The Site may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Site, send e-mails or other communications with certain content, or links to certain content, on the Site, or cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. In addition to the limitations on linking set forth above, you may not cause the Site or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.
THE EYEBAG® COMPANY DOES NOT PROMISE OR GUARANTEE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICE OBTAINED THROUGH THE SITE WILL PROVIDE SPECIFIC RESULTS OR MEET YOUR NEEDS OR EXPECTATONS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER THE EYEBAG® COMPANY OR ANY PERSON ASSOCIATED WITH THE EYEBAG® COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABLITY OF THE SITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EYEBAG® COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. THE EYEBAG® COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ITS CONTENT, YOUR SOLE REMEDY AGAINST THE EYEBAG® COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. IN THE EVENT OF ANY PROBLEM WITH A PRODUCT OR SERVICE THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE EYEBAG® COMPANY’S RETURN POLICY. THESE LIMITATIONS OF RELIEF ARE A PART OF THE AGREEMENT BETWEEN THE PARTIES.
The EyeBag® Company reserves the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site or any portion of the Site; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
IN NO EVENT WILL THE EYEBAG® COMPANY, ITS PARENTS, AFFILIATES, SERVICE PROVIDERS, LICENSEES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY LINKED SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE OR SUCH OTHER WEBSITES. THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law; Jurisdiction
All matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of England with regard to conflict of law principles. You consent to the jurisdiction of the courts of England and waive any objection to such jurisdiction.
Limitation on Time to File Claims
Use by Children
The EyeBag® Company does not offer products and services for sale to children under 18. We sell products and services for purchase by adults only. By using this Site, you are representing to us that you are 18 years of age or older. The EyeBag® Company will not be liable for any damages that may result from misrepresentation of age by a user of the Site.
Void Where Prohibited
The EyeBag® Company administers and operates the Site from its location in Calderdale, England. Other EyeBag® sites may be administered and operated from various locations outside the United Kingdom. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United Kingdom. The EyeBag® Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United Kingdom, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
COPYRIGHT INFRINGEMENT CLAIMS
All notices of copyright infringement claims should be sent to:
The EyeBag® Company Ltd
Unit 5, Calderdale Business Park
Feedback and Information
This Site is operated by The EyeBag® Company, Halifax, HX2 8DB. All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: firstname.lastname@example.org. Any feedback you provide at the Site shall be deemed to be non-confidential. The EyeBag® Company shall be free to use such information on an unrestricted basis.