Legal Information

INTRODUCTION

Welcome to the Eye Street Software Web site. Please review the following terms and conditions concerning your use of this site. By accessing, using or downloading materials from this Web site you agree to follow and be bound by these terms and conditions.

CONDUCT

You may only access and use the Web site for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Web site.

COPYRIGHT INFORMATION

Use of Web Site Information: You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from this Web site subject to the following: (1) the Documents may be used solely for personal, informational, non-commercial purposes; and (2) the Documents may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the prior written permission of Eye Street. Any use of software and accompanying documentation from this Web site is subject to the terms of a separate software license agreement between you and Eye Street. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.

TRADEMARK INFORMATION

Eye Street™, and Eye Street logos, product names, service names, and unique trade dress are trademarks or service marks of Eye Street Software Corporation. All other trademarks, service marks, and logos used on this Web Site are the trademarks, service marks, and logos of their respective owners.

FEEDBACK

Eye Street actively solicits your comments with respect to the Web site in an effort to provide our customers with a quality service. However, Eye Street may not be able to respond to your feedback and is not obligated to implement any suggestions. Any information you provide to Eye Street, including, by way of example and not limitation, comments, feedback, or other materials , will be considered non-confidential and non-proprietary and may be used by Eye Street without restriction. By submitting any such, information to Eye Street, you assign to Eye Street all worldwide rights, title and interest in any intellectual property rights, including, by way of example and not limitation, any copyrights, trademarks, patents, trade secrets, or any other similar rights, to the information.

LINKS TO THIRD PARTY SITES

This Web site may contain hyperlinks to Web sites controlled by parties other than Eye Street. Because Eye Street has no control over such sites, Eye Street is not responsible for such sites' content or accessibility via the Internet, and does not endorse any products, services, or information provided by those sites. As such, Eye Street shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any such content, goods or services available on or through any such site. Further, the inclusion of these links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Eye Street and the linked sites. Eye Street is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection with Eye Street.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND EYE STREET, ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EYE STREET HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EYE STREET IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN THE WEB SITE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION FOR ANY PURPOSE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EYE STREET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF EYE STREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS THE WEB SITE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EYE STREET'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES EYE STREET'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify and hold Eye Street, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of any content you submit, post to, e-mail or otherwise transmit through the Web site, your use of the Web site, your connection to the Web site, or your breach of these Terms of Use.

GOVERNING LAW AND JURISDICTION

This Web site is controlled by Eye Street from its offices in Chantilly, Virginia, United States of America. All matters relating to your access to, or use of, this Web site shall be governed by U.S. federal law or the laws of the Commonwealth of Virginia. You and Eye Street agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. In any action to enforce this Terms of Use, the prevailing party will be entitled to reasonable costs and attorney fees.

CHANGES TO TERMS OF USE

Eye Street reserves the right to modify the Terms of Use at any time. Any modifications shall be effective upon the posting by Eye Street of the modified Terms of Use on this Web site. You agree to review these Terms of Use periodically so that you are aware of any modifications. Your continued use of this Web site shall be deemed your acceptance of the modified Terms of Use.

CONTACTS

If you have any questions concerning legal matters with Eye Street, contact Eye Street by email at info@eyestreet.com or by phone at (888) 252-2085.

GENERAL

By accessing this Web site, you agree to the terms and conditions of this Terms of Use. In the event that any provisions of this Terms of Use are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect. This Terms of Use and any posted guidelines or rules applicable to this Web site constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled.

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