Terms & Conditions

LAST UPDATE OF THESE TERMS AND CONDITIONS – 2019-02-01

ACCEPTANCE OF TERMS OF USE AND AMENDMENT.

Each time you use or cause access to the service and/or associated web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on the web site or accessed via the web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read our Privacy policy, which is incorporated within these Terms of use by reference.

EYEZON CORPORATION'S SERVICE

The web site and the services provided to you on and via the web site are provided on an "AS IS/BEST EFFORTS" basis, and may be subject to unavoidable interruptions or delays from time to time due to force majeur or other circumstances beyond the control of EyezOn and/or its service provider/partners. You agree that, coincident with your release by EyezOn from your obligations under the terms of this agreement, EyezOn Corporation reserves the right to modify or discontinue provision of the web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, in exchange for your release from the terms of this agreement. EyezOn Corporation will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

IMPORTANT FOR EYEZON DEVICES THAT USE CELLULAR DATA - ANY usage outside Continental North America could result in roaming charges that may be significantly higher - in some jurisdictions up to ten times or greater - than domestic Canada/US fees. Account holder is solely responsible for any and all charges incurred if device is powered on, carried and used internationally

YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS

In order to use the web site or certain parts of it, you may be required to register for a user account on the web site; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Terms of use, including any amendments made by EyezOn Corporation that are published herein.

REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify EyezOn Corporation of any unauthorized use of your user account, user name or password.

YOUR CONDUCT

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ('content'), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that the web site may expose you to content that may be objectionable or offensive. EyezOn Corporation will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using the web site or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor's and EyezOn's prior written consent;

(e) you will not provide any content that may give rise to the site editor or EyezOn being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

THIRD-PARTY SERVICES

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. EyezOn Corporation will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

AUTHORIZATION

By receiving this agreement, you authorize EyezOn Corporation to, at regularly monthly or annual intervals, apply such charges to your credit card as to cover any and all outstanding costs incurred in prior months, and one month's billing in advance for the any service plan(s) subscribed to. Should your available credit limit be insufficient in any given month, you will be notified, and given 15 days to remedy and make payment in full. Failing such remedy within the 15 days, EyezOn reserves the right to discontinue service at its sole discretion, at anytime thereafter.

EARLY TERMINATION

If you have purchased a product or service with a term agreement then early termination of this agreement, including renewals, without the express written consent of EyezOn Corporation, will result in a one-time administrative charge to your credit card account in the amount of $100.00 (CDN). This may be superceded by any specifice terms of a contract signed for a specific service.

RENEWAL / AUTO-RENEWAL

If you have purchased a product or service with a term agreement then you agree that the start of your contract term coincides with the date of this agreement, and continues for the period specified at the time of purchase, at which time, unless 60 days written notice has been provided, the terms of the contract will be renewed in their entirety for an additional one year term on each anniversary until such notice or other provisions for termination in accordance with the terms of this agreement have been undertaken and accepted by EyezOn Corporation.

INDEMNIFICATION

You agree to indemnify and hold harmless EyezOn Corporation and EyezON Corporation's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND OF ANY DEVICES, SERVICES OR CONTENT PROVIDED (THE 'SERVICE') IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU 'AS', AND EYEZON CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU UNDERSTAND AND AGREE THAT ANY ABUSE OR ATTEMPT TO OPEN, MODIFY, ENHANCE OR OTHERWISE TAMPER WITH ANY DEVICE (INCLUDING THE USE OF NON-EYEZON ACCESSORIES) WILL RESULT IN THE IMMEDIATE NULLIFICATION OF ANY WARRANTY, IMPLIED OR EXPRESS, FOR ANY DEVICE PROVIDED BY EYEZON CORPORATION.

EYEZON CORPORATION MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER EYEZ-ON CORPORATION NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THE WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT EYEZON CORPORATION WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EYEZON CORPORATION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EYEZON CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

RESERVATION OF RIGHTS

EyezOn Corporation reserves all of EyezOn Corporation's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that EyezOn Corporation may have in respect of this web site, its content, and goods and services that may be provided. The use of EyezOn Corporation's rights and property requires EyezOn Corporation's prior written consent. By making services available to you, EyezOn Corporation is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without EyezOn Corporation's prior written consent.

APPLICABLE LAW

You agree that these Terms of use and any dispute arising out of your use of the web site or products or services provided will be governed by and construed in accordance with the laws of the Province of Ontario, Canada.

MISCELLANEOUS INFORMATION

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;

(ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect;

(iii) You agree that any claim or cause in respect of any device, the company, its web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;

EyezOn Corporation may assign EyezOn Corporation's rights and obligations under these Terms of use; in this event, EyezOn Corporation will be relieved of any further obligation.