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 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 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
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 of any unauthorized use of your user account, user name or password.
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 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.
(f) you will not configure your account such that the service transmits an unreasonable amount of alerts including but not limited to emails, SMS messages, and third-party PUSH notifcaitons.
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 will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
By receiving this agreement, you authorize EyezOn 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.
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, 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.
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 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.
EYEZON 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 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 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 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 reserves all of EyezOn's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that EyezOn may have in respect of this web site, its content, and goods and services that may be provided. The use of EyezOn's rights and property requires EyezOn's prior written consent. By making services available to you, EyezOn 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's prior written consent.
(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;