2. Proprietary Right
The Website and the Content are the sole and exclusive property of Eyexpo and its successors, assigns, licensors, and/or suppliers. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Eyexpo in writing. You hereby acknowledge and agree that, as between Eyexpo and you, all right, title, and interest in and to the Website and the Content shall be owned exclusively by Eyexpo. You may not license, assign or transfer any of the Content to any party. Use of the Website or the Content in any way not expressly permitted by this Agreement is prohibited.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
3. Permitted Uses
So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by Eyexpo, you may view and/or print a single copy of the Website and the Content for your own use and not for any commercial purposes. Special terms may apply to some services offered on the Website and may be posted in connection with the applicable service, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, any such terms shall prevail.
4. Additional Restrictions
You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it.
5. Links to Third Party Sites
The Website may contain links to websites operated by other parties. Such third party websites are not under our control, and we are not responsible for the contents of any such website or any link contained in such website. The third party links included on the Website are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third party websites, you do so entirely at your own risk. You acknowledge and agree that we 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 the use of or reliance on any such third party websites.
6. Links to Our Website
You may link a website to this Website, but if you do so, you must comply with the following:
(i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Eyexpo’s name and trademarks;
(ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Eyexpo. We reserve the right to revoke our consent to the link at any time and in its sole discretion.
The Website is protected by copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Eyexpo’s express prior written permission.
8. Third-Party Information
Any third-party content, data or publication(s) made available through the Website is furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, or any user of the Website, are those of the respective author(s) or publisher(s) and not of us. WE DISCLAIM ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATION(S) IS ACCURATE OR COMPLETE.
9. Warranty Disclaimer
SOME PROVINCES, TERRITORIES AND COUNTRIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES. IN THESE PROVINCES, TERRITORIES AND COUNTRIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.
IN ALL OTHER PROVINCES, TERRITORIES AND COUNTRIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EYEXPO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
10. Limitation of Liability
SOME PROVINCES, TERRITORIES AND COUNTRIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES. IN THOSE PROVINCES, TERRITORIES AND COUNTRIES, WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.
IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BYLAW, EYEXPO DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF EYEXPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EYEXPO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS OUTSIDE OUR REASONABLE CONTROL.
You agree to indemnify, defend and hold Eyexpo, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of this Agreement.
14. Choice of Law and Forum
This Agreement shall be governed by, and will be construed under the laws of the Province of British Columbia, Canada, and you irrevocably agree to the exclusive jurisdiction by the federal and provincial courts located in Vancouver, in the Province of British Columbia to settle any dispute which may arise out of, under, or in connection with this Agreement. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.
16. Obtaining Consent