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Eye Spy Accessories Inc. MAY REVISE THIS AGREEMENT AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT TERMS BECAUSE THEY ARE BINDING ON YOU. CERTAIN PROVISIONS OF THESE TERMS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED ON PARTICULAR PAGES AT THIS SITE.
This Site acts as an outlet which enables you to purchase assorted luggage, bags and other products ("Products"). Eye Spy Accessories Inc. does not control the timing of or manner in which any Products are delivered to you. Eye Spy Accessories Inc. may refuse providing services under this Site to anyone at any time, in its sole discretion.
All brand, product, service, and process names appearing on this Site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Eye Spy Accessories Inc.
SINGLE COPY LICENSE:
Except as otherwise indicated on this Site, you may download one copy of the information ("Materials") found on this Site on a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Eye Spy Accessories Inc. in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental, including, without limitation, posting the Materials on any network computer or broadcasting them in any media; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials. Eye Spy Accessories Inc. reserves all rights not expressly granted in this Agreement.
OWNERSHIP OF MATERIALS:
This Site and Materials located hereon are copyrighted and are protected by worldwide copyright, trademark, trade dress and other intellectual property laws and treaty provisions and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Eye Spy Accessories Inc.'s prior written permission. Except as expressly provided herein, Eye Spy Accessories Inc. and its suppliers do not grant, by implication, estoppel or otherwise, any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by Eye Spy Accessories Inc. in writing or incorporated elsewhere in the Materials.
TERMINATION OF ACCESS:
Eye Spy Accessories Inc. may, at its sole discretion, (a) suspend your access to certain areas of the Site or (b) terminate your access to certain areas of the Site. Whether or not a breach of this agreement results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to Eye Spy Accessories Inc., and whether or not the breach is repeated or cured. If Eye Spy Accessories Inc. suspends or terminates your right to access or use the Eye Spy Accessories Inc. Site then Eye Spy Accessories Inc. shall, within 24 hours, provide notice to you of such action. Upon termination, you will immediately destroy the Materials and any licenses herein shall immediately terminate.
THIS SITE AND ANY MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. Eye Spy Accessories Inc. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Eye Spy Accessories Inc. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR THE SITE, EVEN IF Eye Spy Accessories Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION, IN AN AMOUNT THAT EXCEEDS THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO COMPANY (IF ANY) OR (B) ONE HUNDRED DOLLARS ($100.00). Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Without limiting the foregoing, you should be aware that the Materials may contain errors, omissions, inaccuracies, or outdated information. Eye Spy Accessories Inc. makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Materials and shall not be liable for any lack of the foregoing. Eye Spy Accessories Inc. makes no commitment to update the Materials.
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Eye Spy Accessories Inc. will have no obligations with respect to the Communications, provided that any personally identifiable information shall be handled in the manner set forth below. Eye Spy Accessories Inc. and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, provided that any personally identifiable information shall be handled in the manner set forth below. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any rights of a third party.
USE OF PERSONALLY IDENTIFIABLE INFORMATION:
LINKS TO OTHER SITES:
Any links on this Web site may let you leave the Eye Spy Accessories Inc. Site and go to other Web sites. The linked sites are not under the control of Eye Spy Accessories Inc., and Eye Spy Accessories Inc. is not responsible for the content, the accuracy thereof or any other aspect of any linked site or any link contained in a linked site. Eye Spy Accessories Inc. reserves the right to terminate any link or linking program at any time. Eye Spy Accessories Inc. does not endorse companies or products to which it links and reserves the right to note as such on its Site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
You hereby agree, at your own expense, to indemnify, defend and hold Eye Spy Accessories Inc. harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to any third-party claim, action or allegation brought against Eye Spy Accessories Inc. based upon or relating to (a) a dispute between you and a Vendor over the terms and conditions of a contract or related to the purchase and sale of any goods/services, (b) a breach by you of the terms and conditions of this Agreement, or (c) any action of you or a Vendor which violates any law, regulation or rights of a third party.
Eye Spy Accessories Inc. controls this Site from its offices within the North America. Eye Spy Accessories Inc. makes no representation that Materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A FEDERAL OR PROVINCIAL COURT OF COMPETENT JURISDICTION LOCATED IN TORONTO, ONTARIO. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. No action arising out of this Agreement may be brought by you more than two years after the date the cause of action has accrued. You may not assign this Agreement or any of its rights or obligations without the prior written consent of Eye Spy Accessories Inc., and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and Eye Spy Accessories Inc. is as independent parties only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.