Terms of service

USER AGREEMENT TERMS

This User Agreement ("Agreement") is a binding legal contract between Eyechic of Short Hills, LLC ("Eyechic," "we," "us") and you ("User" or "you"), concerning your use of our website www.eyechic.com ("Site"). Accessing or using our Site implies your acceptance of this Agreement. If you disagree with any terms or conditions of this Agreement, you must refrain from using the Site.

Site Usage

1.1 Age Requirement: You affirm that you are at least 18 years of age. Users under 18 may access the Site only under the supervision of a parent or legal guardian.

1.2 Access Permissions: We offer you a limited, non-exclusive, non-transferable, and revocable license to use the Site for personal, non-commercial use, as long as you adhere to this Agreement. Any alteration, reproduction, distribution, display, performance, or derivative creation from our Site content or materials is prohibited, except when expressly allowed by this Agreement.

1.3 Unacceptable Behavior: You agree not to:

  • Break any local or international laws or regulations.
  • Disrupt or interfere with our Site or its servers.
  • Attempt unauthorized access to the Site or its systems.
  • Falsify your identity or misrepresent your association with any person or entity.
  • Gather or store personal data of other Users without their permission.
  • Engage in any harmful activities against our Site, Users, or Eyechic's reputation.
  • Engage in fraudulent or deceptive actions.
  • Upload or transmit harmful code like viruses or malware.

Intellectual Property

2.1 Ownership: Eyechic or its licensors own the Site and all its content and materials, including but not limited to text, graphics, images, logos, trademarks, and software, and these are protected by intellectual property laws. By using the Site, you acknowledge that you do not gain any ownership rights over the Site or its content.

2.2 Content Usage: You are permitted to access and view the Site's content for personal, non-commercial purposes as per this Agreement. Without our prior written approval, any copying, reproduction, distribution, modification, display, or creation of derivative works from our Site's content or materials is prohibited.

Privacy Policy

By using the Site, you agree to our Privacy Policy, which is integral to this Agreement. It outlines how we collect, use, and disclose your data. We encourage you to read the Privacy Policy before using the Site.

Third-Party Websites

Our Site may contain links to third-party websites that are not under Eyechic's control. We neither endorse nor are responsible for the content, privacy policies, or practices of any third-party websites. Eyechic will not be liable for any damages or losses resulting from your use of these third-party websites.

Disclaimer

We provide the Site and its content on an "as-is" and "as available" basis, without any warranties, express or implied. Eyechic disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.

Limitation of Liability

Eyechic, its affiliates, officers, directors, employees, agents, and suppliers shall not be held accountable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, or other intangible losses, that may arise from your use of the Site or this Agreement.

Indemnification

You agree to indemnify and hold Eyechic, its affiliates, officers, directors, employees, agents, and suppliers harmless from any claims, damages, liabilities, losses, costs, or expenses (including attorney's fees) that arise from your use of the Site, violation of this Agreement, or infringement of any intellectual property or other rights of any person or entity.

Governing Law and Dispute Resolution

The laws of the United States govern this Agreement. Any disputes arising from or related to this Agreement shall be resolved through arbitration following the American Arbitration Association's rules, with proceedings in New Jersey. The arbitrator's decision will be final and binding.

Severability

If any part of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue to be effective as permitted by law.

Changes to Agreement

Eyechic may modify or amend this Agreement at any time by updating the revised Agreement on the Site. Continued use of the Site following such changes will constitute your acceptance of the amended Agreement.

Complete Agreement

This Agreement, along with the Privacy Policy and any other policies or guidelines referenced herein, constitute the complete agreement between you and Eyechic regarding your use of the Site, superseding any prior understandings or agreements.

Contact Us

For any inquiries or concerns about this Agreement, please contact us at:

Eyechic of Short Hills, LLC 1200 Morris Turnpike Short Hills, New Jersey, 07078 Email: information@eyechic.com

Effective Date: May 17, 2023