TERMS & CONDITIONS
Last updated: January, 2019
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the spective.com website and related services (the "Service") operated by Eyeking LLC ("us", "we", or "our").
If you disagree with any part of the Terms then do not access or otherwise use the Service or any portion thereof. Your use of the Service shall be deemed to be your (and if acting on behalf of a third party or your employer, such third party’s or employer’s) agreement to abide by each of the terms set forth in these Terms.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, email address, mailing address, prescription data, credit card number, the expiration date of your credit card and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order or other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Spective Inc.
Spective Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Eyeking LLC 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may, under our sole discretion, terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. By violating these Terms in any capacity, you are subject to an immediate removal of your storefront, possible forfeiture of profit(s), and potential suspension or termination of your account.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Eyeking LLC, its licensees and licensors, and their members, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) your breach of these Terms; and/or (iii) your violation of any rights of another.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
To the fullest extent permissible pursuant to applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Eyeking LLC, its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will be uninterrupted, timely, secure or error free; (ii) any errors or defects will be corrected; (iii) the Service is free of bugs, viruses, Trojan horses or other harmful components; (iv) the results of using the Service will meet your requirements; or (v) there will be no unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. You acknowledge that Eyeking LLC. does not control or endorse in any respect any information, products or services offered by third parties on or through the Service.
Limitation Of Liability
In no event shall Eyeking LLC, nor its members, officers, directors, employees, partners, contractors, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or Content of any third party on the Service; (iii) any Content obtained from the Service; (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose; and (v) any other matter relating to the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any dispute relating in any way to the Service shall be submitted to confidential binding arbitration in the City of Los Angeles, California, except that to the extent you have in any manner violated our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. Arbitration under these Terms shall be conducted pursuant to the existing Commercial Arbitration Rules at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis.
If you have a dispute with one or more users of the Service you release us from claims, losses, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You hereby acknowledge and agree that, by using the Service, you expressly waive the provisions, rights and benefits of California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You further acknowledge and hereby agree that you expressly waive any and all provisions, rights and benefits conferred by any law of any state or territory of the United States of America, or principle of common law, which is similar, comparable or equivalent to California Civil Code § 1542.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide registered users an email notice of the revision(s) at least 30 days prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you do not agree to the new terms, you shall cease using the Service. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.