TERMS OF USE

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For the purpose of this documentation, “OPTIM-EYEZ” shall refer to OPTIM-EYEZ IT LTD and its brands, OPTIM-EYEZ and Sam Hurley.

1. Notice / Acceptance of Terms

This Terms of Use Agreement (the “Agreement”) is a contract between you and OPTIM-EYEZ.

OPTIM-EYEZ operates the website: https://optim-eyez.co.uk (the “Site”). This Agreement governs your use of the Site. Collectively, the ‘Site' includes all displayed (or promoted) Goods / Services, all material and all other properties owned by OPTIM-EYEZ. Be sure to carefully read and fully understand this Agreement.

OPTIM-EYEZ is willing to provide you with access to the Site and Goods / Services only on the condition that you accept all of the terms and conditions (the “Terms”) contained in this Agreement and also the specific Goods / Services Terms and Conditions. Both Agreements govern your use of the Site and Goods / Services. Please read all Terms. By using the Site and Goods / Services, you agree to comply with, and be bound by these Terms — including those contained within the Disclaimer, Privacy Policy and Cookie Policy. If you do not agree to any of the Terms, processes and/or statements, you are not authorized to use the Site or Goods / Services that OPTIM-EYEZ provides. You will be notified and/or directed towards applicable Terms, processes and/or statements in relation to your specific use of the Site and Goods / Services at necessary times, including options to either agree or to halt your consent. OPTIM-EYEZ reserves the right to modify any and/or all Terms processes and/or statements at any stage.

2. Access to the Site

In order to use the Site, you must obtain access to the World Wide Web — either directly or via devices that access web-based content. You will be required to pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. OPTIM-EYEZ makes no representations, warranties or assurances as to the availability of the Site (or any of its digital properties, inclusive of email servers and/or log-in areas) at any time.

3. Restrictions on Use

You may not print, download and/or use the underlying HTML, text, audio clips, video clips and any/all other content that is made available to you on this Site, for any other use than solely your personal information (unless specifically agreed in writing).

Without limiting the generality of the foregoing, you may not:

  1. Include such content in or with any product or service that you create or distribute
  2. Reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site
  3. Copy such content onto your or any other website or publication
  4. Direct any other person to do any of the foregoing

Nothing in this Agreement shall be construed as conferring any right under any intellectual property of OPTIM-EYEZ, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.

4. Intellectual Property

Specific OPTIM-EYEZ branding that appears on the Site ((in addition to all content authored by, or visible throughout OPTIM-EYEZ whether online, offline or verbally via (but not limited to) apps, portals, log-in areas, newsletters and/or electronic mail)) is the property of OPTIM-EYEZ. The branding, trade names, content, associated products and services represented on this Site fall under United Kingdom and international copyright law. Use of them is prohibited without prior written authorization from OPTIM-EYEZ.

Any third party trademarks mentioned and/or displayed on this Site ((in addition to all content authored by, or visible throughout OPTIM-EYEZ whether online, offline or verbally via (but not limited to) apps, portals, log-in areas, newsletters and/or electronic mail)) which are not those of OPTIM-EYEZ are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any licence, partnership, affiliation or other rights in these trademarks or trade names unless otherwise specifically stated. Any unauthorized use of third party trademarks is prohibited.

Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site ((in addition to all content authored by, or visible throughout OPTIM-EYEZ whether online, offline or verbally via (but not limited to) apps, portals, log-in areas, newsletters and/or electronic mail)) by any person and/or entity may be in violation of either common law, trademark and/or copyright laws — depending on the particular nature of contents copied, redistributed, reproduced or modified without prior authorization.

5. Modifications to the Site

OPTIM-EYEZ reserves the right to modify, suspend or discontinue (temporarily or permanently) the Site (or any part thereof) from time to time, for any reason and without notice. You agree that OPTIM-EYEZ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or any related properties. The information and materials contained on the Site and/or related properties are subject to change. OPTIM-EYEZ endeavours to keep all information current. However, such information is also subject to change at any time and the information on this Site and/or related properties may not immediately reflect such changes.

6. Third Party Links and Advertising

This Site may provide links or references to other websites. If OPTIM-EYEZ has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that OPTIM-EYEZ is connected with, operates or controls these websites.

OPTIM-EYEZ makes no representations, warranties or assurances as to any information in such websites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. OPTIM-EYEZ disclaims any opinions expressed on such wesites. Any links to other websites are provided merely for your convenience and the inclusion of such links does not imply that OPTIM-EYEZ endorses the content of such websites, even when links are affiliate or sponsored links. Where OPTIM-EYEZ is offering its own content (or content of an affiliate) on or through third party websites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.

OPTIM-EYEZ takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including (without limitation), with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of OPTIM-EYEZ.

You agree that OPTIM-EYEZ shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify OPTIM-EYEZ and its affiliates from and against any Claims incurred as the result of any such dealings.

OPTIM-EYEZ is not responsible for the content or practices of third party websites that may be linked to this Site and makes no representation or warranty regarding such websites or their content. This Site may also be linked to other websites operated by companies affiliated or connected with OPTIM-EYEZ. When visiting other websites, however, you should refer to each such website’s individual “Terms of Use” and not rely on this Agreement.

7. Disclaimer of Warranties

Except as expressly provided otherwise, OPTIM-EYEZ disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. OPTIM-EYEZ disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

Any communications sent to you via this Site or otherwise from OPTIM-EYEZ and/or its brands (including, without limitation, in the form of apps, portals, log-in areas, newsletters, electronic mail or via phone), and the contents of this Site (including, without limitation, any technology, medical, psychological, financial, investment, corporate, or tax information) are provided for informational and educational purposes only and are not intended to provide official and/or regulated advice and should not be relied upon in that regard. Your financial circumstance and tax situation is unique. Therefore, you should independently consult a lawyer or tax advisor for official advice. This is the same for any other form of situation (including, without limitation, any technology, medical, psychological, financial, investment, corporate, or tax situation) where you should consult qualified specialists in each discipline. OPTIM-EYEZ is not liable for actions you take based on the contents of OPTIM-EYEZ and/or any of its digital properties (including, without limitation, apps, portals, log-in areas, newsletters, electronic mail or phone).

Except as expressly provided otherwise herein or in an applicable supplemental agreement, OPTIM-EYEZ and its data providers will use reasonable efforts to include up-to-date and accurate information in this Site — but all information, products and services offered on the Site are provided “as is” and “as available” with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed. OPTIM-EYEZ and its data providers disclaim any warranties for the security, reliability, timeliness, and performance of the technology, products and services offered on the Site. OPTIM-EYEZ and its data providers disclaim any warranties for services or goods received through or advertised on the Site or received through any links provided on the Site, as well as for any information or advice received through the Site or through any links provided on the Site.

You understand and agree that any material downloaded or otherwise obtained through the use of the Site is done so at your own discretion and risk and that you will be solely responsible for any claims, including, without limitation, any damages to your computer system or loss of data, that results from downloading or otherwise obtaining such material.

Some locations in the world do not allow the exclusion of implied warranties, so these exclusions may not apply to you.

8. Limitation of Liability

Except as expressly provided otherwise herein or in an applicable supplemental agreement, in no event shall OPTIM-EYEZ, any of OPTIM-EYEZ’s affiliates, subsidiaries or data providers, or anyone else involved in creating, producing, delivering or managing the content of this Site (collectively the “Site providers”), be liable to you or any third party for any claims whatsoever, including, without limitation, direct, indirect, special, incidental, punitive or consequential damages (including, without limitation, any lost revenues, lost profits, lost opportunities, loss of prospective economic advantage) arising out of or in connection with the use or performance of this Site, any communications sent to you via this Site or otherwise from OPTIM-EYEZ (including, without limitation, in the form of electronic mail or via phone), or information available from this Site, including, without limitation, any damages suffered as a result of omissions or inaccuracies in such information, the transmission of confidential or sensitive information to from the Site providers, and inconvenience, delay or loss of use of the service, even if any one of or all of the Site providers is advised of the possibility of such damages. Without limiting the foregoing, the Site providers assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the content of this Site. Please also see: Disclaimer.

9. Information Collected by Third Parties

OPTIM-EYEZ may allow third party companies that use tracking technologies (such as cookies or pixels) to record IP and/or other information about users who visit or interact with this Site or partner websites. This information may allow the delivery of targeted advertisements and/or the measure of their effectiveness. Such third party advertising companies may be advertising networks that are members of the Network Advertising Initiative (and/or other such advertising networks) which offer locations to opt out of ad targeting from member companies and/or other entities. Please also see: Cookies.

10. Miscellaneous

  1. Governing Law. This Agreement shall be governed by the laws of the United Kingdom, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the courts located in United Kingdom.
  2. Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either verbal or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of OPTIM-EYEZ, which are not included in this Agreement, shall be binding on OPTIM-EYEZ or its affiliates.
  3. Amendments. You may not modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of OPTIM-EYEZ. However, OPTIM-EYEZ may replace this Terms of Service Agreement from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Terms of Use agreement regularly for any modifications.
  4. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and OPTIM-EYEZ. OPTIM-EYEZ’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
  5. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
  6. Miscellaneous. This Agreement shall inure to the benefit of OPTIM-EYEZ and its subsidiaries and affiliates. Any and all references in this Agreement to OPTIM-EYEZ and its affiliates shall, where the context so permits, include OPTIM-EYEZ’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site.
  7. Assignment. OPTIM-EYEZ may assign its rights and duties under this Agreement to any party at any time without notice to you.
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