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The following terms and conditions (the 'Terms
and Conditions") govern your use of the Web Site located at
www.eye8tapie.com(" the site"). EYE8TAPIE, We may change the
Terms and Conditions from time to time, at any time without
notice to you, by posting such changes on the Site. BY USING
THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS
AS APPLIED TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE
USE THE SITE.
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COPYRIGHT NOTICE. Copyright © 2008 EYE8TAPIE.COM
. All Rights Reserved. The material on the site may not be
reproduced and may not be distributed, publicly performed
or otherwise used in any manner, except with prior permission
of EYE8TAPIE.
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TRADEMARK STATEMENT. EYE8TAPIE, E8P are trademarks
of EYE8TAPIE, LLC. All pending or registered in US Patent
and Trademark Office.
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Accuracy of Information. We attempt to ensure
that information on this Web Site is complete, accurate and
current. Despite our efforts, the information on this Web
Site may occasionally be inaccurate, incomplete or out of
date. We make no representation as to the completeness, accuracy
or currentness of any information on this Web Site. For example,
products included on this Web Site may be unavailable, may
have different attributes than those listed. In addition we
may make changes in information about price and availability
without notice. We reserve the right, without prior notice,
to limit the order quantity on any product and/or refuse service
to any customer.
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Shipping Limitations. When an order is placed,
it will be shipping to an address designated by the purchaser
as long as that shipping address is compliant with shipping
restrictions contained on the Web Site.
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LIMITATIONS OF LIABILITY. EYE8TAPIE will not
assume any responsibility, or will be liable, for any damages
to, or any viruses that may infect, your computer, telecommunication
equipment, or other property caused by or arising from your
access to, or browsing this Web Site, or your downloading
of any information or materials from this Web Site. In no
event will EYE8TAPIE or any party involved in the creation,
production or transmission of this web site, be liable to
you or anyone else for any indirect, special, punitive, incidental
or consequential damages ( including, without limitation,
those resulting from lost profits, lost data or business interruption)
arising out of the use, inability to use, or the results of
use of this web site, any web sites linked to and this web
site, or the materials, information or services contained
on any or all such web sites, whether based on warranty, contract,
tort or any other legal theory and whether or not advised
of the possibility of such damages. The foregoing limitations
of liability do not apply to the extent prohibited by law.
Please refer to your local laws for any such prohibitions.
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In the event of any problem with this web
site or any content, you agree that your sole remedy is to
cease using this web site. In the event of any problem with
the products that you may have purchased on or through this
web site, you agree that your sole remedy, if any, is to seek
a return/exchange or refund for such product in accordance
with the returns/exchanges/refunds policies posted on this
Web Site.
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Revisions to these Terms and Conditions. These
Terms and Conditions may be revised at any time and from time
to time by updating this posting. You should visit this page
from time to time to review the then current Terms and Conditions
because they are binding on you. Certain provisions of these
Terms and Conditions may be superseded by legal notices or
terms located on particular pages of this Web site.
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Applicable Laws. We control and operate the
Site from our offices in the United States of America. We
do not represent that materials on the Site are appropriate
or available for use in other locations. Persons who choose
to access the site from other locations do so on their own
initiative, and are responsible for compliance with local
laws. If and to the extent local laws are applicable. All
parties to these terms and conditions waive their respective
rights to a trial by jury.
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Termination. We may terminate, change, suspend
or discontinue any aspect of the Site or the Site's services
at any time, for any reason or for no reason with out any
notice. The Company may restrict, suspend or terminate your
access to the Site and/or its services if we believe you are
in breach of our terms and conditions or applicable law, or
for any other reason without notice or liability. We maintain
a policy that provides for the termination in appropriate
circumstances of the Web Site use privileges of users who
are repeat infringes of intellectual property rights. You
are personally liable for any orders placed or charges incurred
through your account prior to termination.
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Orders for Products. You may only order products
if, and you hereby represent and warrant that, you agree to
pay in full the prices for any purchases you make either by
credit/debit card concurrent with your online order or by
other payment means acceptable to the Company. You agree to
pay all applicable taxes. If payment is not received by us
from your credit or debit card issuer or its agents, you agree
to pay all amounts due upon demand by us. You agree that you
are not permitted to resell any products purchased through
this Site for commercial purposes.
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All prices displayed on the site are quoted
in U.S. dollars. EYE8TAPIE will add shipping and handling
fees and applicable sales/use tax as necessary. EYE8TAPIE
reserves the right without prior notice to discontinue or
change specifications and prices on products and services
offered on the site without incurring any obligation to you.
Products displayed on the site are available while supplies
last.
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The receipt by you of an order confirmation
does not constitute EYE8TAPIE's acceptance of an order. Prior
to EYE8TAPIE accepting an order, verification of information
may be required. EYE8TAPIE reserves the right at any time
after receipt of your order to accept or decline your order,
or any portion thereof, even after your receipt of an order
confirmation, for any reason. EYE8TAPIE reserves the right
to limit the order quantity on any item and to refuse service
to any customer without prior notification. In the event that
a product is listed at an incorrect price due to typographical
error, EYE8TAPIE shall have the right to refuse or cancel
orders placed for the product listed at the incorrect price,
regardless of whether the order has been confirmed and your
credit card charged. If your credit card has already been
charged for the purchase and your order is canceled, EYE8TAPIE
shall promptly issue a credit to your credit card account
in the amount of the incorrect price.
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You warrant and agree that you shall not:
(1) impersonate any person or entity or misrepresent your
affiliation with any other person or entity; (2) upload, post,
publish, transmit, reproduce, distribute or in any way exploit
any information or other material obtained through the Site
for commercial purposes (other than as expressly permitted
by the provider of such information or other material); or
(3) attempt to gain unauthorized access to other computer
systems through the Site. You may not: (i) engage in spidering,
"screen scraping," "database scraping," harvesting of e-mail
addresses, wireless addresses or other contact or personal
information, or any other automatic means of obtaining lists
of users or other information from or through the Site or
the services offered on or through the Site, including without
limitation any information residing on any server or database
connected to the Site or the services offered on or through
the Site; (ii) obtain or attempt to obtain unauthorized access
to computer systems, materials or information through any
means; (iii) use the Site or the services made available on
or through the Site in any manner with the intent to interrupt,
damage, disable, overburden, or impair the Site or such services,
including, without limitation, sending mass unsolicited messages
or "flooding" servers with requests; or (iv) use the Site
or the Site's services in violation of any applicable law.
You further agree that you may not attempt (or encourage or
support any one else's attempt) to circumvent, reverse engineer,
decrypt, or otherwise alter or interfere with the Site or
the Site's services, or any content thereof, or make unauthorized
use thereof. You agree that you will not use the Site in any
manner that could damage, disable, overburden, or impair the
Site or interfere with any other party's use and enjoyment
of the Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
or provided for through the Site.
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You agree that you shall not upload, post,
transmit, distribute or otherwise publish through the Site
or any service offered on or through the Site, any materials
which (i) restrict or inhibit any other user from using and
enjoying the Site or the Site's services, (ii) are fraudulent,
unlawful, threatening, abusive, harassing, libelous, defamatory,
(iii) constitute or encourage conduct that would constitute
a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law, (iv)
violate, plagiarize or infringe the rights of third parties
including, without limitation, copyright, trademark, trade
secret, confidentiality, contract, patent, rights of privacy
or publicity or any other proprietary right, (v) contain a
virus, spyware, or other harmful component, (vi) contain advertising,
chain letters or pyramid schemes of any kind, or (vii) constitute
or contain false or misleading indications of origin, endorsement
or statements of fact. You alone are responsible for the content
and consequences of any of your activities. You further agree
not to impersonate any other person or entity, in accordance
with actual or fictitious, including anyone from EYE8TAPIE.
EYE8TAPIE reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or
government request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, that in
EYE8TAPIE sole discretion are objectionable or in violation
of these Terms of Use, the Company's policies or applicable
law.
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Jurisdiction. The Terms and Conditions and
the relationship between you and us shall be governed by the
laws of the State of Minnesota, without regard to its conflict
of law provisions. You agree that any cause of action that
may arise under these Terms and Conditions shall be commenced
and be heard in the appropriate court in the State of Minnesota.
County of Minnesota. You agree to submit to the personal and
exclusive jurisdiction of the courts located within Minnesota.
Our failure to to exercise or enforce any right or provision
of the Terms and Conditions shall not constitute a waiver
of such right or provision. If any provision of the Terms
and Conditions is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties intentions as
reflected in the provision, and the other provisions of the
Terms and conditions remain in full force and effect.
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