These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at www.ivioptics.com (the “Site”). The Site is the property of Intelligent Visibility, Inc. d/b/a IVI Optics (“IVI”). Please review the following Terms of Use that govern your use of the Site (including, without limitation, the purchase of products and services through the Site). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. As long as you comply with these Terms of Use, IVI grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. IVI reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to IVI, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without IVI’s express prior written consent.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. IVI reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any IVI server, or to any of the products or services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of IVI, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or IVI’s systems or networks, or any systems or networks connected to the Site or to IVI. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to IVI on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of IVI or others.
In order to purchase products or services through the use of the Site, you will be required to open an account (including setting up a User ID and password). You are solely and entirely responsible for (i) maintaining the confidentiality of the information you hold for your account, including your User ID and password, (ii) restricting access to your computer and your account, and (iii) keeping your email address and all other information listed on your account current. You are solely and entirely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site to occur under your account or your account password. You agree to notify IVI immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by IVI or any other user of or visitor to the Site due to someone else using your User ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s User ID, password or account at any time without the express permission and consent of the holder of that User ID, password or account. IVI cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
IVI’s Privacy Policy applies to the use of the Site, and its terms are made a part of these Terms of Use by this reference. To view IVI’s Privacy Policy, Click Here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Except for information necessary to place an order, please do not send any confidential or proprietary information through the Site. Any information, materials, suggestions, ideas or comments sent to IVI will be considered non-confidential, and by submitting it, you are giving IVI the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
The Site may include links to other Internet sites maintained by third parties (“Linked Sites”). IVI provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by IVI of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Site. Linked Sites are not under the control of IVI and IVI is not responsible for the contents of any Linked Site.
IVI will use its best efforts to provide complete, accurate, up-to-date information on the Site. Unfortunately, despite those best efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. IVI reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. Merchandise availability on the Site is not guaranteed. If merchandise is not available by the time your order processes, IVI will notify you of this via email. You can always verify availability by calling Customer Service at 877-828-0067. You will receive a shipping confirmation email once your items have shipped. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.
Orders will be shipped to the address designated by you as long as that shipping address is compliant with the restrictions contained on the Site. All purchases from the Site are made pursuant to these Terms of Use and any and all other terms and conditions found on the Site. Risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SITE, THE CONTENT AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. IVI DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IVI DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH IVI ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. IVI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR THE CONTENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST IVI FOR DISSATISFACTION OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. IVI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will IVI be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if IVI has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, IVI is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, IVI’s liability shall in no event exceed $100.00. You agree to indemnify and hold IVI, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against IVI by any third party due to or arising out of or in connection with your use of, and purchase of products on, the Site.
IVI may disclose any information it has about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) IVI’s rights or property, or the rights or property of visitors to or users of the Site, including IVI’s customers. IVI reserves the right at all times to disclose any information that IVI deems necessary to comply with any applicable law, regulation, legal process or governmental request. IVI also may disclose your information when IVI determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that IVI may preserve any transmittal or communication by you with IVI through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or IVI determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of IVI, its employees, users of or visitors to the Site, and the public. You agree that IVI may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to IVI, for which monetary damages would be inadequate, and you consent to IVI obtaining any injunctive or equitable relief that IVI deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies IVI may have at law or in equity. You agree that IVI may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If IVI does take any legal action against you as a result of your violation of these Terms of Use, IVI will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to IVI. You agree that IVI will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Guilford County, North Carolina, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one hundred eighty (180) days after the cause of action arises, or such claim or cause of action is barred. Claims made under separate terms and conditions of purchase for goods and services are not subject to this limitation (i.e., warranty claims). No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between IVI and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
IVI administers and operates the Site from its location in Guilford County, North Carolina USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. IVI reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Please review the other policies posted on the Site. These policies also govern your use of the Site and the purchase of any products or services through the Site.
You consent to receive electronic communications from IVI either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. IVI’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by IVI of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between IVI and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
If you have any concerns about any material which appears on the Site, please contact us by emailing us at: questions@ivioptics.com