Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. This web site is provided for your information, and we hope you enjoy using it. Your use of this web site constitutes your agreement with eos Products, LLC (“EOS”) to be bound by, and to act in accordance with, these terms of use (the “Terms of Use”) and the EOS Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please do not use this web site.

1. Continuing agreement.

We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the web site to keep up to date with the current Terms of Use governing your use of the web site. Your continued use of the web site after the change reaffirms your continuing agreement to the then-current Terms of Use.

2. Use of site and site materials.

You have a non-exclusive, nontransferable, limited and revocable right to use this web site solely for personal purposes. EOS owns the copyright for all of the material on the web site or has a right to use such material. EOS also owns or has a right to use all trademarks, service marks, and trade names used on this web site. No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express permission of EOS. Any unauthorized use or modification of the materials on this web site is a violation of EOS’s copyright and other proprietary rights. The use of any such material on any other web site or computer network without EOS’s written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these Terms of Use, or as authorized in writing by EOS, is strictly prohibited.

3. Privacy.

For information on how EOS uses and protects the personal information you may provide on this web site, read our Privacy Policy.

4. User submitted content.

From time to time, this web site may allow users to post text, images, audio, video, links to other sites, or other content to the web site. As a consequence, you may see on this web site materials that have been submitted by individuals not affiliated with EOS. Neither EOS nor any of its affiliates endorses these individual users nor is EOS associated with any of the materials that the users may post on this web site or link to from this web site. Neither EOS nor its affiliates (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individual users or in connection with any conduct of these individual users.

5. Submissions/postings/sample promotions.

You retain copyright and any other rights you hold in the information, data, photographs, comments, suggestions, graphics, ideas, and other information or materials you submit through this web site (“Content”). By submitting, sharing, uploading, posting or displaying the Content you give EOS a worldwide, royalty-free, and non-exclusive license for any purpose whatsoever to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, share, upload, post or display on or through the web site. This means that you acknowledge EOS’s unrestricted right to use the Content (and materials or ideas similar to the Content) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means EOS has no obligation to keep your submissions confidential.

You confirm and warrant to EOS that you have all the rights, power and authority necessary to grant the above license. You agree that you will not submit, share, upload, post or display Content on or through the web site that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the Content and to grant EOS all of the license rights granted in this Section.

EOS may, but is under no obligation to, monitor or review Content and assumes no responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this web site. You may not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, violent, offensive, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not, while using the web site, distribute viruses or other harmful content.

6. Geographic scope of site.

This web site is controlled and operated from within the United States of America. Unless otherwise specified on or by this web site, this web site is intended to promote only those EOS products that are sold by EOS in Canada and in the United States and its territories, and EOS makes no representation that materials in this web site or the products described thereby are appropriate or available for use in other locations. All visitors to this web site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this web site.

7. Links to other sites.

For your convenience and enjoyment, this web site may provide links to other web sites and/or make available third party applications. These links and applications do not mean that EOS endorses, approves or sponsors any information available at the linked site or application, or any products that may be sold through a linked site, nor is EOS liable for any damage that might result from your use of such information or products.

8. Contents of the web site -disclaimer.

The materials in this web site (including any graphics, software, recommendations or other materials) and any materials made available through this web site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, eos disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. EOS does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this web site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. EOS undertakes no obligation to verify or maintain the currency of such information.

9. Operation of the web site -disclaimer.

EOS endeavors to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, EOS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. EOS makes no warranty that (i) the operation of the web site will meet the user’s requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not EOS) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.

10. Limitation of liability.

Under no circumstances shall eos be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the web site or information available in the web site. eos shall not be liable even if EOS or an eos authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

11. Limitations as to paragraphs 8, 9 and 10.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall eos’s total liability to you for damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

12. Indemnity

You hereby agree to indemnify, defend and hold EOS, its officers, directors, agents, affiliates, and licensors (the “Indemnified Parties”) harmless from and against any claim or liability arising out of (a) any Content you submit, share, upload, post or display on or to the web site; (b) any breach of or noncompliance with any representation, warranty or obligation in these Terms of Use or EOS’s Privacy Policy; and (c) any claim that your use or the Content you submit violates any applicable law or third party rights, including without limitation that it infringes the rights of a third party. You shall cooperate fully in the defense of any claim. EOS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the Service may be irreparable; therefore, EOS is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.

13. Breach.

In the event you breach these Terms of Use, EOS may issue a warning, or may suspend, terminate, or restrict your activities on the web site. Any such action shall be taken in the sole discretion of EOS and you agree not to hold EOS responsible for any inconvenience or loss which you may incur as a result of EOS taking any of the actions described above.

14. Availability of help.

This web site may provide a Help file or other instructions for the use of this web site. However, you understand that EOS is under no obligation to provide any support for the use of the web site.

15. Applicable law; jurisdiction.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in court of competent jurisdiction located in New York, and you hereby accept and submit to the personal jurisdiction of such New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

16. Severability.

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

17. No waiver.

No failure on the part of EOS to enforce any part of these Terms of Use shall constitute a waiver of any of EOS’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by EOS nor the reliance of any person on EOS’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of EOS shall have any legal effect whatsoever.

18. No legal effect.

The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.