Date Last Revised: June 26, 2013
1. Continuing agreement.
2. Use of site and site materials.
Depending on your activities when visiting this Web Site, you may be required to agree to additional terms and conditions as indicated on this Web Site.
4. Accounts; passwords; security
In order to access or use some features of this Web Site, you may have to become a registered user. When you are setting up your account, you must give EOS accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let EOS know immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by EOS (or anyone else) due to the unauthorized use of your account.
5. Third party content; feedback, suggestions or ideas.
From time to time, this Web Site may display text, images, graphics, audio, video, links to other sites and other materials and content (“Content”) that were originally posted or otherwise made available on another site (e.g., Twitter or Facebook). As a consequence, you may see Content on this Web Site that has been made available by individuals not affiliated with EOS (“Third Party Content”). EOS does not endorse these individuals or their Content and EOS is not associated with any of the Third Party Content that may be displayed on this Web Site. EOS (and its affiliated companies, and its and their respective officers, employees or agents) shall not have any responsibility or liability of any nature whatsoever arising in connection with any Third Party Content.
If you give feedback, suggestions or ideas on this Web Site, such as recommendations for improvements or features, you hereby assign to EOS all right, title and interest in and to such feedback, suggestions and ideas, and such feedback, suggestions or ideas may be implemented as part of this Web Site or otherwise by EOS without any compensation or notice to you.
6. Geographic scope of site.
7. Commercial Terms.
When you confirm a purchase transaction on this Web Site, you agree to be bound by and pay for that transaction. Your total price may include taxes, handling fees and shipping costs, which you are responsible for paying. Except as otherwise expressly specified, all sales are final.
The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. For example, products included on this Web Site may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on this Web Site. In addition, EOS may make changes in information about price and availability without notice. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
While it is EOS’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute EOS’s acceptance of an order or EOS’s confirmation of an offer to sell a product or service. EOS reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. EOS also may require verification of information prior to the acceptance and/or shipment of any order. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site.
EOS makes commercially reasonable efforts to make product descriptions for items listed for sale on this Web Site as accurate as possible. 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. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. EOS makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system, and EOS cannot guarantee that your computer will accurately display such colors. If a product offered by EOS is not materially as described, your sole remedy is to return it in unused condition.
This Web Site may allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to EOS, you confirm that you are permitted to use that payment source. You also authorize EOS (and EOS’s designated payment processor) to collect and store it, along with other related transaction information. When you make a payment, you authorize EOS (and EOS’s designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card, EOS may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. EOS will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
. If you pay by credit or debit card, EOS may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. EOS will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion or if a transaction is rejected by your bank or our payment processor, that pre-approval may result in your funds not otherwise being immediately available.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify EOS immediately so that EOS may take action to attempt to prevent financial loss. To the fullest extent permitted by law, you waive all claims against EOS related to payments unless you submit the claim to EOS within 30 days after the charge.
Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
8. Links to other Web Sites.
For your convenience and enjoyment, this Web Site may provide links to other Web Sites and/or make available third party applications. Your use of such third party web sites and applications is at your own risk. These links and applications do not mean that EOS endorses, approves or sponsors any information available at the linked Web Site or application, or any products that may be sold through a linked Web Site, nor is EOS liable for any loss or damage that might result from your use of such websites, third party applications, information or products.
9. Contests, sweepstakes and promotions.
10. Contents of this Web Site — disclaimer.
THE INFORMATION AND MATERIALS IN THIS WEB SITE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EOS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM STATUTE, TORT, COURSE OF DEALING OR USAGE OF TRADE. EOS AND ITS SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION OR PROMISE THAT THIS WEB SITE OR ANY PRODUCTS PURCHASED THROUGH THIS WEB SITE WILL MEET YOUR REQUIREMENTS. EOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE INFORMATION, PRODUCT DESCRIPTIONS, MATERIALS, USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE INCLUDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. The information and materials in this Web Site could include technical inaccuracies or typographical errors. Such information and materials could be inaccurate or become inaccurate as a result of new developments or otherwise. EOS undertakes no obligation to verify or maintain the accuracy or currentness of such information or materials.
This Section 10 shall apply to the fullest extent permitted by applicable laws.
11. Operation of this 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 this Web Site or its operation. AS TO THE OPERATION OF THIS WEB SITE, EOS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM STATUTE, TORT, COURSE OF DEALING OR USAGE OF TRADE. EOS MAKES NO WARRANTY, REPRESENTATION OR PROMISE THAT (A) THE OPERATION OF THIS WEB SITE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR FREE OF DEFECTS OR ERRORS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE; OR (D) 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 OR ANY OTHER WEB SITE THAT IS LINKED TO THIS WEB SITE.
12. Limitation of liability.
UNDER NO CIRCUMSTANCES SHALL EOS OR ITS SUPPLIERS AND PARTNERS and ITS AND their OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS and LICENSORS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS, COSTS, EXPENSES or loss of REVENUE OR PROFIT), THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY MATERIALS IN THIS WEB SITE WHETHER IN AN ACTION OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, PRODUCT LIABILITY OR OTHERWISE OR WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE, INFORMATION AVAILABLE IN THIS WEB SITE OR PRODUCTS PROVIDED THROUGH THIS WEB SITE. EOS SHALL NOT BE LIABLE EVEN IF EOS OR AN EOS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY. SUCH DAMAGES OR INJURY MAY 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. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (a) your USE OR INABILITY TO USE THis WEB SITE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THis WEB SITE; (C) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THIS WEB SITE; OR (D) ANY OTHER MATTER RELATING TO THIS WEB SITE.
This Section 12 shall apply to the fullest extent permitted by applicable laws.
EOS may immediately and without notice suspend, terminate or restrict your activities on this Web Site at any time and in its sole discretion. You agree not to hold EOS responsible for any inconvenience or loss (including costs, expenses, loss of information, inability to access or use) which you may incur as a result of EOS taking any of the actions described above.
16. Availability of help.
17. Applicable law; jurisdiction.
19. No waiver.
21. Notices to you; consent to receive electronic communications.
Notices to you may be sent via email or through this Web Site by displaying links to notices generally on this Web Site. Any communication regarding your order will be emailed to the email address provided by you to us when ordering on this Web Site.
(b) records of any purchases made through this Web Site;
(c) disclosures or notices provided in connection with this Web Site, including any required by applicable laws;
(d) any customer service communications, including communications with respect to claims of error or unauthorized use of this Web Site; and
(e) any other communication related to this Web Site.
All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on this Web Site, whether or not you have received the email or retrieved the Communication from this Web Site. An electronic Communication by email is considered to be sent at the time that it is directed by EOS’s mail server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
In order to access and retain Communications, you must have:(1) a computer with an Internet connection;
(2) a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
(3) a valid email address (i.e., your primary email address on file with EOS); and
(4) sufficient storage space to save past Communications or an installed printer to print them.
If you have registered on this Web Site and you wish to withdraw your consent to have Communications provided electronically, you must close your account. You may do so by contacting us via the contact information provided on the “Contact Us” page of this Web Site and stop using this Web Site. There are no fees to close your account with us.
22. No legal effect.