Welcome to the EyeProGPO, LLC (“EyeProGPO”) website.

 

The following terms of use govern your use of www.EyeProGPO.com (“Site”). Such uses shall include any content and services provided throughout the Site.

Acceptance of Terms

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing and browsing this Site, you acknowledge and agree, to be bound by these terms of use (the “Terms”). If you do not agree to the Terms, please exit the Site promptly. We reserve the right, at our discretion, to change, alter, modify, add, or remove any of the Terms at any time. Your continued use of the Site following a modification to the terms will signify your acceptance of such modifications.

License Grant

EyeProGPO grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Site. EyeProGPO reserves the right to revoke this license grant at any time or deny you access to the Site.

Use of Site

You can download materials from this Site for your noncommercial, personal use, provided that you retain all copyright and other proprietary notices on such materials. No material from this Site, or any other site owned, operated, licensed, or controlled by EyeProGPO may be copied, reproduced, republished, posted, transmitted, or distributed in any way, for public or commercial purposes. Use of the materials for any other purpose is a violation of EyeProGPO’s intellectual property rights.

The Site uses Google Analytics. Google Analytics may record visits to this Site, including what website you came from to get here, how long you stay for, what kind of computer you’re using, and other simple, anonymous pieces of information about your visit to the Site. To opt out of Google Analytics reporting on any site, install the browser add-on available from Google: https://tools.google.com/dlpage/gaoptout/.

EyeProGPO.com may access data from Google’s interest-based advertising or third-party audience data (such as age, gender, and interests) with Google Analytics. To opt out of demographic and interest-based information in the Google network, use Google’s Ad Settings page: https://www.google.com/settings/ads.

Minimum Age Requirement

This site is not intended for users under the age of 13. EyeProGPO does not knowingly collect personally identifiable information from users under the age of 13. Users under the age of 13 are expressly prohibited from submitting their personally identifiable information to us via the Site.

Intellectual Property

All materials on the Site are copyrighted and owned by EyeProGPO and its affiliates, unless otherwise noted. The use, reproduction, and/or re-transmission of the materials without the written permission of EyeProGPO is strictly prohibited. EyeProGPO neither represents nor warrants that your use of materials displayed on the Site will not infringe upon the rights of third parties not owned by or affiliated with EyeProGPO. The names, trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are trademarks and registered trademarks of EyeProGPO, its affiliates and third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of EyeProGPO, its affiliates or such third party that may own the Trademarks displayed on the Site.

Copyright Violations

If you believe that your copyrighted work has been copied and is accessible through the Site in a way that constitutes copyright infringement, please notify our designated copyright agent. The notice must include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“Copyright Act”). As of the date of the posting of these Terms, the information that you must provide includes: identification of the copyrighted work that allegedly has been infringed; identification of the material on the Site that you believe infringes the copyright (with sufficient specificity to allow EyeProGPO to locate it); a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; a statement that the information you have provided is accurate and, under penalty of perjury, that you are the owner of the copyright involved or are otherwise authorized to act for the owner; your physical or electronic signature or the signature of a person authorized to act on behalf of the owner of the allegedly infringed right; and your contact information. Please keep in mind that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that the material or activity is infringing may be subject to liability. Any claims of copyright infringement concerning the Site should be sent to legal@EyeProGPO.com. Only copyright matters should be sent to the above email address. No other communications will be accepted.

Contributions to Site

EyeProGPO may provide areas of the Site or links where you may post any communications, materials, ideas, suggestions, or submissions, including, but not limited to, content, creative suggestions, ideas, notes, drawings, concepts, business proposals, or other information (collectively, the “Communications”). If you transmit Communications, the Communications shall be deemed non-confidential and nonproprietary (even if you mark them “confidential” or “proprietary”). Any such Communications shall become the property of EyeProGPO and may be used for any purpose. EyeProGPO is free to use any ideas, concepts, know-how, or techniques contained in any Communications you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing commercial products or services using or based upon such information, without compensation to you. You are responsible for all Communications posted and submitted on the Site.  You agree not to post any Communications that (1) you do not own or do not have the permission of the third party to use and post, (2) is unlawful, threatening, libelous, defamatory, obscene, pornographic, or that would violate any law or (3) violates any third party’s intellectual property rights. EyeProGPO is not responsible or liable for the Communications posted and submitted by others. EyeProGPO may remove Communications submitted for any reason at any time.

Disclaimer

While EyeProGPO uses reasonable efforts to include accurate and timely information on the Site, EyeProGPO makes no representations or warranties as to the accuracy of such information. EyeProGPO assumes no liability or responsibility for any errors or omissions in the content of the Site. THE MATERIALS, CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EYEPROGPO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. This section shall not affect any warranties that cannot be excluded or limited under certain jurisdictions. EyeProGPO does not represent or warrant that the Site, functions, content, or any services obtained through the Site will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, that this Site or the server that makes it available are free of viruses or other harmful components or that the Site will otherwise meet your needs. EyeProGPO assumes no responsibility, and shall not be liable for, any damages to, viruses or destructive code that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in EyeProGPO.com or your downloading of any information, materials, data, text, images, video, or audio from the Site. Links to third party websites by the Site may be provided solely as a convenience. If you decide to access any of the third-party websites liked to by the Site, you do so entirely at your own risk. EyeProGPO is not responsible for any of these third-party websites or their content. EyeProGPO reserves the right to suspend or withdrawal the whole or any part of the Site at any time without notice without incurring liability.

Limitation of Liability

IN NO EVENT SHALL EYEPROGPO, ITS AFFILIATES, SUPPLIERS OR THER THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, SERVICES OBTAINED THROUGH THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT OR ANY OTHER LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EYEPROGPO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE SITE.

Indemnification

You hereby agree to indemnify, defend and hold EyeProGPO and its affiliated companies, and all officers, directors, owners, agents, affiliates and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of (1) any breach of these Terms by you, (2) your use of the Site and (3) your contributions to the Site. You shall use your best efforts to cooperate with EyeProGPO in the defense of any claim; provided, however, that EyeProGPO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Privacy

EyeProGPO respects the privacy concerns of the users of this Site. Certain non-personal information may be recorded by the standard operation of this Site, for the purposes of aggregate statistical analysis and Site customization. For a complete statement of our policies related to online privacy, please read our Privacy Policy, available at our Website homepage.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Atlanta, Georgia. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Miscellaneous

Unless otherwise specified herein, the information and materials on the Site are presented solely for the purpose of promoting products or services of EyeProGPO, which are available in the United States, its territories and possessions. This Site is maintained and operated by EyeProGPO from its offices in Watkinsville, Georgia. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. By downloading or using software from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions. These Terms are effective until terminated by either party. You may terminate these Terms at any time by destroying all materials obtained from any and all EyeProGPO Site(s) and all related documentation and all copies thereof. These terms may be terminated by EyeProGPO, in EyeProGPO’s sole discretion, at any time and with no notice thereof. Upon EyeProGPO’s termination of these Terms, you must destroy all materials obtained from this site or any other EyeProGPO Purchasing Group site(s) and all copies thereof. If you would like to contact EyeProGPO, please contact Corporate Communications at 1070 Regency Walk, Watkinsville, Georgia 30677. Any attempt to violate the security of this Site is strictly prohibited. EyeProGPO may assign its rights and duties under these Terms without any notification to you. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties.