Terms
OVERVIEW
Welcome to eyzonholdings.com (the “Site or site”) owned and operated by EyzOn Holdings, LLC, a Wyoming Limited Liability Company (the “Company”). The Company offers various products for sale as provided through its other sites listed herein this website. Throughout this document, the terms “we”, “us” and “our” refer to the Company and/or this Site. Please read these Terms carefully before accessing or using our Site.
By interacting with, and/or placing orders with the Company through this Site, you agree to be subject to these Terms and Conditions (collectively, the “Terms” as shown in the title above). The Company reserves the right to modify and/or amend these Terms at any time, for any reason.
Any new content of any kind which is added to this Site in the future shall also be subject to these Terms. You can review the most current version of the Terms at any time here on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
THIRD-PARTY LINKS
If there are any third-party links on our site, these third-party links may direct you to their or other third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services offered by or of those third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PERSONAL INFORMATION
Your submission of personal information through our store, shopping cart, checkout page, account page or elsewhere on our site is governed by our Privacy Policy, which can be viewed here: Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our site, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied to our site, should be taken to indicate that all information on our site has been modified or updated as perhaps only a portion of the information may have been updated or modified.
PROHIBITED USES
In addition to other prohibitions as set forth herein the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
DISCLAIMER OF WARRANTIES
THE COMPANY, ON BEHALF OF ITS AFFILIATES, LICENSORS, SUPPLIERS, AGENTS, AND SUBCONTRACTORS, EXPRESSLY DISCLAIMS (1) ALL REPRESENTATIONS AND WARRANTIES CONCERNING THE SCOPE OR VALIDITY OF ANY INTELLECTUAL PROPERTY RIGHTS CONCERNING THE PRODUCTS; (2) ANY WARRANTY THAT THE DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, SALE, MARKETING OR SALE, OR USE OF THE PRODUCTS OR ANY RELATED INTELLECTUAL PROPERTY RIGHTS BY CUSTOMER WILL NOT INFRINGE UPON ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY; AND (3) ANY PROVIDED IN ANY APPLICABLE PROVISION OF THE UNIFORM COMMERCIAL CODE OR ANY OTHER COMPARABLE LAW OR STATUTE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE PRODUCTS PROVIDED BY THE COMPANY, INCLUDING, BUT NOT LIMITED TO, THOSE ITEMIZED ON ANY INVOICE ISSUED BY THE COMPANY, ARE FURNISHED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, USEFULNESS, COMMERCIAL UTILITY, ADEQUACY, COMPLIANCE WITH ANY LAW, DOMESTIC OR FOREIGN, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR THE VALIDITY OF ANY INTELLECTUAL PROPERTY CONCERNING OR RELATED TO THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, EXCEPT FOR CLAIMS ARISING FROM FRAUD OR WILLFUL MISCONDUCT ON THE PART OF COMPANY.
ADDITIONALLY, THE COMPANY MAKES NO WARRANTY, EXPRESSED OR IMPLIED, AS TO THE SAFETY OF ANY OF OUR PRODUCTS. ALL OF OUR PRODUCTS ARE SOLD AS NOVELTIES ONLY. FURTHERMORE, WE ACCEPT NO RESPONSIBILITY FOR INJURIES SUSTAINED WHILE USING OUR PRODUCTS. THE PURCHASER ASSUMES ALL RISK AND LIABILITY OF USE FOR ALL OUR PRODUCTS.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES PROVIDED BY COMPANY TO CUSTOMER AND NO EXPRESS OR IMPLIED WARRANTIES PROVIDED BY COMPANY TO CUSTOMER’S END CUSTOMERS IN SUCH A CASE THAT COMPANY MAINTAINS AN AFFILIATE PROGRAM. COMPANY DISCLAIMS, AND CUSTOMER AND/OR END CUSTOMER WAIVES, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. NO AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING SAFETY, SUITABILITY FOR USE, OR THE PERFORMANCE OF PRODUCTS SHALL BE DEEMED TO BE A WARRANTY OR GUARANTY BY COMPANY FOR ANY PURPOSE.
LIMITATION OF LIABILITY
IN NO CASE SHALL THE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER TO THE OTHER PARTY OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON SUCH OTHER PARTY OR ANY OTHER PERSON, INCLUDING ANY SUCH LIABILITY ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (A) THE MANUFACTURE, USE, OFFER FOR SALE, SALE, OR IMPORT OF ANY PRODUCTS OR THE PRACTICE OF THE INTELLECTUAL PROPERTY LICENSED HEREUNDER; (B) THE USE OF OR ANY ERRORS OR OMISSIONS IN ANY INTELLECTUAL PROPERTY RELATED TO THE PRODUCTS; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES CONCERNING ANY OF THE FOREGOING.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, THE SITE, ANY SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS (IF ANY), SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY YOURSELF DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF THE COMPANY.
SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms published herein).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
GOVERNING LAW
These Terms and any separate agreements whereby we provide you products shall be governed by and construed in accordance with the laws of United States.
Further, these Terms and Conditions and the sale of any and all Products shall be construed in accordance with and governed by the laws of the State of Pennsylvania or Wyoming (choice of the Company), without regard to its conflicts of laws or principles.
HEADINGS
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms.
CONTACT US
If you have any questions or concerns about any aspect of this Privacy Policy or our privacy practices, or if you would like to exercise the choices discussed above, please contact us via email at info@eyzonholdings.com or send your questions or concerns by letter to the following address or at such other address as the Company may designate:
EyzOn Holdings, LLC
PO Box 3
Fairview Village, PA 19409
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EyzOn Holdings, LLC
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