TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 05/31/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Electro-Optix DBA HEADBANDMAGNIFIERS.COM , also known as Magnifier.com, located at 2181 N Powerline Rd, Pompano Beach, Florida 33069 and our subsidiaries and affiliates, in association with the use of the HEADBANDMAGNIFIERS.COM website, which includes HEADBANDMAGNIFIERS.COM , (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description: Sell/Distribute Magnifiers, Loupes and Optical Inspection Tools.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.” The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Electro-Optix DBA HEADBANDMAGNIFIERS.COM . At its discretion, Electro-Optix DBA HEADBANDMAGNIFIERS.COM may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Electro-Optix DBA HEADBANDMAGNIFIERS.COM does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Electro-Optix DBA HEADBANDMAGNIFIERS.COM shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
You herein acknowledge, understand and agree that all of the Electro-Optix DBA HEADBANDMAGNIFIERS.COM trademarks, copyright, trade name, service marks, and other Electro-Optix DBA HEADBANDMAGNIFIERS.COM logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Electro-Optix DBA HEADBANDMAGNIFIERS.COM . You herein agree not to display and/or use in any manner the Electro-Optix DBA HEADBANDMAGNIFIERS.COM logo or marks without obtaining Electro-Optix DBA HEADBANDMAGNIFIERS.COM prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Electro-Optix DBA Magnifier.com will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Electro Optix DBA HEADBANDMAGNIFIERS.COM may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Electro-Optix DBA HEADBANDMAGNIFIERS.COM Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follow–
Attn: Copyright Agent 2181 N Powerline Rd
Pompano Beach, Florida 33069
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Electro-Optix DBA HEADBANDMAGNIFIERS.COM with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Electro-Optix DBA HEADBANDMAGNIFIERS.COM , shall be filed within the courts having jurisdiction within the County of Broward, Florida or the U.S. District Court located in said state. You and Electro-Optix DBA Magnifier.com agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Electro-Optix DBA HEADBANDMAGNIFIERS.COM fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. NO
RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.