This is an Agreement (“Agreement”) between Eye And Lash Health Institute, Inc. (“Eye and Lash Health Institute”) and the individual who is viewing this online Agreement (“End User”, “You”, or “Your”). Before accessing the Eye And Lash Health Institute computer software, which contains Eye And Lash Health Institute content and content supplied to Eye And Lash Health Institute by third parties, along with associated documentation, media, and “online” or electronic documentation, and other content and updates (the “Eye And Lash Health Institute Products”),You must agree to the terms and conditions contained in this License Agreement. Upon your acceptance of the terms and conditions, which is implied by your continued use of the Eye And Lash Health Institute Products, Eye And Lash Health Institute grants You a temporary and conditional license (the “License”) to use and access the Eye And Lash Health Institute Products based on the following terms and conditions:
BY ACCESSING THE Eye And Lash Health Institute PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS YOU SHALL NOT ACCESS THE Eye And Lash Health Institute PRODUCTS.
- LICENSE. Eye And Lash Health Institute grants You, subject to Eye And Lash Health Institute’s receipt of all appropriate license fees, a personal, restricted, non-exclusive, non-transferable, revocable license to access and use the Eye And Lash Health Institute Products solely for your personal purposes and solely from the Eye And Lash Health Institute website. If the Eye And Lash Health Institute Products are being licensed for hosting by You, You may use one copy of the Products only on a single computer and a single terminal, work station or other device for which the Eye And Lash Health Institute Products were designed (“Computer”) solely for development of Internet-based training applications relating to You or Your employer’s business and You may install and execute the Eye And Lash Health Institute Products solely in Executable Code form (which means the fully compiled version of a software program that can be executed by a computer and used by You without further compilation) for Your personal use at Your or Your employer’s facilities as may be needed.
- RESTRICTIONS. The License granted hereunder is personal to You. You may not transfer any of the rights granted to you under this Agreement, nor may You permit any third parties, including but not limited to your subsidiaries and affiliates, to benefit from the use or functionality of the Eye And Lash Health Institute Products. Any attempt by You to transfer any of the rights, duties or obligations hereunder is void. The Eye And Lash Health Institute Products are licensed as a single use product; they may not be shared or used concurrently on more than one Computer or by more than one user per license, except as set forth in this paragraph. The Eye And Lash Health Institute Product is “in use” on a Computer when it is loaded into the permanent memory (e.g., a hard disk or other storage device) or loaded into the temporary memory (e.g., RAM) of a Computer. You may not use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display, or otherwise grant rights to the Eye And Lash Health Institute Products, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. You may not reverse engineer, disassemble, decompile, or translate the Eye And Lash Health Institute Products, or otherwise attempt to derive the source code, structural framework or the data records of the Products, or authorize any third party to do any of the foregoing. You may not loan, resell for profit, or distribute the Eye And Lash Health Institute Products, or any part thereof in any way including, but not limited to, making the Eye And Lash Health Institute Products available to any other individual via shared access to a single computer, a computer network, or access information, which may include the log-in name and password or other authentication data for the Eye And Lash Health Institute Products. You may not remove any proprietary notices or labels from the Eye And Lash Health Institute Products, or alter the Eye And Lash Health Institute Products in any manner. You may not make copies of the Eye And Lash Health Institute Products, copy the printed materials or documentation accompanying the Eye And Lash Health Institute Products or give copies to another person, or duplicate the Eye And Lash Health Institute Products by any other means, including electronic transmission, except as specifically set forth herein.
COPYING REPRODUCTION OR ALTERING ANY OF THE Eye And Lash Health Institute PRODUCTS TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOUR CONTINUED USE AND/OR PURCHASE OF ANY Eye And Lash Health Institute PRODUCTS IS YOUR EXPRESS CONSENT TO INDEMNIFY Eye And Lash Health InstitutE SHOULD Eye And Lash Health Institute HAVE TO ENFORCE THE TERMS OF THIS AGREEMENT AGAINST YOU OR ANY THIRD PARTY FOR FAILURE TO ABIDE BY OR BREACH OF ANY OF THE TERMS OF THIS AGREEMENT. YOUR OBLIGATIONS UNDER THIS PARAGRAPH WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
- OWNERSHIP. The Eye And Lash Health Institute Products (including but not limited to all copyrights, patents, patent applications, trade secret rights, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other media incorporated into the Eye And Lash Health Institute Products) are the property of Eye And Lash Health Institute or its licensor(s) and supplier(s) and are protected by U.S. and international copyright and other intellectual property laws and treaties. The Eye And Lash Health Institute Products are licensed, not sold, to You for use only under the terms of this Agreement, and Eye And Lash Health Institute reserves all rights not expressly granted to You. Other product and company names mentioned in the Eye And Lash Health Institute Products may be the trademarks of their respective owners. For clarification, You shall have no ownership or other right, title or interest in and to the Eye And Lash Health Institute Products, including but not limited to all copyright, and trademark rights, except as provided herein, such rights have been expressly reserved by Eye And Lash Health Institute. You also agree that you will indemnify Eye And Lash Health Institute for any and all costs, expenses and damages incurred by Eye And Lash Health Institute as a result of your infringement of Eye And Lash Health Institute’s intellectual property rights in or to the Eye And Lash Health Institute Products. You further agree, regardless if Eye And Lash Health Institute Products are protected intellectual property of Eye And Lash Health Institute, you will indemnify Eye And Lash Health Institute for any damages and costs incurred by Eye And Lash Health Institute as a result of Your use of Eye And Lash Health Institute’s Products that is outside of the License, a breach of this Agreement, or that causes any damage to Eye And Lash Health Institute.
- TERM. Your right to access the Eye And Lash Health Institute Products pursuant to the terms and conditions of this Agreement begins on the start date agreed between You and Eye And Lash Health Institute when you order the Eye And Lash Health Institute Products. This Agreement is deemed accepted by You and commences upon Your completed order of any Eye And Lash Health Institute Products. The License granted to You will terminate on the earlier of the end of the last day that You are granted access to the particular Eye And Lash Health Institute Product that You licensed, or the term of the license set forth in your contract with Eye And Lash Health Institute. You agree that sections 2 (“Restrictions”), 3 (“Ownership”), 7 (“Warranty; Disclaimer”), 8 (“Limitation of Liability”), 11 (“Export Law”), and 12 (“General”) will survive termination of the License granted under this Agreement and expiration or termination of this Agreement.
- TERMINATION. This Agreement will terminate immediately without notice to You if You breach any term or condition of this Agreement. Eye And Lash Health Institute reserves the right to modify or terminate this Agreement, or any of its services and/or product offerings at any time without notice to You. You may terminate this Agreement at any time by notifying Eye And Lash Health Institute in writing. Upon receipt of notice of termination, the license shall cease, and You shall promptly destroy, or return to Eye And Lash Health Institute and Eye And Lash Health Institute Products in Your possession or control. Further, in the event of a termination or expiration of any agreement between Eye And Lash Health Institute and a third-party supplier of content, Your right to access and use such content shall expire.
- THIRD-PARTY SOURCES. You acknowledge that the Eye And Lash Health Institute Products may incorporate information that is proprietary to one or more third party (ies). Such third party(ies) are separate from Eye And Lash Health Institute, and any claims, or causes of action against Eye And Lash Health Institute for its Products shall not be binding against those third parties and You agree not to make any such claims against said third parties; and vice-versa, whereby any claims or causes against the third party for their products shall not be binding on Eye And Lash Health Institute and You agree not to make any such claims or causes of action against Eye And Lash Health Institute and will indemnify Eye And Lash Health Institute.
- CONTENT MAINTAINED BY Eye And Lash Health Institute. You acknowledge and agree that: (a) Eye And Lash Health Institute may, from time to time, elect to update the Eye And Lash Health Institute Products, but Eye And Lash Health Institute does not warrant or guarantee that any Eye And Lash Health Institute Products will be updated, or that any updates will be made available to You, at any time during the term of this Agreement; (b) Eye And Lash Health Institute does not assume, and expressly disclaims, any obligation to obtain and include any information in the Eye And Lash Health Institute Products; (c) Eye And Lash Health Institute is not advocating, warrantying or making any representation regarding the information contained in any of its products or the use of any product described, listed, or linked in the Eye And Lash Health Institute Products (or elsewhere), nor is Eye And Lash Health Institute responsible for misuse of a product due to typographical or other errors in the Eye And Lash Health Institute Products, Your negligence, or otherwise; (d) You agree to seek additional information on any product from the manufacturer; (e) None of the information contained in any of Eye And Lash Health Institute Products is to be considered medical advice, fact, or opinion, nor does it convey any medical license upon You after taking this course, and a medical professional should always be consulted; and (f) You will use the content included in the Eye And Lash Health Institute Products only as a personal education tool and reference aid, and that such content is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment or the advice of a medical doctor. In view of the possibility of human error or changes in technology, You should confirm the content in the Eye And Lash Health Institute Products through independent sources.
9.WARRANTY DISCLAIMER. THE Eye And Lash Health Institute PRODUCTS ARE PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS.” Eye And Lash Health Institute AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE Eye And Lash Health Institute PRODUCTS PROVIDED HEREUNDER OR THAT YOUR USE OF THE Eye And Lash Health Institute PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS, PURPOSE, USE, OR FUNCTION IN ACCORDANCE WITH RELATED DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND PRODUCT CONFIGURATION; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE Eye And Lash Health Institute PRODUCTS IS ENTIRELY AT YOUR OWN RISK, INCLUDING THE RISK FOR SELECTING THE Eye And Lash Health Institute PRODUCTS TO ACHIEVE YOUR INTENDED RESULTS AND PERFORMANCE, AND FOR INSTALLATION AND USE OF THE Eye And Lash Health Institute PRODUCTS.
- LIMITATION OF LIABILITY. EXCEPT WHERE THIS LIMITATION OF LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE STATUTE OR REGULATION, NEITHER Eye And Lash Health Institute NOR ITS AFFILIATES,related entities, officers, employees, owners, DIRECTORS, ATTORNEYS, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS SHALL BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE Eye And Lash Health Institute PRODUCTS, NOR Eye And Lash Health Institute’S PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, NOR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, DAMAGES FROM USE OF Eye And Lash Health Institute Products OR FAILURE OF the PRODUCTS WHEN USED, DAMAGES FROM LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES CAUSED BY THE INABILITY TO USE THE Eye And Lash Health Institute PRODUCTS, EVEN IF Eye And Lash Health Institute, ITS AFFILIATES, related entities, officers, employees, owners, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE. Eye And Lash Health Institute’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE Eye And Lash Health Institute PRODUCTS. THIS LIMITATION OF DAMAGES SET FORTH HEREIN CONSTITUTES A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Eye And Lash Health Institute AND YOU.
- U. S. GOVERNMENT END USERS. If You are using or accessing the Eye And Lash Health Institute Products and you are a government employee, then note that the Eye And Lash Health Institute Products are a “commercial item” as that term is defined at FAR 2.101 (Oct 1995), consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with FAR. 12.212 and DFARS 227.7202 (Jun 1995), all U.S. Government end users acquire the Eye And Lash Health Institute Products with only those rights set forth herein. Any use, modification, reproduction, release, performance, display, or disclosure of the Eye And Lash Health Institute Products by the U.S. government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
- EXPORT LAW. The Eye And Lash Health Institute Products and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Unless specifically authorized in writing by Eye And Lash Health Institute prior to any access, You agree not to export the Eye And Lash Health Institute Products including but not limited to re-exporting the Eye And Lash Health Institute Products, or any part thereof, or any process that is the direct product of the Eye And Lash Health Institute Products, to any country, person, or entity in violation of U.S. export restrictions. In any case, You will indemnify and hold Eye And Lash Health Institute harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by You of your obligations under this paragraph. Your obligations under this paragraph will survive the expiration or termination of this Agreement.
13.1 GOVERNING LAW AND VENUE. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of Florida as those laws are applied to contracts entered into and to be performed entirely in Florida by Florida residents. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be commenced in a state court in Palm Beach County, Florida, and each party hereto irrevocably submits to the jurisdiction and venue of any such court in any such suit, action or proceeding and waives any right which it may have to transfer or change the venue of any such suit, action or proceeding, except that in connection with any suit, action or proceeding commenced in a state court, each party retains whatever right it may have to remove such suit, action or proceeding to federal court in Florida. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
13.2.LEGAL ADVISE: None of the information contained in any of Eye And Lash Health Institute Products is legal advice nor should it be considered legal or medical advice. All legal and medical questions should be directed to an authorized attorney or doctor.
13.3 WAIVER. The failure of either party to require strict performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
13.4 ASSIGNMENT. Neither this Agreement nor any of Your rights or obligations hereunder may be assigned by You in whole or in part without the prior written approval of Eye And Lash Health Institute. Any assignment of rights or delegation of duties in derogation of the foregoing shall be null and void.
13.5 SEVERABILITY. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party’s rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
13.6 COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between Eye And Lash Health Institute and You, which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. This Agreement shall not be modified except by a subsequently dated written amendment or exhibit signed by both parties by their duly authorized representatives.
13.7 Job Placement or Advancement Disclaimer: Eye And Lash Health Institute does not guarantee job placement, improvement, advancement, or an increase in sales upon program/course completion or upon graduation.
13.8 LINKS AND OTHER PRODUCTS: Links and other products offered, advertised, or linked to shall not represent an endorsement, warranty, or any other representation by Eye And Lash Health Institute of those links, websites, or products. The linked sites are not under the control of Eye And Lash Health Institute, and Eye And Lash Health Institute is not responsible for the contents of any linked site, product, offer, advertisement, or information.
13.9 Holder in Due Course Disclaimer: Any “holder” of a consumer credit contract is subject to all claims and defenses that the debtor could assert against the seller of goods and services obtained pursuant hereto or with the proceeds hereto. Any recovery by the debtor shall not exceed amounts paid by the debtor.
13.10 Grievance Procedure: If you are dissatisfied with the services that Eye And Lash Health Institute have provided for you, you may direct your written complaint, grievance, or dispute as follows:
- (a) First Level of Contact: Customer Service Department
- (b) Second Level of Contact: Manager, Customer Service Department
- (c) Top Level of Contact: Director, Sales and Customer Service Division
Eye And Lash Health Institute, Inc.
7750 Okeechobee Blvd., Suite #4-91
West Palm Beach, Florida 33411
- (e) Please provide a detailed explanation of your issues including contact information where you can be reached. You will be contacted to discuss an agreeable resolution.
- Privacy: Commitment to Privacy
- We recognize the importance of protecting your personal information.
- We are committed to safeguarding your privacy online.
- This website does not collect personally identifying information about you except when you specifically and knowingly provide it.
- We take reasonable precautions to protect your personal information.
- When we do collect personal information, we use this to help us better serve your needs, such as through the provision of services or information that may be of interest to you.
- While this information may be made available within our network of affiliated organizations as we provide services to you, we do not sell or rent your name or personal information to any third party.
- We do not sell or rent our mailing list.
Personally identifiable information includes, but is not limited to, first and last name, physical address, zip code, email address, phone number, social security number, birth date, credit card information, financial information, and other sensitive information necessary to provide the associated services.
If, however, we are required by law to comply with a valid legal requirement such as law, federal regulation, search warrant, subpoena or court order, we may be required to release personal information.
You acknowledge that, in providing You with the Eye And Lash Health Institute Products, Eye And Lash Health Institute has relied upon your consent to be bound by the terms of this Agreement. You further acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement. This Agreement is not, however, intended to limit any rights that Eye And Lash Health Institute may have under trade secret, copyright, patent, or other laws that may be available to it.
THE Eye And Lash Health Institute PRODUCTS ARE PROTECTED BY UNITED STATES COPYRIGHT LAW, PATENT LAW, AND INTERNATIONAL TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.