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Purchasers Responsibilities
Due to the nature of equipment sold on
ESLI Surveillance website, the purchaser assumes certain
responsibilities.
It
is the responsibility of the purchaser,
and not ESLI Surveillance (EyeSpyL.I.) or its subsidiaries to determine and comply
with all federal, state, local laws and government regulations in regard to the
purchase, possession and use of all products offered on www.eyespyli.com.
When applicable,
products sold may be subject to Public Law 90-351, Title 3, 18 U.S.D., Section
2511. Purchaser
assumes all liability or damage resulting from the use, misuse or unlawful use
of any of the products offered.
By placing an order, the purchaser
represents that he/she is of legal age to receive the products ordered and that
the products will be used in a legal and lawful manner in accordance with all
applicable federal, state, and local
laws.
As no product is 100% effective against
attack, ESLI assumes no responsibility if any product used in this site
is not effective in preventing lawsuits, loss of property, bodily
injury, dismemberment, or death.
Copyrights
This Site and the materials within it are © 2008 ESLI Surveillance
(EyeSpyL.I.). Viewing this Site creates a copy of ESLI materials in your
computer's random access memory and/or in your hard drive and/or in your
proxy server.
Use License
The ESLI trademark along with ("EyeSpyL.I. Surveillance" or "EyeSpyL.I.") grant you permission to view
this Site and to print individual pages from this Site for your own
personal, noncommercial use, provided that you agree to and accept
without modification the notices, terms and conditions set forth in this
agreement. You may not modify, copy (except as set forth in the
preceding sentence), distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or sell any
information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without
modification of the notices, terms and conditions set forth herein. In
addition, as a condition of your use of this Site, you represent and
warrant to ESLI that you will not use this Site for any purpose that is
unlawful, immoral or prohibited by these terms, conditions and notices.
If you do not agree and accept without modification the notices, terms
and conditions set forth herein, do not use this Site. Other than this
agreement and agreements between you and The ESLI relating to the sale
of products or services to you through this Site, ESLI will not enter
into any agreement with you or obligation to you through this Site and
no attempt to create such an agreement or obligation will be effective.
Trademarks
The trademarks, service marks and logos (the "Trademarks") used and
displayed on this Site are registered and unregistered Trademarks of
ESLI and others. Nothing on this Site should be construed as granting,
by implication, or otherwise, any license or right to use any Trademark
displayed on the Site, without the prior written permission of the
Trademark owner. ESLI aggressively enforces its intellectual property
rights to the fullest extent of the law. The name of ESLI, The
ESLI logo or the other ESLI formatives may not be used in any way,
including in advertising or publicity pertaining to distribution of
materials on this Site, without prior, written permission from ESLI.
ESLI prohibits use of The ESLI logo as part of a link to or from any
site unless establishment of such a link is approved in advance by ESLI
in writing. Fair use of ESLI's Trademarks requires proper
acknowledgment. Other product and company names mentioned in this Site
may be the Trademarks of their respective owners.
Product Orders
While we will use our best efforts to fulfill all orders, ESLI cannot
guarantee the availability of any particular product displayed on this
Site. ESLI reserves the right to discontinue the sale of any product
listed on this Site at any time without notice.
Product prices offered on this Site may vary from other advertised
prices due to varying conditions in different geographic markets.
The prices displayed on this Site are quoted in U.S. dollars and are
valid and effective only within the United States, and such prices do
not include shipping and handling or sales taxes, if applicable, which
will be added to your total invoice price. You are responsible for the
payment of any shipping and handling charges and state and local sales
or use taxes that may apply to your order.
While our goal is a 100% error-free Site, we do not guarantee that any
content is accurate or complete, including price information and product
specifications. If we discover price errors, they will be corrected on
our systems, and the corrected price will apply to your order. ESLI
reserves the right to revoke any stated offer and to correct any errors,
inaccuracies or omissions (including after an order has been submitted
and accepted).
For further information about purchasing products from ESLI, please read
our FAQ: General Information About Products and our Product Return
Policy carefully.
Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties other
than ESLI. Such links are provided for your reference only. The ESLI
does not control outside Sites and is not responsible for their content.
The ESLI's inclusion of links to an outside Site does not imply any
endorsement of the material on the Site or, unless expressly disclosed
otherwise, any sponsorship, affiliation or association with its owner,
operator or sponsor, nor does ESLI's inclusion of the links imply that
ESLI is authorized to use any trade name, trademark, logo, legal or
official seal or copyrighted symbol that may be reflected in the linked
Site.
ESLI also may make employment information available through this Site.
The ESLI is an equal opportunity employer. The ESLI provides equal
employment opportunity to qualified persons without regard to race,
color, religion, sex, national origin, age, veteran status or
disability. ESLI's policy relates to all phases of employment including
recruitment, placement, promotion, training, demotion, transfer, layoff,
recall and termination, rates of pay, employee benefits and
participation in all company-sponsored employee activities.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW
IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN.
THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF THE ESLI OR
ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR
REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR
RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY
SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR
MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF
ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR
MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS
MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
NO WARRANTIES; EXCLUSION OF LIABILITY
ESLI MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON
THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ESLI SPECIFICALLY
DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. ESLI SHALL HAVE ANY
LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT
OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE
OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY
INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN
RISK. IN NO EVENT SHALL EITHER ESLI, ITS AFFILIATES OR AGENTS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS
SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS
SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Contacting Us
If you have any questions about this agreement, please call us at
1-866-768-9646, log on to http://www.eyespyli.com/contact.htm, or write
us at:
ESLI Surveillance
Attn: Customer Care Center
565 Plandome Road, Box 237
Manhasset, NY 11030
Although ESLI will in most circumstances be able to receive your e-mail
or other information provided through this Site (including, without
limitation, service requests and other submissions), ESLI does not
guarantee that it will receive all such e-mail or other information
timely and accurately and shall not be legally obligated to read, act on
or respond to any such e-mail or other information. Be aware that
Internet e-mail typically is not secure.
General
You agree that this agreement and your use of this Site are governed by
the laws of the State of New York, USA. You hereby consent to the
exclusive jurisdiction and venue of the courts, tribunals, agencies and
other dispute resolution organizations in Long Island, New York, USA in
all disputes (a) arising out of, relating to, or concerning this Site
and/or this agreement, (b) in which this Site and/or this agreement is
an issue or a material fact, or (c) in which this Site and/or this
agreement is referenced in a paper filed in a court, tribunal, agency or
other dispute resolution organization. Use of this Site is unauthorized
in any jurisdiction that does not give full effect to all provisions of
this agreement, including without limitation this paragraph and the
warranty disclaimers and liability exclusions above. ESLI has endeavored
to comply with all legal requirements known to it in creating and
maintaining this Site, but makes no representation that materials on
this Site are appropriate or available for use in any particular
jurisdiction. Use of this Site is unauthorized in any jurisdiction where
all or any portion of this Site may violate any legal requirements and
you agree not to access this Site in any such jurisdiction. You are
responsible for compliance with applicable laws. Any use in
contravention of this provision or any provision of this agreement is at
your own risk and, if any part of this agreement is invalid or
unenforceable under applicable law, the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the agreement shall govern such use.
With the prior agreement of ESLI, any claim, dispute or controversy
arising out of, relating to or concerning this Site and/or this
agreement shall be decided by binding arbitration in accordance with the
Rules of the American Arbitration Association and any such arbitration
proceedings shall be brought and held in Long Island, New York, USA. The
decisions of the arbitrators shall be binding and conclusive upon all
parties involved and judgment upon any award of the arbitrators may be
entered by any court having competent jurisdiction. This provision shall
be specifically enforceable in any court of competent jurisdiction.
You agree that ESLI may at any time and without notice change the terms,
conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency
relationship exists between you and ESLI as a result of this agreement
or your use of this Site.
ESLI's performance of this agreement is subject to existing laws and
legal process and nothing contained in this agreement is in derogation
of ESLI's right to comply with law enforcement requests or requirements
relating to your use of this Site or information provided to or gathered
by ESLI with respect to such use.
This agreement, the privacy and security statement, and terms of sale
constitute the entire agreement between you and ESLI with respect to
this site. This agreement supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between you and ESLI with respect to this Site. No modification of this
agreement shall be effective unless it is authored by ESLI or its
affiliates, or unless it is physically signed in blue ink by a ESLI
officer. Any alleged waiver of any breach of this agreement shall not be
deemed to be a waiver of any future breach. A printed version of this
agreement and/or of any notice given by ESLI in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement or your use of this Site to the same extent
and subject to the same conditions as other business documents and
records originally generated and maintained by ESLI in printed form. |