TERMS OF USE

TERMS OF USE

TERMS AND CONDITIONS OF USE

This Service Agreement ("Agreement") applies to the purchase of all services (collectively, the "Services") ordered by you or your parent or legal guardian (Collectively referred to as “YOU,” “YOUR,” or “YOURSELF”) from or through 20/20 Vision factory, (2020visionfactory.com), (collectively, the “PROVIDERS”). By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to the terms, conditions and notices contained or referenced herein , please do not use this site. The Providers reserve the right to amend the Service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing or future customers and reserves the right to terminate and/or assign the service.

BILLING AND PAYMENT

YOU shall pay the fees and other charges for each Service as provided in the applicable order form. The Providers reserve the right to change rates by notifying YOU ninety (90) days in advance of the effective date of the change. Service charges shall be invoiced in accordance with the terms and conditions set forth both herein and in the Order Form. All payments shall be made in U.S. currency. YOU will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due ("Due Date"). Accounts unpaid after the Due Date may have service suspended or terminated at the Providers’ discretion. Such suspension or termination shall not relieve YOU of YOUR obligation to pay the fee due. YOU agree to pay the Providers their reasonable expenses, including attorney's fees and collection agency fees, incurred in enforcing their rights under this Agreement. YOU shall pay all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services and or the sale of hardware, software or equipment to YOU, except that taxes based on the Providers net income or which state or Federal law require to be paid by the seller shall be the responsibility of each of the Providers, respectively.

TERM AND CANCELLATION

The term of this Agreement shall be for successive one year periods. If YOU cancel YOUR Service Agreement prior to the end of a year, the Providers shall not refund to YOU any fees paid in advance of such cancellation. For security, all cancellation requests must be made by the primary contact person on the account, who must provide sufficient customer identification information. Any cancellation request shall be effective upon receipt, unless another date is specified in such cancellation request. Any cancellation by the Providers or YOU shall not relieve YOU of any obligations to pay fees accrued prior to such cancellation. Upon any expiration or termination of YOUR Service as set forth in this Agreement, the Services, including, without limitation, any and all benefits associated with YOUR Service shall thereupon terminate effective immediately.

20/20 VISION FACTORY'S ACCEPTABLE USE POLICY

YOU shall at all times adhere to the Service Providers' policies contained herein, as amended from time to time by the Providers and effective upon posting of the revised policy. Notwithstanding anything to the contrary contained herein, the Providers may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by YOU of the Providers Acceptable Use Policy. In the event the Providers take corrective action due to a violation of the Providers' Acceptable Use Policy, the Providers shall not refund to YOU any fees paid in advance of such corrective action. Connectivity is provided for YOU only. Resale of username or password connectivity to other individuals or organizations is strictly prohibited, unless otherwise expressly agreed by the Providers.

LAWFUL PURPOSES

2020VISIONFACTORY.COM may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulations is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening, obscene, defamatory, or material protected by trade secret. Any access to other networks connected to 2020VISIONFACTORY.COM must comply with the rules appropriate for that other network and with 2020VISIONFACTORY.COM rules. Use of 2020VISIONFACTORY.COM itself may be for any lawful purpose.

It is sometimes difficult to determine whether postings are innocent, inadvertent or intentional. The Providers reserve the right of judgment. The following, without limitation, are prohibited from the Providers' Network:

1) Intellectual Property Violations. Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. The Providers are required by law to remove or block access to user content upon receipt of a proper notice of copyright infringement. It is also the Providers' policy to terminate the privileges of users who commit repeat violations of copyright laws.

2)Obscene Speech or Materials. Using the Providers' network to advertise, transmit, store, post, display, or otherwise make available obscene speech or material.

3) Other Illegal Activities. Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available, pyramid schemes, fraudulently charging credit cards and pirating software.

4) Other Activities. Engaging in activities, whether lawful or unlawful, that the Providers determine to be harmful to their customers, operations, reputation, goodwill, or customer relations.

OWNERSHIP OF RIGHTS

This Service and all the content offered through it, including, but not limited to, software, audio clips, video clips, other music and video files and everything else YOU see and hear through the Service (all of these things are commonly referred to as "Content") are owned exclusively by the Providers or others that have licensed their material to the Providers. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that YOU and others using this Service can't use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in this agreement. YOU are authorized only to make personal, noncommercial use of the Content and the Service. All rights not expressly granted to YOU in this agreement are reserved by the Providers (and/or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as "Trademarks") that appear on this Service are owned by the Providers or others that have licensed their use to the Providers. The Trademarks may not be used in any manner without the prior permission of the owners. The Providers (or their licensees as the case may be) own all rights in the Technology. The "Technology" means all rights under copyright, patent, trademark, trade secret and all other proprietary rights in and to the technology and software used by the Providers in the operation of the Service. YOU will not gain any ownership or other rights in any Technology by reason of this agreement or otherwise. YOU understand that any unauthorized use of the Technology or Content would result in irreparable injury to the Providers for which money damages would be inadequate and in such event the Providers will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

POLICY ON SUBMITTED ARTWORK AND PHOTOS

By sending us unsolicited artwork YOU (or YOUR parent or legal guardian, if YOU are under 18 years of age) are giving us permission, in perpetuity, on a no-charge basis, to use the artwork in connection with 2020VISIONFACTORY.COM, The Silver Valley Digital Gazette, newsletters and/or in connection with any advertisements and promotions for 20/20 VISION FACTORY. YOU (or YOUR parent or legal guardian, if YOU are under 18 years of age) certify that any artwork YOU submit to 20/20 Vision factory, (2020visionfactory.com), is YOUR original work and has never been copyrighted or, if copyrighted, that YOU are the sole copyright owner.

WARRANTY

YOU acknowledge and agree that the Providers exercise no control over, and accept no responsibility for, the content of the information passing through the Providers' host computers, network hubs and points of presence (the "Providers' Network") or the Internet. NEITHER THE PROVIDERS, THEIR RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS, PARENTS, THIRD-PARTY INFORMATION THE PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT THE PROVIDERS PROVIDE. NEITHER THE PROVIDERS, THEIR RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION THE PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. THE PROVIDERS ARE NOT LIABLE FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICE(S) PROVIDED BY THE PROVIDERS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE PROVIDERS, THEIR SUBSIDIARIES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE PROVIDERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

YOU will indemnify, save harmless, and defend the Providers and all employees, officers, directors, affiliates, parents, and agents of the Providers (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to YOUR use of the Services, including any violation of the Providers' Acceptable Use Policy, and specifically including without limitation, the posting or other proliferation by YOU of obscene, pornographic, or defamatory words or pictures.

CHOICE OF LAW AND FORUM

The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without regard to conflicts of laws rules. YOU expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or YOUR use of this site shall be filed only in the state or federal courts located in the City of Los Angeles in the State of California, and YOU hereby submit to the exclusive jurisdiction of the State and Federal courts in the State of California for the purpose of any action or proceeding arising out of or related to this agreement or YOUR status as Customer/member of 20/20 Vision Factory.

FORCE MAJEURE

The Providers shall not be liable for failure or delay in performing their obligations hereunder if such failure or delay is due to circumstances beyond their reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

AMENDMENT OR WAIVER

Except as otherwise provided herein, this Agreement may not be amended except with written notice from the Providers. No failure to exercise and no delay in exercising any right, remedy, or power hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

ASSIGNMENT AND SEVERABILITY

This Agreement shall be binding upon and inure to the benefit of YOU, the Providers and the Providers' respective successors, and assigns. YOU may not assign this Agreement without the prior written consent of the Providers. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

ENTIRE AGREEMENT

This Agreement including any other document or agreements specifically identified in this Agreement, supersedes all previous representations, understandings or agreements.

ACCEPTANCE OF SERVICES

ACCEPTANCE OF THIS AGREEMENT BY THE PROVIDERS MAY BE SUBJECT, IN THE PROVIDERS' ABSOLUTE DISCRETION, TO YOUR SATISFACTORY COMPLETION OF A CREDIT CHECK. ACTIVATION OF SERVICE SHALL INDICATE THE PROVIDERS' ACCEPTANCE OF THIS AGREEMENT. USE OF THE PROVIDERS' NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT AND THAT THERE ARE NO CONFLICTING CLAIMS RELATING TO THE RIGHTS GRANTED BY THIS AGREEMENT. YOU FURTHER REPRESENT AND WARRANT (THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR (ii) THE PARENT OR LEGAL GUARDIAN REGISTERING ON BEHALF OF A MINOR WHO WISHES TO PARTICIPATE OR BE LISTED ON THIS SITE.

MODIFICATION

The Providers reserve the right to modify this Agreement at any time, without notice and such modifications will become active when posted to 2020VISIONFACTORY.COM or otherwise as part of 20/20 Vision factory.

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