Clarity Eye - Terms of Use

Welcome to this website owned by Clarity Eye (referred to as "Clarity Eye" or "we," "us," or "our" herein). By using this Website, you provide consent to these Terms of Use. By accessing, browsing, or otherwise using this Website, you (the User) agree to be bound by the Terms and Conditions in effect at the time you access the Site, as outlined below. Please read this Agreement carefully before proceeding. If you do not agree to these Terms of Use, please do not use this Website.

Please check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes to these Terms of Use, subject to our procedures for material changes to our Privacy Policy, will mean you accept those changes. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time.

Restrictions of Material Use

Except as otherwise permitted by these Terms of Use, no material from this Website may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, non-commercial home use provided you keep intact all copyright and other proprietary notices.

Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website is permitted without the prior written consent of Clarity Eye. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

Use of Website

Impersonation of others, including a Clarity Eye employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Website any Content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law.

Clarity Eye does not wish to receive Material from you that is or may be confidential, secret, or proprietary information. Therefore, you acknowledge and agree that any Material which you provide to Clarity Eye including, but not limited to, your ideas, suggestions, comments, and other feedback regarding your use of or in connection with this Website, is not confidential, secret, or proprietary. By providing any Material you consent to Clarity Eye using any of your Material, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting, or publishing your Material for the commercial purposes of Clarity Eye, in accordance with the Clarity Eye Privacy Statement.

You may not upload commercial content on the Website or use the Website to solicit others for any other commercial online service or other organization.

You may not without the prior written permission of Clarity Eye, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website.

You may not establish links to or from other websites to this Website without the prior written consent of Clarity Eye.

You may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; or flood this Website with electronic traffic designed to slow or stop its operation.

You acknowledge and agree that unprotected e-mail communication over the Internet is subject to possible interception, alteration, or loss. You also represent and warrant that your Material and Clarity Eye’s use of such Material as permitted in these Terms, does not infringe on your rights or the rights of any other person or entity.

Privacy Statement

How we respect the information we collect during your visit to this Website is explained in our Privacy Statement section, the Terms of which are expressly incorporated and deemed to form part hereof. Please see our Privacy Statement section for further information on how we collect, use and disclose personal information, including your personal information and the content which you provide us through our Website and social media.

Intellectual Property

All content included on this Website, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e., collection, arrangement, and assembly) is the exclusive property of Clarity Eye or its suppliers and is protected by Canadian and other copyright laws and international treaties.

Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited.

Clarity Eye owns all trade names, trademarks, service marks, logos and trade styles on this Site. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited.

Third-Party Copyrights

If you believe any Content on the Website infringes your copyright, you may request removal of such Content (or access thereto) from this Website by contacting Clarity Eye and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent/mandatary, or the law.
A statement that the information that you have supplied is accurate and indicating that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

To protect the rights of copyright owners, Clarity Eye maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.

Links to Other Sites

We may include links from our site to sites that are owned by entities that are not affiliated with Clarity Eye. Clarity Eye does not operate or control the content of these third-party sites. We also do not control the goods or services offered through these sites. When and if you access one of these sites through a link on our Website, you do so at your own risk. When you click on the link from our site to the other site, you actually leave clarityeye.ca site. Clarity Eye expressly disclaims any liability for any issues you may experience while you are visiting any other site.

Submissions to Clarity Eye

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Clarity Eye through this Website becomes the exclusive property of Clarity Eye, and Clarity Eye is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission.

The user acknowledges the originality of any submission communicated to Clarity Eye and accepts responsibility for its accuracy, appropriateness, and legality.

Warranty Disclaimer

This Website and the materials, Widgets and products on this Website are provided "as is" and without warranties or conditions of any kind, either expressed, implied or collateral.

To the fullest extent permissible pursuant to applicable law, Clarity Eye disclaims all warranties and conditions, expressed, implied or collateral, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular or general purpose and non-infringement.

Clarity Eye does not represent or warrant that the functions contained on the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. Clarity Eye does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability or otherwise.

You, the User, (not Clarity Eye) assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Clarity Eye be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use this Website or the performance of any Widgets or products, even if Clarity Eye or authorized representatives of Clarity Eye have been advised of the possibility of such damages.

Some jurisdictions do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

In no event shall Clarity Eye's total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website.

Indemnification

As a condition of use of this Website, you agree to indemnify, defend, and hold harmless Clarity Eye, its officers, directors, employees, agents, mandataries, licensors and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable legal fees, resulting from your use of this Website or any Widget, including any claims alleging facts that if true would constitute a violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.

Surveillance

Clarity Eye may monitor the access to its Website and other activities in relation to its Website for quality control or any other purpose and may intervene in this regard. You consent to such surveillance and intervention should Designer Brands elect to do so.

Other

The Terms and Conditions of this Website shall be interpreted and governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Clarity Eye may determine in any and all actions, disputes, or controversies relating hereto.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Clarity Eye’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If you have any questions, concerns, or comments about Terms of Use, you may contact us at the information below:

Clarity Eye
9135 Keele Street, Unit A5
Vaughan ON
L4K 0J4
416.663.3937

info@clarityeye.ca