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Terms and ConditionsA. IndemnityYou agree to indemnify, defend, and hold harmless The Eye Academy of America, Ltd. (which includes The Eye Academy of America, Ltd.'s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website. B. Revisions to this Website and this User Agreement The Eye Academy of America, Ltd. may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. The Eye Academy of America, Ltd. may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes. C. Operation of Website; Availability of Products and Services The Eye Academy of America, Ltd. controls and operates this Website from Denver, Colorado in the United States of America, and The Eye Academy of America, Ltd. makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although The Eye Academy of America, Ltd. products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide. D. Jurisdiction, Venue, and Alternative Dispute Resolution Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and The Eye Academy of America, Ltd. will be settled solely by binding arbitration. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Denver, Colorado, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by The Eye Academy of America, Ltd. relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in Denver or Boulder, Colorado. Accordingly, you consent to the The Eye Academy of America, Ltd. jurisdiction of the courts in Denver or Boulder county, Colorado with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by The Eye Academy of America, Ltd. to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, The Eye Academy of America, Ltd.'s operations, and/or The Eye Academy of America, Ltd.'s products or services caused by your act or failure to act. E. Severability If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement. Privacy PolicyThis Privacy Policy. This privacy policy describes The Eye Academy of America, Ltd. baby clothing's current policies and practices with regard to personal data collected by The Eye Academy of America, Ltd. through its website Icondenver.com. The term "personal data" refers to personally identifiable information about you, such as your name, birth date, e-mail address or mailing address, and any other information that is identified with you personally, including your individual health information.Notification of Changes to This Policy. The Eye Academy of America, Ltd. is continually improving and adding new functionality and features to its websites and improving and adding to our existing products, services, and programs. Because of these ongoing changes, changes in the law, and the changing nature of technology, The Eye Academy of America, Ltd.'s data practices will change from time to time. If our data practices change, The Eye Academy of America, Ltd. will post the changes on our websites to notify you of the changes. We encourage you to check this page frequently. This policy was last updated on 4/5/2006. Personal Data Collected Through Icondenver.com. Other than cookies, as described below, the only personal data The Eye Academy of America, Ltd. currently collects through its websites is the information you voluntarily give us when you use our sites. For example, you may use this site to contact The Eye Academy of America, Ltd. with questions and comments. When you fill out a form on our websites, you may provide your name and other contact information, including your company's name, your e-mail address, and your mailing address or the mailing address of your company or other personal information. If you do not wish to fill out all of the information on the form you are not required to do so. Most of our registration forms require only your name and e-mail address. When you submit information to us through Icondenver.com, you will receive a confirmation e-mail if you enter a valid e-mail address. Use of Personal Data Collected Through Icondenver.com. The Eye Academy of America, Ltd. uses the personal data information you provide to answer your question or resolve your problem. The Eye Academy of America, Ltd. and our affiliates also use this information to help us improve the content and functionality of our websites, to better understand our customers and markets, and to improve our products and services. The Eye Academy of America, Ltd. and our affiliates may use this information to contact you in the future to tell you about products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. Similarly, we may provide "subscription" e-mail services, either directly or through affiliates, which enable you to receive current news about The Eye Academy of America, Ltd. products. For all such services, we will provide an opportunity to "opt-out" of, or cancel, the subscription. Please see the "unsolicited ideas" heading under Terms and Conditions for more information about our use of the communications we receive through The Eye Academy of America, Ltd. websites. Anonymous Data Collected Through Icondenver.com. In addition to the information you provide when you use our websites, The Eye Academy of America, Ltd. uses technology to collect anonymous information about the use of our websites. For example, we use technology to track how many visitors access our websites, the date and time of their visit, the length of their stay, and which pages they view. We also use technology to determine which web browsers our visitors use and the address from which they accessed our sites (for example, if they connected to a The Eye Academy of America, Ltd. website by clicking on one of our banner ads). This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of our sites. The Eye Academy of America, Ltd. and our affiliates use this anonymous data and share it with third parties to improve the content and functionality of our websites, to better understand our customers and markets, and to improve our products and services. Cookies. A cookie is a small piece of information that is sent to your browser and stored on your computer's hard drive. Cookies do not damage your computer and they cannot be used to discover the identity of a user. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not and whether you are required to accept the cookie to view certain content. The Eye Academy of America, Ltd. may use cookies to "persist" a user session - that is, to maintain connection with a user as he or she moves through an application or series of web pages. The purpose of cookies in this context is to remember user inputs. For example, a "shopping cart" application records purchases up until the user reaches checkout. Personalization features also use cookies to identify groups of users and deliver appropriate content and services. Disclosure of Your Personal Data. The Eye Academy of America, Ltd. baby clothing may share some or all of the personal data collected through this website with our affiliates, who use this data in accordance with this Privacy Policy. Both The Eye Academy of America, Ltd. and our affiliates may share personal data collected through its websites with third-party vendors who act for or on behalf of The Eye Academy of America, Ltd. or our affiliates (for example, companies that provide support services to us, including data processing services, or that help us market our products and services). These companies may need information about you in order to perform their functions. In addition, there may be some other, limited circumstances in which The Eye Academy of America, Ltd. toddler clothing or our affiliates may share or transfer the personal data in our databases, for example, to comply with a legal requirement, for the administration of justice, to protect your vital interests, or in the event of a corporate sale, merger, reorganization, dissolution, or similar event. While no method of data transmission is guaranteed against unlawful third party interception or other misuse, The Eye Academy of America, Ltd. uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities (e.g., your data is protected onsite by our Information Assets Protection Policy). Children. The Eye Academy of America, Ltd. does not knowingly collect personal data from children under the age of thirteen. If you are under thirteen, please do not give us any personal data. If you have reason to believe that a child has provided personal data to The Eye Academy of America, Ltd. infant clothing, please contact us, and we will try to delete that information from our databases. Link to Other Sites. This privacy policy applies only to The Eye Academy of America, Ltd. baby clothing online store. The Eye Academy of America, Ltd. and our affiliates operate other websites for different purposes and in different countries where different laws may apply. If you visit a The Eye Academy of America, Ltd. website, please take a moment to review the privacy policy posted on that site to learn what personal data may be collected through that site and how it is processed. The Eye Academy of America, Ltd. websites contain hyperlinks to websites that are not operated by The Eye Academy of America, Ltd. baby clothing or one of our affiliates. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. The Eye Academy of America, Ltd. baby clothing does not control these websites and is not responsible for their data practices. We urge you to review the privacy policy posted on any site you visit before using the site or providing any personal data about yourself. Governing Law. This privacy policy forms part of our website Terms and Conditions and as such shall be governed by and construed in accordance with the laws of the State of Colorado. Questions About Our Privacy Policy. If you have any questions about this privacy policy or concerns about the way The Eye Academy of America, Ltd. processes your personal data, please contact us. | | | |||||||||||||||||
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