Terms of use
Effective Date August 20, 2021
Welcome to Perfect eSight online store.
Before using our Site, please read these terms and our Privacy Policy too. We recommend you visiting our terms from time to time and to follow accordingly.
This agreement is between Perfect eSight (“Company”, “we”, “our”, “us”), a company that cooperated under the laws of state of Israel, and the entity or individual agreeing to these terms (“you”, “your”, “user”), concerning access to, and use of the Perfect eSight online store as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. The “Effective Date” above reflects the date we updated these terms and shall be considered as alert to you, and you waive the rights to receive direct notice of such updates.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Intellectual Property
The Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, illustrations, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Privacy Policy
Our full Privacy Policy can be found here. You are invited to review and get more details on how we carefully and securely handle your private information.
User Registrations
You may browse the Site without creating an account (“Account”), but you need to create such when you are placing an order. We support two login modes:
(i) login with Email where you create account using your mail and password, and (ii) “Login with …” (the ... represents a identity provider "IDP") where you use your existing IDP account such as Facebook or Google.
Once you created an account using the Email mode, you are agreeing to the following terms:
you (i) must keep login and password to the Site secure and confidential; (ii) are solely responsible for user information and all activity in the account in the Site; (iii) must use commercially reasonable efforts to prevent unauthorized access to your account, and notify us promptly of any such unauthorized access; (iv) provide the complete and accurate information, and to keep it up to date; and (v) may use the Site only in accordance with applicable law
Creating account using the “Login with …” mode, will associate your Perfect eSight account with the IDP used account. At this mode you man need to approve the association between our account and the IDP account and grant us a selective permission on the IDP account.
User Representations
By using the Site, you represent and warrant that:
(i) all registration information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you have the legal capacity and you agree to comply with these Terms of Use; (iv) you are above age 18 in the jurisdiction in which you reside, or if, your age between 13 to 18, and have received parental permission to use the Site; (v) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (vi) you will not use the Site for any illegal or unauthorized purpose; and (vii) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site or any portion of the Site.
Contribution License
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
Guidelines for Reviews and Rating
We may provide you areas on the Site to leave reviews or ratings for our products. When posting a review or review, you must comply with the following criteria:
(i) you should have firsthand experience with the product being reviewed; (ii) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (iii) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (iv) your reviews should not contain references to illegal activity; (v) you should not be affiliated with competitors if posting negative reviews; (vi) you should not make any conclusions as to the legality of conduct; (vii) you may not post any false or misleading statements; and (viii) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews, or ratings, in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Prescription Order Validity and Authenticity
When placing an order, you can upload your prescription, where prescription should be authentic and valid prescription. We fulfil the provided prescription as provided with no interpretations or undocumented adjustments. Providing incorrect or inaccurate prescription may lead to shipping incorrect product to you, at such case we have no obligations to you and, you are to be full responsible of the wrong information.
After placing an order with prescription, we keep it for some time to fulfil your order. And for your usage at following orders. It is your responsibility to delete old or incorrect prescription you uploaded. Your prescriptions are kept at the Site, and you may manage (add or delete) it for future orders you may place.
None Prescription Orders (Fill it out online)
Not having physical prescription document will not block you from placing an order, but you MUST know your prescription values. “Fill It Out Online” will enable you to manually fill the prescription parameters values.
Choosing to place an order using this option, is fully on your responsibility. Providing wrong parameters may lead to shipping incorrect product to you, and at such case we have no obligations to the wrongly specified parameters and to the incorrect shipped product, and you are to be fully responsible of the wrong information. At such incorrect information you provided at the order, and after shipping the product, we are accepting request to return the product not to exchange it.
Site Management
We reserve the right, but not the obligation, to:
(i) monitor the Site for violations of these Terms of Use; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (ii) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (iv) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (v) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Shipping Details
To be able to successfully ship orders to you, we need your full name, complete detailed address, and phone number. Wrong details will lead to failed delivery, and at such case you are fully responsible of such mistake, with no right to request any farther compensations.
Delivery & Shipping Methods
For the date of this Term of Use, we are shipping our product only to United State of America (USA) and Canada. And we may include more countries at the future.
When placing an order, you need to select the best shipping and delivery method fitting your needs. Free shipping may take up to 21 (twenty-one) business days from the date of shipment.
If you want to get your order faster, you can use the Expedite or Express delivery method. At these methods we are shipping by air shipment at the common international carriers and may take to 3-7 business days from the date of shipment, depending on delivery method and international shipment constraints. Once we shipped your order to the carrier it is no longer in our responsibility and it is the carrier responsibility.
All international shipments may be subject to customs regulation, custom taxes or any additional charges. All these are the customer liability.
Please take into your consideration when placing your order, the above shipping schedule is not including lenses manufacturing nor assembling the glasses. Usually, lenses are manufactured in 7 business days then assembled and tested in 3 business days. Thus and for simplification, you should assume 10 business days before your order is shipped.
Payment
After placing an order, competing the Shipment Details, and selecting the Delivery Method, you need to provide the Payment Details, such as credit card and any additional information may be request from you. By entering your payment details and submitting your order, you authorize us and our third party payment processors to charge the total amount of the order, shipment fees and VAT, to your selected payment method.
From time to time, and under various campaigns we may offer Promotion Codes (AKA Promo Code). Having such Promotion Code and providing it during the Payment process will deduce, partially or fully, the promo code amount from the charging amount following the promo code and campaign terms.
The prices do not include:
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Storage or retention, special treatments such as: physical examination, treatment at the Standards Institute/Ministry of Health or any other unexpected expense.
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Issuing licenses, insurance(If not specified in the order).
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VAT or other taxes.
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The prices do not cover any taxes paid to the Port Authority and/or to various authorities, institutions and/or government offices
Canceling or Changing an Order
We don't provide a self-service order cancelation nor order change after order had been placed. Once you placed an order you are confirming the order details and and shall not claim any cancelation.
For urgent cases, that we are not obligated to respond to, and nor to accept the summited request, we accept communication by our support mail support@perfect-esight.com. Requests we receive, at support mail, after started to process the order will be automatically ignored
Return Policy
Our Return Policy can be found here.
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
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Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
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Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
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Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
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Use any information obtained from the Site in order to harass, abuse, or harm another person.
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Make improper use of our support services or submit false reports of abuse or misconduct.
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Use the Site in a manner inconsistent with any applicable laws or regulations.
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Engage in unauthorized framing of or linking to the Site.
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Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
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Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
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Delete the copyright or other proprietary rights notice from any Content.
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Attempt to impersonate another user or person or use the username of another user.
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Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
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Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
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Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
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Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
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Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
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Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
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Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
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Use a buying agent or purchasing agent to make purchases on the Site.
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Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
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Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Terms and Termination
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to its conflict of law principles.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Warranty Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU CONFIRM THAT WE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OF ANY USER AT THE SITE.
WE WILL NOT BE CONSIDERED LIABILE ON USER’S INACCURETE OR NOT AUTHENTIC PRESCRIPTIONS. WE WILL NOT BE CONSIDERED LIABILE ON USER’S INACCURETE OR WRONG NONE PRESCRIPTIONS PARAMETERS ENTRED BY THE USER.
Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(i) use of the Site; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Electronic Communication, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Contact Us
For any question, please feel free to contact us on contact@perfect-esight.com or from the Site contact form here