About this Terms of Service These Terms of Service (“Terms”) set out our general terms governing the use of our websites and the products, services, and features we make available to you as part of our websites (collectively, the “Services”). This document does not set out our booking conditions or other terms of supply.
Your agreement By using our Services, you agree to comply with these Terms. If you do not agree with these Terms or if anything is missing that you consider essential, then you must not use our Services.
About us These are the Services Terms for SB Vision (referred to as “we”, “us”, or “our”). We are incorporated under the laws of Illinois.
Copyright notice Unless otherwise noted, all materials, including without limitation, logos, brand names, images, designs, photographs, video clips, and written and other materials that appear as part of our Services, are copyrights, trademarks, service marks, trade dress, and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled, or licensed by Us. Our websites as a whole are protected by copyright and trade dress. Nothing on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed or used on our website, without the prior written permission of Us.
Contacting us If you have any questions about our Services or these Terms, including any complaints, please contact us by email at [email protected].
What do these Terms cover? The Terms state the terms on which our Services and emails may be visited, browsed, and used, and are supplemental to any other terms we may apply from time to time. References to “you” and “your” are to any person who visits, browses, or otherwise uses our Services or receives any of our emails.
What Services do these Terms cover? These Terms cover all of our Services, including those Services at the following addresses: www.sbvision.com and other affiliated microsites created for permanent or short-term promotional purposes.
Who may use our Services Age requirements. You must be at least 13 years old to use the Services; however, children of all ages may use the Services if enabled by a parent or legal guardian. Permission by parent or guardian. If you are under 18, you represent that you have your parent or guardian’s permission to use the Services. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the website.
Accessing our Services Website availability. Our websites will be available only at times we decide. We do not guarantee that our websites, or any website content, will always be available or be uninterrupted. We may suspend our websites at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our websites at any time without notice. We shall have no liability to you (including in negligence) if our website is not available for any reason, and we shall have no obligation to you to make sure our websites are available to you at any time. Your systems. You are responsible for making all arrangements necessary for you to have access to our Services, including compatible software and arranging internet access. You are also responsible for ensuring that all persons who access our site through your internet connection or computer are aware of these Terms and other applicable terms and conditions and that they comply with them. No misuse. You must not misuse our Services by knowingly introducing any virus, trojan, worm, logic bomb, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Services, any server on which our Services are stored, or any server, computer, or database connected to our Services. You must not attack our Services via attempted overloading of our Services, seeking to cause a denial-of-service to you or others, or a distributed denial-of-service. In the event of a breach, in addition to our other remedies, your permission to use our Services may, at our sole and absolute discretion, cease immediately. Your breach of this provision may also be a criminal offense under the Electronic Communications and Transactions Act, no. 25 of 2002, and other applicable Laws. We reserve the right to report any such breach to relevant law enforcement authorities and to cooperate with authorities by disclosing your identity to them.
Completing forms and error correction Mandatory information. When completing any inquiry, booking, or other forms on our website, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are identified and denoted by an asterisk (*). You will be prompted for this information if you try to submit a form that is missing any of this mandatory data. Where a category is not marked with an asterisk, the information is optional, and you need not fill it in but may do so if you wish. Accuracy of your information. When you submit any information to us, including in connection with a registration, inquiry, or booking, you must ensure, and by submitting the information you represent to us that, it is true, accurate, current, and complete in all respects. To keep the information current, you agree to update the information to us whenever there is a change to any information you submitted previously. You acknowledge being aware that we will rely on the information you provide as true, accurate, current, and complete. Error correction. When you carry out any inquiry, booking, order, registration, or another process on our website, you may, before submitting, use the back button on your browser to go back and correct or change information. If you think there is an error in your information provided after you submit it, you can contact us at [email protected] to ask that it be corrected or updated.
Registration on our Services Requirement for registration. To use some services or features available on our Services (such as accounts), you may need to register with our website and accept terms applicable to such registration. We may restrict access to some parts of our Services and functionality, allowing access only by persons who registered with us for access to that part or functionality. Updating your information. If any of your registration information changes, please update your details using functionality provided within our website or contact us at [email protected]. Log-in details. You are responsible for keeping any username and password log-in details relating to such registration confidential, safe, and secure. You must not share the details with anyone. You must ensure that any password you provide is unique and a strong password, which you have not used on any other website. You must let us know immediately if you suspect any unauthorized access to or use of your log-in details or any registration with our Services. We have the right to disable any log-in details, whether chosen by you or allocated by us, at any time, if in our opinion, you failed to comply with a provision in these Terms or if we suspect misuse. Suspension and termination. We may suspend or terminate your registration and/or your ability to access or use any features, services, or functionality on our Services at any time and for any reason, with or without prior notification to you.
SMS Text Messaging. By subscribing to Our text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.
Booking process Eligibility. You must be eighteen (18) years old or older to make a booking or otherwise order from us. Booking process. Our website is not a legal offer. To make a booking with or through us or otherwise order from us using our Services, you must follow the procedure on our websites. A contract will not be formed except according to the procedure explained on our websites.
Website content General. For these terms, “our website content” is defined as everything making up our websites or which is downloaded as part of or through our websites, including any services, functionality, trademarks, logos, graphics, photographs, images, sounds, music, video, audio, or text on our websites, and including any code comprised in our websites such as javascript, flash objects, cookies, HTML, and CSS. However, references to “our website content” do not include anything you post to our website, such as through the use of any community functionality we provide on our websites. Not advice. Our website content is provided for general information only, with the understanding that we are not engaged in the rendering of legal or other professional advice or service. Your reliance on or use of our websites and website content is entirely at your own risk. Validity and change. We make no representation, warranty, or guarantee, whether expressed or implied, that the content on our website is accurate, complete, or up to date. We may update or change our website content at any time, but our website content may be out of date at any given time, and we are under no obligation to update it. Errors. We make no commitment to keep our website up to date or correct any errors or omissions in any website content. We do not represent that information on our websites is appropriate for use or available in any jurisdiction other than within the US. If you choose to access our websites from locations outside of the US, you do so at your own risk. Third-party content. Our websites may contain information, text, and images from third parties or links to third-party websites. Whenever third-party content is included on our websites, we will make clear that the content is from a third party and is not ours. In this case, we are not responsible for the content, nor for anything in it, nor for anything arising from your reliance on it. If you access third-party websites from links on our websites, your access is made according to the terms of the third party’s website, and we will have no liability to you concerning any loss or damage which you suffer by accessing or using any such third-party content or websites. We are not responsible for and have no control over, the privacy policies and practices of third-party sites.
Website licenses Your license to use our websites. You are granted a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our websites and website content for non-commercial purposes, subject to these Terms. This license is personal to you and may not be assigned or transferred by you to any other person. Any breach of these Terms will result in the termination of this license. Your license to us. Other than personal data (which is covered under our Privacy Policy), any information you transmit or post to our websites will be considered non-confidential and non-proprietary, and you agree that we can use such material for any purpose. You grant us a royalty-free, non-exclusive, perpetual, worldwide, transferable, sublicensable, irrevocable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and sublicense any content you submit, post, or transmit to, via, or for our websites. Restrictions on use. You must not access or use our websites or website content for commercial purposes without our express permission. You must not copy, distribute, or resell any part of our websites or website content or systematically download or store website content, except as otherwise provided in these Terms. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the website content or access to the website. You also must not attempt to extract any source code from any part of our websites unless we make it available to you under an open-source license. Additionally, you must not decompile, disassemble, reverse engineer, or make any derivative works from our websites or any website content or reduce any part of our websites or website content to human-readable form to examine the construction of such parts or to copy or create other products based (in whole or in part) on our websites.
Exclusion and limitation of liability No reliance. We make reasonable efforts to ensure that our website content is accurate and up to date, and we may update our website content from time to time. However, we make no representations, warranties, or guarantees, whether expressed or implied, that our website content is accurate, complete, or up to date. No warranties. We make no representation, warranty, or guarantee that our websites, website content, or any other information we provide or make available (in any form) is secure or free from bugs or viruses, or that our website or any services or content on them will meet your requirements. All website content is provided “as is” and without any guarantees, conditions, or warranties as to its accuracy, quality, or fitness for purpose. Exclusion of liability. To the fullest extent permitted by applicable law, we exclude all liability for loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our websites or website content. Limitations of liability. We do not exclude or limit our liability to you where it would be unlawful to do so. Where our liability cannot be excluded entirely, it will be limited to actual damages suffered by you arising as a direct result of our act or omission and shall in no circumstances exceed the amount of $100. Indemnity. You agree to defend, indemnify and hold us harmless from and against any claims, damages, costs, liabilities, and expenses (including but not limited to attorneys’ fees) arising out of or related to any breach by you of these Terms or your use of our Services.
Governing law and jurisdiction Governing law. These Terms, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by Illinois law. Any dispute or claim arising out of or in connection with these Terms or their formation shall be subject to the exclusive jurisdiction of the courts of Illinois.
General Assignment and transfer. We may assign or transfer our rights and obligations under these Terms to any third party, but this will not affect your rights or our obligations under these Terms. Severance. If any provision of these Terms is found to be invalid or unenforceable by a court or other competent authority, such provision shall be severed, and the remainder of these Terms shall continue in full force and effect. Entire agreement. These Terms constitute the entire agreement between you and us concerning their subject matter and supersede all previous agreements, understandings, and arrangements between us, whether oral or written. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
