Terms of Service

Effective Date: September 26, 2009

Welcome to the Eyejot website and all of its affiliated websites, products and services (collectively, the "Eyejot Services"). Use of and access to the Eyejot Services is subject to your compliance with these terms of use (the "Terms"), so please read these Terms carefully. Eyejot, Inc. ("Eyejot", "we", "us" or "our") reserves the right to limit or terminate your access to the Eyejot Services if you do not comply with these Terms.

By accessing and using the site in any way, you agree to be bound by these terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THE EYEJOT SERVICES IN ANY MANNER. If you are using the Eyejot Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf.

Changes in Terms of Use

We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Eyejot Services. Use of the Eyejot Services constitutes your acceptance of any modified Terms.

User Conduct and Responsibilities

You are responsible for obtaining access to the Eyejot Services, which access may involve third party fees (such as Internet services provider, SMS or airtime charges). You are solely responsible for those fees. In addition, you must provide and are solely responsible for all equipment necessary to access the Eyejot Services.

Your use of the Eyejot Services is subject to all applicable local, state, national and international laws and regulations. Without limitation, you agree to not use the Eyejot Services to make available and transmit any content that, or content that promotes a product or Eyejot Services that:

is illegal under or otherwise violates any local, state, national or international law or would constitute, encourage or provide instructions for a criminal offense (including, without limitation, the CAN-SPAM Act);
violates the rights of any party (including without limitation rights of privacy and publicity);
is obscene, lewd, lascivious, violent, or otherwise objectionable;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
displays material that exploits children, or otherwise exploits children under 18 years of age;
is false or misleading;
infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party;
is unsolicited or unauthorized, including advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
includes private information of a third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
introduces viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Eyejot Services, or which may expose Eyejot or its users to any harm or liability of any type.

Eyejot does not control and is not responsible for what users contribute to the Eyejot Services and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that may be distributed through the Eyejot Services. Eyejot is not responsible for the conduct, whether online or offline, of any user of the Eyejot Services.

User Information

If you wish to use the Eyejot Services, you must register and create a user account ("User Account"), and you must create truthful and accurate information. Your willful provision of inaccurate or unreliable information shall constitute a material breach of these Terms and be a basis for termination of your right to use the Eyejot Services. You are solely responsible in all respects for all use of (including any unauthorized use) of your login credentials, and for protecting the confidentiality of your password.

User Content

You own and are solely responsible for any content that you transmit, distribute, publish or display (hereinafter "distribute") on or through the Eyejot Services, transmit to or share with other users ("User Content"). Although Eyejot has no obligation to monitor User Content, Eyejot may do so and may block or remove any such User Content or prohibit any use of the Eyejot Services that Eyejot believes may be (or is alleged to be) in violation of these Terms. You grant Eyejot the right to use your User Content solely for the provision of the Eyejot Services.

Unsolicitied Communications

Eyejot may not be used to send unsolicited communications. Since our service utilizes email for notification purposes it's imperative that our users follow these rules:

you may only send Eyejot messages to people known to you or those with whom you have existing relationships with
if you are sending on behalf of a company or organization you may only send Eyejot messages to people known to your company or organization or with whom you, your company or organization have an implied business relationship with
no external list of email addresses that have been rented or purchased may be imported into or otherwise used to address and send Eyejot messages
you must agree to promptly remove anyone from any list you maintain on this service that requests you do so as a result of their receiving an unsolicited message from you
you agree that if you or one or more recipients of one of your Eyejot messages fall under the jurisdiction of the United States that you adhere to the CAN-SPAM Act of 2003

Suspension, Termination

Eyejot reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Eyejot Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

Links to Other Websites and Content

The Eyejot Services contains (or you may access through the Eyejot Services) links to other web sites belonging to third parties ("Third Party Services"). Third Party Services and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Eyejot, and Eyejot is not responsible for any Third Party Services accessed through the Eyejot Services or any Third Party Content linked or posted through the Eyejot Services.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Eyejot Services ("Submissions"), provided by you to Eyejot are non-confidential and shall become the sole property of Eyejot. Eyejot shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Privacy Policy

We care about the privacy of our users. Use of the Eyejot Services is governed by our Privacy Policy. http://www.eyejot.com/privacy.html.

Eyejot Services Content

All content on the Eyejot Service is the proprietary property of Eyejot, its users or its licensors with all rights reserved. Eyejot grants you a limited, revocable license to use the Eyejot Services and all content contained therein in accordance with these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Eyejot's intellectual property rights, whether by estoppel, implication or otherwise.

The Eyejot Services are protected to the maximum extent permitted by copyright laws and international treaties. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Eyejot Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Eyejot Services.

The Eyejot name, tag line and logo are trademarks of Eyejot, Inc.. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.

Modifications to Eyejot Services

Eyejot reserves the right to modify or terminate any or all portions of the Eyejot Services with or without cause at any time and effective immediately. Eyejot shall not be liable to you or any third party for termination. Should you object to any modifications to the Eyejot Services or become dissatisfied with the Eyejot Services in any way, your only recourse is to immediately discontinue use of the Eyejot Services.

Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Eyejot may broadcast notices or messages through the Eyejot Services to inform you of changes to these Terms, the Eyejot Services, or other matters of importance. Such broadcasts shall constitute notice to you.

Disclaimers

The Eyejot Services may be temporarily unavailable from time to time for maintenance or other reasons. Eyejot assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE EYEJOT SERVICES, AND ALL CONTENT, USER CONTENT, THIRD-PARTY CONTENT, PRODUCTS AND EYEJOT SERVICESS INCLUDED IN THE SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. EYEJOT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EYEJOT MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, PRODUCT OR EYEJOT SERVICES OFFERED OR SOLD THROUGH BY ANY USER OR THIRD PARTY, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EYEJOT SERVICES, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE EYEJOT SERVICES, OR (iv) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR MATERIAL. EYEJOT DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
USE OF THE EYEJOT SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SITE OR YOUR USER CONTENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EYEJOT BE LIABLE TO YOU ON ACCOUNT OF (i) ANY USER CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE EYEJOT SERVICES, OR (iii) YOUR INABILITY TO USE THE EYEJOT SERVICES, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR EYEJOT SERVICESS, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EYEJOT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF EYEJOT OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

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

Miscellaneous

Waiver and Severability of Terms. The failure of Eyejot to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Eyejot. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law provisions. You and Eyejot agree to submit to the exclusive jurisdiction of the state and federal courts of King County, Washington.

Contacting Eyejot

If you have any concerns regarding any Eyejot Site, Product or Service, or these terms of service, and if you cannot satisfactorily resolve it through the use of those sites, products or services, you should complete a feedback form or write to us by email at support@eyejot.com. Alternatively, we can be reached through our postal mail address:

Eyejot, Inc.
315 5th Avenue South, Suite 800
Seattle, WA 98104

If you object to any sharing of your personal information that may be permitted under these terms of service, you may do so by writing us at the above address. We will take reasonable steps to accommodate your requests as they relate to our business practices. In some instances, honoring your requests may interfere with or preclude your ability to use the Eyejot Sites, Products and Services or may require us to terminate our relationship with you.