Terms of Use

a woman sits on the floor using a laptop perched in her lap.

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. IT IS A LEGAL AGREEMENT BETWEEN YOU AND EYE.T, INC., THE MAKERS OF EYE.T LEARNING PORTAL. EYE.T COLLECTS DATA ABOUT USAGE OF OUR PRODUCTS. WE DON’T SELL YOUR DATA TO THIRD PARTIES. WE COLLECT IT TO IMPROVE THE PRODUCT. WHEN YOU ACCEPT THIS AGREEMENT YOU ARE CONSENTING TO SUCH DATA COLLECTION AND TO THE TERMS OF EYE.T’S PRIVACY POLICY

Terms and Conditions for use of Eye.T Learning Portal

  1. Accepting this Agreement; Applicability

1.1. This Agreement (the “Agreement”) is entered into by you (the “Customer”) and Eye.T, LLC (“Eye.T”). Customer and Eye.T are each a “Party” to this Agreement and collectively are the “Parties.” You would like to use Eye.T Learning Portal, a software product provided via the web as described in this Agreement, and Eye.T would like to provide a subscription enabling you to do so. The parameters of the subscription may change from time to time. Any new features which are added to Eye.T Learning Portal shall also be subject to the terms of this Agreement. In order to lawfully use Eye.T Learning Portal you must accept this Agreement.

1.2. You accept this Agreement by creating an account or logging into Eye.T Learning Portal. If you accept this Agreement, you do so on your own behalf and as a representative of your company, organization, education institution or government agency, instrumentality or department. If you accept this Agreement, you also accept the terms of Eye.T’s Privacy Policy.

1.3. Eye.T may change the terms of this Agreement at any time. If you continue using Eye.T Learning Portal, you accept and agree to the new terms. If you do not agree to the new terms, your use of Eye.T Learning Portal may be suspended or terminated. You agree that your acceptance of new terms may be signified as described in paragraph 1.2.

1.4 The terms of this Agreement apply to you at all times you are using Eye.T Learning Portal for any reason. 

  1. The Parameters of Your Subscription to Eye.T Learning Portal

2.1 When you accept these terms Eye.T grants you a non-exclusive, non-transferrable subscription to the version of Eye.T Learning Portal to which Eye.T is providing access at the time. The subscription will be provided electronically via access to a web domain administered by Eye.T, a.k.a. software as a service. The subscription is for Customer’s purposes only. You shall not allow Third Parties to use Eye.T Learning Portal. 

2.2 Eye.T may require subscription fees for certain versions or usage of Eye.T Learning Portal. Those fees are subject to change but shall not be charged retroactively. You are solely responsible for any fees or other costs associated with Third Party software or services that it uses in conjunction with Eye.T Learning Portal.

2.3 Technical support requests can be submitted via email to info@eyetvison.org. Eye.T will make commercially reasonable efforts to correct bugs and implement software updates that Eye.T determines, in its sole and absolute discretion, materially affect the operation of Eye.T Learning Portal, as well as provide technical assistance to customers using Eye.T Learning Portal; provided that this shall not constitute a warranty of any kind, all such warranties having been disclaimed pursuant to this Agreement. 

2.4  Eye.T shall in no event provide maintenance or repair on Eye.T Learning Portal necessitated by Customer’s alteration of Eye.T Learning Portal or any part thereof, relocation of Eye.T Learning Portal or any part thereof unless previously agreed upon by Eye.T, use of ancillary equipment or software not suitable for use with Eye.T Learning Portal or any part thereof, or damage caused by virus, spyware, or lack of a firewall.

2.5 Eye.T reserves the right at any time and without prior notice to temporarily limit Customer’s access in order to perform repairs, make modifications, or as a result of circumstances beyond Eye.T’s control. Eye.T may modify any aspect of Eye.T Learning Portal at any time, including but not limited to removing access or reference to Customer’s Intellectual Property or content or Third Party’s Intellectual Property or content. No service levels or standards are guaranteed, except as expressly set forth in this Agreement.

  1. Representations, Warranties, and Limitation of Liability

3.1 EYE.T, ITS SUBSIDIARIES AND AFFILIATES, SUBCONTRACTORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT EYE.T LEARNING PORTAL, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EYE.T FURTHER DISCLAIMS THAT EYE.T LEARNING PORTAL MEETS STANDARDS FOR OPERATIONAL COMPLIANCE OR CERTIFICATION IN ANY PARTICULAR AREA, INCLUDING BUT NOT LIMITED TO GOVERNMENT OR INDUSTRY ASSOCIATION REQUIREMENTS. 

3.2 Specific Disclaimers. Without limiting the generality of the foregoing, Eye.T does not represent or warrant that Eye.T Learning Portal, or any part thereof, is free of defects, will operate uninterrupted or error-free, or that defects will be corrected. The Customer acknowledges that the software operates over the internet and that Eye.T does not control the transfer of data over the internet, Customer’s intranet, or a Third Party’s intranet and that Eye.T Learning Portal may be subject to limitations, delays, and other problems inherent in the use of the internet or an intranet. Eye.T is not responsible for any delays, delivery failures, or other damage resulting from such problems. Customer acknowledges that Eye.T relies on third-party vendors to provide subscriptions to Eye.T Learning Portal and that Eye.T does not control and is not responsible for interruptions in Customer’s use of Eye.T Learning Portal caused by Third Party products or services. The Customer further acknowledges that Customer’s Intellectual Property or content and all Third Party’s Intellectual Property or content, are the creation of the Customer or a Third Party and Eye.T makes no warranty with respect thereto. Eye.T does not warrant that Customer’s Intellectual Property or content will function with Eye.T Learning Portal. Eye.T does not guarantee that unauthorized Third Parties will never be able to defeat its security measures or access Customer’s Intellectual Property. 

3.3 Customer Solely Responsible. Customer acknowledges that Eye.T Learning Portal is used at Customer’s own risk. Customer is solely responsible for any defects caused b a) the failure of the Customer to provide a suitable operating environment; b) Customer’s misuse, damage or unauthorized modification of Eye.T Learning Portal or any element or part thereof; c) Customer’s combination of any element or part of Eye.T Learning Portal with any other hardware or software, other than as authorized in writing by Eye.T; d) Customer’s use of Eye.T Learning Portal, or any element or part thereof, as incorporated into a system other than as authorized in writing by Eye.T; e) Customer’s negligence, willful misconduct, or violation of this Agreement.

3.4 Limitation of Liability. EYE.T SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND, WHETHER OR NOT EYE.T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL APPLY EVEN IN THE EVENT OF THE FAILURE OF AN EXCLUSIVE REMEDY. 

  1. Customer’s Obligations and Responsibilities.

4.1 No Unauthorized Distribution of Eye.T Learning Portal. Except as otherwise set forth in this Agreement, Customer agrees not to rent, lease, lend, upload, host on any website or server, sell, redistribute, or sublicense Eye.T Learning Portal, in whole or in part, or to enable others to do so. The Customer further agrees that it may not modify, make derivative works of, disassemble, access, review, reverse compile, or reverse engineer any part of Eye.T Learning Portal, or access or use any part or element thereof, in order to build or support, or assist a Third Party in building or supporting, other products or services. In no event will Customer be entitled to access or review the object or source code of Eye.T Learning Portal, unless it is made explicitly available for access and review by Eye.T at its sole discretion. The Customer agrees to make every reasonable effort to prevent unauthorized Third Parties from accessing and making unauthorized use of Eye.T Learning Portal. Customer also agrees not to remove or destroy any proprietary markings or legends or any encrypted license keys or similar security devices placed upon or contained within any Eye.T Learning Portal.

4.2 Lawful and Appropriate Use. Customer may not use Eye.T Learning Portal to connect to any APIs in any way that violates laws, regulations, or the terms of the API. Customer must comply with all applicable criminal, civil, and statutory laws and regulations, including but not limited to all applicable privacy and data collection laws and regulations with respect to any collection, use or disclosure of user or device data. Customer may not use Eye.T Learning Portal for the purpose of harassing, abusing, spamming, stalking, threatening, or otherwise violating the legal rights of others. Customer agrees that it will not collect, disseminate, or use any such data for any unauthorized purpose. Customer may not upload Customer Content that contains any malware, malicious or harmful code, programs, or other internal components (e.g., computer viruses, trojan horses, “backdoors”) which could damage, destroy, or adversely affect Eye.T Learning Portal or other software, firmware, hardware, data, systems, services, or networks.

4.3 Third-Party License(s). If Customer Content includes any Third Party’s Intellectual Property, including free and open-source software (“FOSS”), Customer agrees to comply with all applicable licensing terms provided by the Third Party or a FOSS license. If Customer discovers any conflict between its Customer Content and a Third Party license, a FOSS license, or the terms of this Agreement, Customer agrees to immediately notify Eye.T of it and will cooperate with Eye.T to resolve such matter. Customer acknowledges that Eye.T may immediately cease distribution of or remove access to any Customer Content and may refuse to accept any subsequent submissions to Eye.T Learning Portal until such matter is resolved to Eye.T’s satisfaction.

4.4 Customer Solely Responsible. Customer is solely responsible for proper use of Third Party software or Intellectual Property it uses in conjunction with Eye.T Learning Portal. Customer is solely responsible for providing, installing and maintaining at its own expense all equipment, facilities, and services necessary to enable its access and use of Eye.T Learning Portal. Eye.T is not responsible for any damages Customer causes or laws Customer breaks. Customer agrees that it will not seek any regulatory marketing permissions or make any determinations that may result in any Eye.T products being deemed regulated or that may impose any obligations or limitations on Eye.T. Customer agrees to promptly notify Eye.T of any complaints or threats of complaints Customer Content in relation to any legal or regulatory requirements. Customer represents and warrants that it has all necessary rights to own or use the Customer’s Intellectual Property or any Third Party’s Intellectual Property used by Customer in connection with this Agreement.

  1. Intellectual Property.

5.1 Eye.T’s Intellectual Property. Customer acknowledges and agrees that Eye.T shall retain exclusive ownership and rights to Eye.T Learning Portal, and Customer has no right to use or license the Eye.T Learning Portal, except as expressly set forth in this Agreement. In the event that Customer provides Eye.T comments, suggestions, or recommendations with respect to Eye.T Learning Portal, Customer hereby grants to Eye.T an exclusive, worldwide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any such comments, suggestions, and recommendations into Eye.T Learning Portal without restriction.

5.2 Customer’s Intellectual Property. Eye.T acknowledges and agrees that Customer shall retain exclusive ownership of all Customer’s Intellectual Property. Eye.T has no right or license to any of the Customer’s Intellectual Property, except as expressly set forth in this Agreement, including Eye.T’s Privacy Policy. Customer hereby acknowledges and accepts that, pursuant to this Agreement, Eye.T will be able to view all Customer Content, the contents of all of the foregoing, and any associated usage data or metadata. Customer hereby grants Eye.T a worldwide, royalty free, irrevocable, perpetual license to such usage data and metadata for use of any kind, including modification, making derivative works, and commercializing derivative works.

5.3 Nonexclusivity; Costs. Customer acknowledges that the rights granted to it under this Agreement are nonexclusive and that, without limiting the foregoing, nothing in this Agreement will be interpreted to restrict in any way Eye.T’s right to license, sell, or otherwise make available Eye.T Learning Portal or services to Third Parties. Each party shall have the exclusive right and option to file and prosecute any patent applications and to maintain any patents that are its Intellectual Property. Each party shall bear its own costs and expenses in preparing, filing, prosecuting, maintaining and extending patent rights relating to this Agreement.

  1. Confidential Information

6.1 Confidentiality Obligations. Each party will not use the other party’s Confidential Information, except as necessary for the performance of this Agreement and will not disclose such Confidential Information to any Third Party, except to those of its employees and subcontractors that need to know such Confidential Information for the performance of this Agreement, provided that each such employee and subcontractor is subject to a written agreement that includes binding use and disclosure restrictions that are at least as protective as those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of the other party’s Confidential Information in its possession or control, but in no event less than the efforts that it ordinarily uses with respect to its own confidential information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing the other party’s Confidential Information or the terms and conditions of this Agreement:

  1. i) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable it to contest such order or requirement;
  2. ii) on a confidential basis to its legal or professional financial advisors; iii) as required under applicable securities regulations; iv) on a confidential basis to present or future providers of venture capital and/or potential private investors in or acquirers of such party. The restrictions set forth in this Section will remain in effect during the term of this Agreement and for a period of three (3) years thereafter.

6.2 Confidentiality Exclusions. These confidentiality obligations set forth in Section 6.1 will not apply to any Confidential Information that: i) is in or enters the public domain without breach of this Agreement by the receiving party; ii) the receiving party lawfully receives from a third party without restriction on use or disclosure; iii) the receiving party knew prior to receiving such information from the disclosing party without breach of a nondisclosure obligation; or

  1. iv) the receiving party independently develops without reference to the other party’s Confidential Information. 

6.3 Third Party Services Used in Eye.T Learning Portal. Customer acknowledges and accepts that at times Eye.T uses Third-party software and services to perform functions within Eye.T Learning Portal and that such software or services may view or obtain data or metadata as a result of Customer’s use of Eye.T Learning Portal. Eye.T makes a good-faith effort to ensure use of such services does not pose any risk to Customers’ Confidential Information. Eye.T, however, cannot guarantee there is no risk, and Customer acknowledges that Eye.T is not responsible for breaches in confidentiality caused by third-parties. Those Third-party services are listed in Eye.T’s Privacy Policy. 

  1. c) Equitable Relief. The Parties acknowledge that a breach of any confidentiality provision of this Agreement may cause the other Party irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Parties may institute an action to enjoin the breaching party from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and a party may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the non-breaching party may be entitled at law or in equity.
  1. Term and Termination

7.1 Term. The term of this Agreement (the “Term”) shall commence on the Effective Date and continue in full force and effect for so long as the Customer has an account for Eye.T Learning Portal or Eye.T terminates this Agreement, in its sole and absolute discretion, by ceasing to provide access to Eye.T Learning Portal. Customer may delete its account for Eye.T Learning Portal by either using user interface provided within Eye.T Learning Portal for that purpose or emailing info@eyetvision.org.

7.2 Effect of Termination. Upon termination of this Agreement, all rights, licenses and authorizations granted to Customer hereunder will immediately terminate and Customer shall immediately cease all use of and other activities with respect to the Eye.T Learning Portal and deliver to Eye.T, or at Eye.T’s written request destroy and permanently erase from all devices and systems that Customer directly or indirectly controls, any instances of Eye.T Learning Portal or parts thereof. At Eye.T’s request, Customer shall certify to Eye.T in a signed and notarized written instrument that it has complied with these requirements.

7.3 Survival. termination of this Agreement shall not affect the accrued rights of either Eye.T or Customer arising under this Agreement. All provisions which based on their nature should survive shall survive such expiration or termination.

  1. Miscellaneous.

8.1 Independent Status of Parties. Each Party shall act as an independent contractor and shall not bind nor attempt to bind the other Party to any contract, or any performance of obligations outside of this Agreement. Nothing contained or done under this Agreement shall be interpreted as constituting either Party as the agent of the other Party in any sense of the term whatsoever unless expressly so stated, and neither Eye.T nor its employees are eligible for any Customer employee benefits.

8.2 Indemnification. In the event that any claim or legal proceedings are brought by a Third Party against Eye.T for any reason arising out of Customer’s use of Eye.T Learning Portal, including without limitation, any claim against Eye.T alleging that any Customer’s Intellectual Property or any Third Party’s Intellectual Property used by Customer violates or infringes upon such Third Party’s Intellectual Property rights, the Customer agrees to indemnify, defend, and hold harmless Eye.T for any damages arising out of any such claim or legal proceeding, and pay any costs, damages and reasonable attorneys’ fees arising out of or resulting from any such claim or legal proceeding.

8.3 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles.

8.4 Notices. Except as otherwise specified, all notices, instructions and other communications hereunder or in connection herewith shall be in writing and shall be sent by facsimile email address, in each case to the contact information set forth here: i) notices to Eye.T shall be addressed to info@eyetvision.org; (ii) notices to Customer to the email address provided by Customer for their Eye.T Learning Portal account.

8.5 Entire Agreement. This Agreement constitutes the full understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and writings relating thereto. No waiver, alteration or modification of any of the provisions hereof shall be binding unless made in writing and signed by the parties.

8.6 Construction. Unless the context expressly requires otherwise, a) the word “or” shall be interpreted in the inclusive sense (i.e., “and/or”), b) the word “include(ing)” shall mean “include(ing) without limitation” and c) the singular shall include the plural and vice versa.

Headings in this Agreement are used for convenience only and shall not be used in the construction of the meaning of this Services Agreement. The language used in this Services Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent, and no rule of strict construction shall be applied against either Party.

8.7 Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining provision shall be not be affected, and the court shall construe the provision, to the maximum extent possible, to accomplish the original business purpose.

8.8 Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by Customer without the prior consent of Eye.T.

  1. Definitions

9.1 Intellectual Property. “Intellectual Property” shall include all: a) patents, patent applications, patent disclosures and all related continuation, continuation-in-part, divisional, reissue, reexamination, utility model, certificate of invention and design patents, patent applications, registrations and applications for registrations; b) trademarks, service marks, trade dress, Internet domain names, logos, trade names and corporate names and registrations and applications for registration thereof; c) copyrights and registrations and applications for registration thereof; d) mask works and registrations and applications for registration thereof;

  1. e) computer software, data and documentation; f) inventions, trade secrets and confidential business information, whether patentable or nonpatentable and whether or not reduced to practice, know-how, manufacturing and product processes and techniques, research and development information, copyrightable works, financial, marketing and business data, pricing and cost information, business and marketing plans and customer and supplier lists and information; and g) copies and tangible embodiments of any of the foregoing.

9.2 Confidential Information. “Confidential Information” shall mean any of the following, whether in oral, written, or other tangible form: a) the terms of this Agreement, b) whether or not marked or designated as confidential by the disclosing party, the disclosing party’s financial plans, financial projections, product strategies, non-public product offerings, product or service specifications, data or datasets, scope or method of providing services, customer names or lists, target or actual markets for products or services, product or service developments, processes, designs, research, marketing methods or distribution plans, c) any other information the disclosing party clearly marks as its Confidential Information, or that the disclosing party verbally designates as its Confidential Information at the time of disclosure or within a reasonable time thereafter, and d) information that, due to the nature of the information and the circumstances of disclosure, a reasonable person clearly would understand to be the Confidential Information of the disclosing party.

9.3 Customer Content. “Customer Content” shall mean any content that Customer uploads or inputs to the Eye.T Learning Portal.