General
By purchasing the Eye Trax camera system the End User or Customer is in agreement to all terms located within this “Purchase Terms and Conditions” document.
These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by the End User and Eye Trax, Inc.
If any provision of the Terms and Conditions is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these conditions.
Billing/Payment
Eye Trax accepts credit cards, checks, and ACH wire transfers. Paying in advance by check or wire transfer is available with a 5% discount on paying six months in advance and 10% when paying twelve months in advance.
Monthly Service Plan
Payments for the Monthly Service Plan will commence seven (7) days after initial order of Product(s) and Service Plan(s). The Monthly Service Plan will include the use of the User Interface and Cellular Coverage.
Every thirty (30) days the Credit Card on file will be charged to continue Monthly Service. Any Credit Card that is not valid or does not allow charges will results in a discontinuation of service.
If there is a Voluntary pause in service, there will be a $50 fee assessed to reconnect service to the End User’s Unit and use of the User Interface.
To Voluntarily postpone service written notice by email ([email protected]) or regular mail is required to cancel service within ten (10) days of the end of the billing cycle. To reinstate service, written request will be required again.
Termination of Service
Written notice by email ([email protected]) or regular mail is required to cancel service within ten (10) days of the end of the billing cycle.
The inability of Eye Trax to bill the credit card on file will also result in a cancellation of service. End Users will have thirty days to correct the charging issue or all pictures in Eye Trax’s database will be deleted.
Storage of Images
All images will be stored in Eye Trax’s database for a time period of one year (365 days) as long as the End User is still paying for monthly service. All images will be deleted from the data base thirty (30) days following written request of termination, suspension or Eye Trax’s inability to charge credit card on file.
Security of Images
All images that are stored in the Eye Trax secure database is only available to the User and is privacy protected by the User’s name and password.
Wireless Service
Eye Trax utilizes various coverage maps based on computerized, mathematical predictions of expected coverage. Immediate low laying areas have a tendency to have intermittent coverage due to the terrain. Actual coverage area may differ from that shown on coverage maps, and coverage may be affected by such things as weather, foliage, buildings, and other factors. Eye Trax does not guarantee coverage and coverage is subject to change. In buildings coverage will be adversely affected by wall thickness/material and locations within a building (i.e. basements and sub-terrain locations).
30 Day Money Back Return Policy
If the End User is not satisfied with the Eye Trax service and/or products, the system can be returned for a full reimbursement bearing that there are no damages to the unit upon arrival at the Eye Trax office. For cameras returned within this time period, baring the condition(s), the purchase price and only the purchase price will be reimbursed with thirty (30) days of receipt of camera(s). An RMA form will be emailed to End User once the RMA request has been emailed to [email protected].
Cameras are to be returned to
Eye Trax, IncInstallation & Support
End User is responsible for installing the Eye Trax Unit in a suitable location for operation. It is the End User’s responsibility to install and test the Eye Trax Unit per all local codes and requirements.
Applicable Law
Unless otherwise specified, venue and the choice of law for these Terms and Conditions shall be governed by the laws of the principal place of business of Eye Trax, Inc.
All intellectual property and other materials owned by Eye Trax, including but not limited to trademarks, patents, pending patents, embedded software, server software, and hardware, shall remain the exclusive property of Eye Trax, Inc.
Warranty
Eye Trax, Inc warrants the Product to be free from malfunctions and defects in both materials and workmanship for twelve (12) months from the date of purchase (“Warranty Period”). Eye Trax will repair or replace, at its option, the Product if it fails to function properly during the Warranty Period, subject to the conditions and/or limitations stated herein. Such repair or replacement is your sole remedy under this Limited Warranty.
Removing the lock out tab from rear latch of the Camera Housing will automatically void warranty.
Warranty service will not be provided unless the Product, returned in the manner set forth below, is accompanied by a copy of your original dated sales receipt. Eye Trax reserves the right to require you to provide your original dated sales receipt.
If something goes wrong with the Product, send it postage paid with a brief written description of the problem to:
Eye Trax, Inc
4200 Performance Rd
Charlotte, NC 28214
We will inspect the Product and contact you within seventy-two (72) hours to give the results of our inspection. There is no charge for inspection. However, if the warranty described above in paragraph does not cover the damage (i.e., the damage occurred as a result of misuse of the Product), Eye Trax will undertake to repair damaged Products that are repairable, as determined in Eye Trax’s discretion, provided that Eye Trax will charge you $75/hr plus cost of material. Such repair cost shall be deducted from the refund amount, if any. If it is determined that the Product is not repairable, Eye Trax will ship the Product back to you, and you will pay for shipping.
This Limited Warranty does not cover the following:
Limited Liability
The End User agrees that the use or intent of Eye Trax is at the End User’s sole risk. Under no circumstances, including negligence, shall Eye Trax, Inc, its officers, agents or anyone else involved in creating, producing, or distributing the System be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the System; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God or Nature, communication failure, theft, destruction or unauthorized access to records, programs or services. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in agreement, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of these Terms and Conditions.
Neither Eye Trax, Inc, its employees, affiliates, agents, third party information providers, merchants, licensers, or the like, warrant that the System service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the System.
Lawful Purpose
The End User may only use Eye Trax for lawful purposes. Use of any material in violation of any federal, state or local law is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
Indemnification
The End User agrees to indemnify Eye Trax, Inc against liability for any and all use of the Eye Trax system. The End User also agrees to defend, indemnify, save and hold Eye Trax, Inc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, asserted against Eye Trax, Inc, its agents, its clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees, or assigns.
The End User also agrees to defend, indemnify and hold harmless Eye Trax, Inc against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed by End User in connection with the use of the System; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold in conjunction with using the System.