Terms and Conditions

Instructions

Please review the following terms and conditions ("Terms of Use") that govern your use and purchase of products (collectively, "Use") of our website (“Site”).  Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use.

General

2nd Sight Solutions reserves the right to at any time modify, alter or update these Terms of Use.

Payments, Insufficient Funds and Returned Cheques

2nd Sight Solutions will charge $50 for every insufficient funds charge and returned cheque. We will prosecute fraud to the fullest extent of the law.  If 2nd Sight Solutions is unable to collect product payment, non sufficient fund fees or returned cheque fees, 2nd Sight Solutions will hire a third party collection agency to attempt to collect such funds and fees.  Insufficient funds and returned cheques will be reported to the major credit reporting agencies.  Attempts to fraudulently obtain products from 2nd Sight Solutions will be prosecuted to the fullest extent of the law.

Refund Policy

2nd Sight Solutions software trial versions are fully functional and can be downloaded from our web site for a generous evaluation period. In this way you can make sure it meets your needs and works well for you without risk or financial obligation. If the software does not meet your requirements or does not suit you for any other reason 2nd Sight Solutions offers a money back guarantee of the software and/or hardware purchase price if a request for a refund is made in writing or electronically within 30 days of purchase. Charges for on site visits and related travel costs are not refundable. To be eligible for a refund, all copies of the software stored on your hard disk or otherwise archived must be destroyed, the software must be uninstalled, and any hardware, promotional or purchased must be returned.

Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, the "Contents") are copyrights and trademarks or other intellectual properties owned, controlled or licensed by 2nd Sight Solutions or its subsidiaries and affiliates.

Comments, Feedback and Other Submissions

We welcome your comments and feedback regarding our Site, our products and our services.  We do not, however, accept confidential or proprietary information.  Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to 2nd Sight Solutions using this Site or otherwise (collectively, "Comments") are not confidential and will become and remain 2nd Sight Solutions’ property.  The disclosure, submission or offer of any Comments will constitute an assignment to 2nd Sight Solutions of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation.  Comments submitted by you must not violate any right of any third party, and must not contain any libellous, abusive, obscene or otherwise unlawful material.

The Contents are intended solely for your personal, non-commercial use.  You may copy Contents displayed on the Site for your personal, non-commercial use only.  No right, title or interest in any Contents is granted or transferred to you as a result of any such copying.  Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site.  Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

Links to Other Web Sites and Services

This Site may include links to other Internet sites maintained by third parties ("Linked Sites").  2nd Sight Solutions provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by 2nd Sight Solutions of the Linked Sites.  You access Linked Sites at your own risk and by accessing them you leave the 2nd Sight Solutions Site.  Linked Sites are not under the control of 2nd Sight Solutions and 2nd Sight Solutions is not responsible for the contents of any Linked Site.

Product Information

The products displayed on the 2nd Sight Solutions on-line store can be ordered and delivered within the United States and Canada as well as foreign countries.  The prices displayed on the Site are quoted in US dollars.

Limitation of Liability and Indemnity.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. . 2nd SIGHT SOLUTIONS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2nd SIGHT SOLUTIONS DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH 2nd SIGHT SOLUTIONS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.  YOUR USE OF THE SITE IS AT YOUR OWN RISK. 2nd SIGHT SOLUTIONS NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.  2nd SIGHT SOLUTIONS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF 2nd SIGHT SOLUTIONS’ TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 2nd SIGHT SOLUTIONS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS, MANUFACTURERS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by 2nd Sight Solutions.  If in 2nd Sight Solutions’ sole discretion you fail to comply with any term or provision of this agreement, 2nd Sight Solutions may deny you access to the Site.  In the event of denial of access by 2nd Sight Solutions, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force.  These Terms of Use constitute the entire agreement between you and 2nd Sight Solutions relating to the subject matter addressed herein.

Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

Downloading Files

2nd Sight Solutions cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Software

Any software available for download via the Site is the copyrighted work of 2nd Sight Solutions and/or its licensors.  Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software.  Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

Disclaimer of Warranties

2nd SIGHT SOLUTIONS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT.  2nd SIGHT SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE.  2nd SIGHT SOLUTIONS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED.  2nd SIGHT SOLUTIONS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Applicable Law

The law applicable to the interpretation and construction of these Terms and Use and any transaction (including sales of products) using or related to the Site, shall be the laws of the Province of British Columbia, USA without regard to conflict of laws.  All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using this Site, shall be brought only in the provincial or federal courts of British Columbia, Canada, and you and 2nd Sight solutions do hereby consent to the jurisdiction and venue of such courts.