Terms of Use

By using this website or application, you are agreeing to comply with the following Terms of Use, which form a legally binding contract between you and Zeal Optics, Inc. (the “Company”). Please review these Terms of Use closely!

1. Representations. By accessing or using the website, you are representing to the Company that you are at least eighteen (18) years of age (or have consulted with and obtained permission from your parent or legal guardian).
2. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR APPLICATION OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR APPLICATION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR APPLICATION SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
3. Indemnity. By using this application, you agree to defend, indemnify and hold harmless the Company, and its directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the website or application; (ii) your breach of any of these Terms of Use; and (iii) your infringement of any third party rights in relation to your use of and access to the website or application.
4. Governing Law. This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflicts of laws provisions.
5. Jurisdiction. The parties agree to submit to the personal jurisdiction and sole and exclusive venue of the state and federal courts located in Boulder County, Colorado.
6. Invalidity. If any of the provisions in these Terms of Use is judged to be invalid or unenforceable, the defective provision shall first be revised, limited, or amended, consistent with the general intent of the provision, such that it is valid and enforceable, and the remaining provisions of these Terms of Use shall be unaffected and shall remain enforceable.

INTELLECTUAL PROPERTY NOTICE

Welcome to this website or application (the "Site"). Please review the following basic terms and conditions that govern your use of our Site. Please note that the services we provide you are subject to these terms, and that your use of our Site constitutes your agreement to follow and be bound by these terms.

Unless otherwise noted, all materials, including text, illustrations, photographs, designs, graphics, logos, button icons, images, audio clips, software, written and other material (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties, owned, controlled or licensed by the Company (hereinafter “Zeal’s Intellectual Property”). U.S. and international copyright and trademark laws protect the Contents and the Site as a whole. Zeal’s Intellectual Property may not be used without our express written consent. We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written permission of the Company. This license does not include any resale or commercial use of this Site or its Contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its Contents; downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of Zeal’s Intellectual Property or other proprietary information (including images, text, page layout or form) of the Site without our express written consent. You may not use any metatags or any other "hidden text" utilizing our name, trademarks, service marks or any other of Zeal’s Intellectual Property without our express written consent. Any unauthorized use terminates the permission or license granted by us.

Unless otherwise noted, all trademarks, service marks, and trade names used herein, are trademarks or registered trademarks of the Company in the U.S. and certain jurisdictions, including but not limited to U.S. Registered Trademark Nos. 4321564, 3873225, 3497776, 4576680, 4417702, and 5410765. The Company’s products may be covered by one or more of the following patents, or other patents not listed herein: U.S. Patent Nos. US8556415 and US8356895.