The Even Realities Account
- You may establish an Account only if you are a natural person and an adult in your country of residence (you may not register an Account on behalf of Corporations, Limited Liability Companies, partnerships, and other legal or business entities) and you are not an individual specifically prohibited by us from using the Even Realities Services.
- You may only access the Services through your own Account. Operations under the Account are considered to be the operations of the Account registrant.
- Children who are under the legal age of majority in your country shall not utilize an Account, the Even Realities Services, nor enter into this Agreement, Even Realities with the consent of a parent or legal guardian.
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When registering as a user (“User” or “Registered User”) you agree that you will:
- provide accurate, up-to-date, and complete information about you whenever prompted or permitted by any Website registration process (“Personal Data”) and maintain and promptly update your Personal Data and keep your Personal Data accurate, up-to-date, and complete. Personal Data refer to any information relating to an identified or identifiable natural person, such as name, user account, location data, etc.;
- set a password and provide certain other requested information; and
- You agree that you shall not submit any false information (including but not limited to any user name, portrait, or profile) for the purpose of intentionally and credibly impersonating any other person, whether real or fictitious. If we determine that any information you have provided is not current, complete, or accurate, we reserve the right to refuse or terminate your access to the Even Realities Services at any time.
- The information you provide will be processed solely for the purpose of verifying your identity, and we will not process such information for any unrelated purposes.
- neither transfer or otherwise make your Account information available to third parties nor use other user(s)’ Account(s) at any time. You are responsible for maintaining the confidentiality of your Account information and if any third parties use your Account or otherwise access to your Account you may not claim compensation from Even Realities. Besides, in the event of theft, unauthorized use, or any other security breach pertaining to your Account, you may notify Even Realities immediately.
- By submitting your telephone number to this Website, you hereby consent to be contacted by representatives or systems of Even Realities through such number. The methods of contact may include the use of automated technologies, such as text messages (SMS) or pre-recorded voice calls. Your consent constitutes authorization for us to contact you only and does not obligate you to use or continue using our Services.
IF WE HAVE REASON TO BELIEVE THAT YOU HAVE FAILED TO COMPLY WITH ANY OF THE TERMS OR CONDITIONS BETWEEN YOU AND EVEN REALITIES, WE MAY, AT ANY TIME AND FOR ANY REASON, TERMINATE YOUR MEMBERSHIP OR ACCOUNT, INCLUDING DISABLING YOUR USER NAME, PASSWORD, OR ANY OTHER IDENTIFIER, WHETHER CHOSEN BY YOU OR ASSIGNED BY US, WITHOUT ANY FURTHER FORMALITY. BESIDES YOU WILL NOT BE PERMITTED TO RE-REGISTER AS A USER WITHOUT OUR EXPRESS PERMISSION. If you decide to terminate your usership or Account, please send an account deletion request email from your registered email address to support@evenrealities.com stating the account name you wish to delete and we may terminate it as soon as reasonably practical after receiving your termination request.
License Grant & License Conditions
License Grant
Subject to the terms and conditions of this Agreement, Even Realities grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to use the Even Realities Services on devices you legally own or control solely for your personal use and entertainment and non-commercial purpose (the “License”) and so long as you are permitted by Even Realities to access and use the Services. The rights granted to you by Even Realities under this License are subject to the terms of this Agreement and you may make use of the License only if you comply with all applicable terms. The License becomes effective on the date that you accept this Agreement. Except for the License and rights expressly granted under this Agreement, no licenses or rights are granted by Even Realities to you hereunder by implication, estoppel, or otherwise. All such other licenses and rights are reserved by Even Realities.
By accepting this Agreement, you acknowledge that any use of our Services other than as specifically authorized herein without prior written permission of Even Realities is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Even Realities may revoke this license at any time.
License Conditions
You acknowledge that your use of the Even Realities Services is also governed by the Website Privacy Policy, which may be amended from time to time by Even Realities.
You acknowledge and agree that, you may not either directly or indirectly do or attempt to do any of the following actions with respect to any or all of the Even Realities Services:
- Upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, or otherwise offensive or objectionable;
- Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically, or otherwise offensive or objectionable to a portion of the public;
- Infringe contractual rights, personal and property rights, intellectual property rights, and other rights and interests (including the rights of privacy, publicity, or trade secret) of Even Realities or third parties;
- Develop, use, or distribute any software, script, code, plug-in unit, programs, or applications that may cause an unfair competitive advantage;
- Exploit, distribute, or publicly inform third parties of any Service error, miscue, or bug, regardless of an intended advantage or not;
- You shall not, without prior authorization from Even Realities, publicly display, exhibit, perform, or distribute any materials belonging to the Even Realities Services in any place or platform open to the public.
- Sell, lease, rent, license, sublicense, or otherwise use whole or part of Even Realities Services and related contents, information, element for a commercial purpose;
- Copy, reproduce, adapt, reverse engineer, decompile, disassemble, or otherwise create derivative works based on any of the Even Realities Services;
- Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the Even Realities Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading, or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files, or other unauthorized programs;
- Allow or assist any third parties to do any of the above; and
- Use the Services to or permit, enable, or assist a third party to create competing products or services.
You further acknowledge and agree that your use of the Even Realities Services shall comply with any applicable laws or local regulations and that you will immediately stop using or accessing the Even Realities Services when applicable laws or local regulations so require.
Except as expressly authorized under this Agreement, you may not copy the Even Realities Services in whole or part or any accompanying materials therein. Because the Even Realities Services contain our proprietary information, you agree:
- to hold in the strictest confidence all code and any technical elements of the Even Realities Services;
- not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose, or otherwise transfer any of our un-public information; and/or
- subject to all applicable law (including US Copyright law and DMCA) not to make use of the Even Realities Services except for your individual use, enjoyment, and non-commercial purpose.
Except expressly authorized herein, any use of the Even Realities Services in whole or part without our prior written consent is strictly prohibited and the License granted herein will be terminated. Even Realities expressly reserves the right to deny anyone access to the Even Realities Services at any time for any reason without prior notice. You further agree that Even Realities without any liability shall be entitled to suspend or terminate providing any of the Even Realities Services or change the provided content at any time for any reason without prior notice.
You further agree that Even Realities is not liable for the behavior of any other users or third parties, including but not limited to any third-parties’ websites or services linked on or through the Even Realities Services.
You are responsible for ensuring that all persons who access our Website through your internet connection are aware of, agree to, and comply with this Agreement. You are jointly and severally liable for their actions in relation to their use of our Website and Services.
Terms for Prescription Glasses Services
These Prescription Terms and Conditions ("Prescription Terms") apply in respect of any Order for the supply of prescription services in accordance with a prescription from a qualified, registered medical practitioner or optometrist ("Prescription Order").
By placing a Prescription Order in relation to any Goods, You agree to be bound by these Prescription Terms in relation to the Prescription Order (but not the Goods).
These Terms and Conditions shall apply to the extent permitted under the laws of your country or region of residence. In the event that the prescription service provisions set forth herein are insufficient to meet the mandatory legal requirements of your country or region, the local legal requirements shall prevail.
Your assurances with respect to any Prescription Order
- That the product is for a person aged 16 years old and over, they are not registered blind or registered partially sighted or suffer from glaucoma or any other related eye disease; and do not have any other eye conditions that a registered medical practitioner or licensed optician has determined to make the use of such products inappropriate;
- That You are in possession of a written prescription that are the subject of the Prescription Order, and that such prescription has been given to You by a local registered medical practitioner or registered optometrist ("Your Optician") following the testing of sight by him or her within the last twenty-four months if You are under 70 years old, or within the last twelve months if You are aged 70 or over, and that any recommended retest date has not elapsed;
- If sending Even Realities Your existing spectacles to be copied, that the spectacles sent to Even Realities are made to Your written prescription referred to in Previous Clause;
- To supply, full, accurate and complete details of Your current prescription (including any notes on the prescription) or a copy of Your original prescription when requested, and any contact details as given to You by Your Optician;
- You acknowledge and understand the nature of the prescription services, and you are solely responsible for confirming, under the guidance of a registered medical practitioner or licensed optician, whether such services fully satisfy your individual visual requirements;
- If You have worn spectacles or contact lenses before and have experienced any problems with the spectacles or contact lenses, to provide Even Realities with accurate and complete details of such problems.
Even Realities right to make enquiries with respect to any Prescription Order
- To contact You to discuss Your Prescription Order, provide advice, and/or arrange a free face-to-face consultation with You; or
- To contact the registered medical practitioner or registered optometrist who provided Your prescription to verify and/or discuss Your prescription.
- Request that you send Even Realities the original written prescription (or a clear copy thereof);
- Request that You contact the registered medical practitioner or registered optometrist who provided Your prescription to verify and/or discuss Your prescription;
- Request that You obtain Your pupillary distance measurement from Your optician; and/or
- Request that You obtain a new written prescription (if, by way of example only, the prescription provided with Your Order contains a retest date that has elapsed).
Pupillary distance and/or Segment Height
- You send Your pupillary distance and/or Segment Height measurement to us; and/or
- One of Even Realities supervising opticians considers at his/her absolute discretion that it is necessary for You to obtain a pupillary distance and/or Segment Height measurement.
Issues with Prescription services
- Seek advice from an appropriate medical practitioner without delay, which may include an ophthalmologist, optician or eye doctor; and
- Notify Even Realities promptly of any such issue.
The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your Prescription Order.
Sales
User Feedbacks
If you provide to us any ideas, proposals, suggestions, or other materials, whether submitted online, by email, by postal mail, or by any other means (collectively, “Feedback”), and whether related to the Services or otherwise, you agree that Even Realities will be free to use any Feedback that you provide for any purpose. You hereby assign and agree to assign to Even Realities all right, title, and interest to such Feedback and all property rights therein, including without limitation all patent, copyright, trade secret, trademark, moral right, or other intellectual property rights. If such assignment is not enforceable, you hereby grant Even Realities a non-exclusive, unrestricted, unconditional, unlimited, royalty-free, perpetual, and irrevocable right and license to use, reproduce, copy, sell, resell, modify, adapt, publish, publicly display, publicly perform, record, post, translate, transmit, broadcast, disclose, distribute, create derivative works from, and otherwise exploit any user-generated content in any manner. Accordingly, Even Realities shall have the perpetual right to use such Feedback for any purpose and in any form of exploitation, including but not limited to promotional and advertising purposes, in any and all media now known or hereafter devised, without any compensation or obligation to you. You agree to provide material, statistics, or information that is not deemed confidential for use in press releases, customer testimonials, social media platforms, and as a reference in marketing and sales initiatives by Even Realities.
We may (but are under no obligation to) monitor, edit, or remove any user feedbacks that we, in our sole discretion, determine to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.
You agree that your feedback shall not infringe upon any rights of any third party, including but not limited to copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further agree that your feedback shall not contain defamatory or otherwise unlawful, abusive, or obscene material, nor shall they contain any computer viruses or other malicious software that may in any way affect the operation of the Services or any related website. You shall not use a false email address, impersonate any person other than yourself, or otherwise mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback you post and for their accuracy. We assume no liability for any feedback posted by you or any third party.
Ownership / Intellectual Property
Even Realities shall be the sole and exclusive owner of all rights, titles, and interests in and to the Even Realities Services under this Agreement, including but not limited to its products, related software, firmware, applications, user interfaces, and all associated technologies.You acknowledge that your use of the Even Realities Services does not confer you any right or interest or otherwise in any aspect or feature of it.
Any or all of the Even Realities Services (including trade secrets, database rights, copyright, patent, trademark, and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the Even Realities Services (including but not limited to any content, programs, tools, source codes, object codes, HTML content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, technology, architecture, logic, structure, sequence, organization, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, accessories, virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software related documentation, and all other features contained in the Even Realities Services) are protected by applicable laws from unauthorized use.
You agree that any or all of the Even Realities Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Even Realities’s express prior written permission. Any use of our copyrighted materials, including but not limited to make derivative works, requires the express prior written consent of Even Realities. Please note any unauthorized reproduction or redistribution of the Even Realities Services shall be prohibited and may result in severe legal penalties.
Even Realities remains the sole owner of rights, titles, and interests (including intellectual property rights, neighboring rights, and other rights and interests) in and to the Even Realities Services. You acknowledge and agree that you may not have any right or interest as a result of using the Even Realities Services except explicitly granted to you under this Agreement.
Features of Our Services
Beta Test
We may in our own discretion permit you to test, evaluate, or comment on one or more Service(s) before they are marketed or launched in order to identify bugs and errors in the programs and/or improve their functioning (“Beta Test”).
You agree that the Beta content which is supplied to you under a Beta Test is highly confidential information belonging to us and that you may be required to sign a confidentiality or other agreement for each Beta Test in which you participate. You must perform the Beta Test personally.
Specific terms apply to the Beta Test which are incorporated in the Agreement and available on such Service.
Certain functionality and services may not be accessible outside and may vary amongst and within the supported countries.
Your responsibility for your use of Even Realities Services
You are responsible for complying with all applicable laws when using Even Realities Services.
Protection of Personal Data
All the Personal Data collected from you is subject to applicable laws and Even Realities shall try its best efforts to protect your Personal Data. Subject to any applicable laws and regulations, the user has the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please refer to Even Realities’ Website Privacy Policy for more information regarding the collection and use of your Personal Data(the “Privacy Policy”). The terms and conditions of the Privacy Policy are incorporated by reference into this Agreement, binding upon you in full. If you do not agree to these Terms and Conditions, you must not access or use the Services.
Trade Compliance
- terminating this Agreement and/or your account;
- revoking your license to use Even Realities products;
- suspending or restricting your access to the Services;
- cancelling or restricting your purchases of products;
- removing or disabling access to any relevant content.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold Even Realities and/or its affiliates, employees, officers, managers, directors, agents harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:
- your access to or use of the Even Realities Services or products;
- your breach or alleged breach of this Agreement, including but not limited to any terms, conditions, obligations, representations, or warranties contained herein;
- any materials, data, or information provided by you or on your behalf;
- your violation of any applicable laws or third-parties’ rights and interests; and/or
- your other illegal or inappropriate behavior.
Injunctive Relief
Without prejudice to any other rights or remedies that Even Realities may have, you acknowledge and agree that in the event of any threat to or actual breach of this Agreement, Even Realities shall without proof of special damage be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which Even Realities may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from Even Realities.
Limitation of Liability
- any errors, mistakes, or inaccuracies of the Even Realities Services;
- personal injury, property damage, lost profits, loss of data, or any indirect, special, incidental, exemplary, consequential, or punitive damages arising from your use of the Even Realities Services;
- any interruption, suspension, or termination of the Even Realities Services;
- any bugs, viruses, or similar links transmitted by third parties on or through the Even Realities Services;
- any programs intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any personal information of you; and/or
- any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
In no event shall Even Realities be liable to you or third parties for any indirect, incidental, punitive, special, exemplary, or consequential damages (including without limitation loss of business, revenue, profits, use, data, or other economic advantage) however it arises, whether for breach of contract or in tort, Even Realities if Even Realities has been advised of the likelihood of such damages occurring.
Even Realities has no control over third-party sites which you may have access to, including those sites which are linked to our Website and Services. Therefore, Even Realities is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our Services or Website. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.
THE MAXIMUM AGGREGATE CUMULATIVE LIABILITY OF Even Realities AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOU MAKING A CLAIM AGAINST Even Realities. These limitations and exclusions regarding damages apply, Even Realities if any remedy provided by us fails to provide adequate compensation.
Notice
To the maximum extent permitted by applicable laws, Even Realities may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the Even Realities Services) to the users through one or more of the following, including but not limited to, notice or announcement within the Even Realities Website, email, or other contact information you provided to Even Realities.
Once any notice is dispatched or sent in any way listed above by Even Realities, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to please inform Even Realities in writing within 15 days as of the receipt of such notice and addressed to Even Realities GmbH at Friedrichstraße 79, 10117 Berlin, Germany or Room 29D, 8/F, On Cheong Factory Building, No. 19 Tai Yip Street, Kwun Tong, Hong Kong, except that we have provided a more specific way of notifying us. Otherwise, it shall be deemed that you have accepted and agreed to such notice.
Termination
Terms
This Agreement is effective upon your access to our Website or Services and shall remain in effect until it is terminated or superseded by a New Agreement or if neither of the foregoing events occur, as long as you continue using the Even Realities Service. In the event that Even Realities chooses to cease providing the Service or license to a third party the right to provide the Service, Even Realities shall use reasonable commercial efforts to provide you prior notice unless the discontinuance arises from a matter that is beyond our control or causes the provision of such advance notice not to be possible or feasible. Neither the Even Realities Service nor the agreement to provide access to the Even Realities Service shall be considered a rental or lease of time on the capacity of Even Realities’s servers or other technology.
Termination
We reserve the right to terminate this Agreement at any time for any reason or for no reason with or without notice to you. For purposes of explanation and not limitation, most Account/Service suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, we may provide you with a prior warning and/or suspend your use of the Account/Services due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
Upon termination, we may, but are under no obligation to, at our sole discretion, revoke access to any Services and/or delete from our systems all of your personal information and any other documents or data that you have provided to us, or that are otherwise related to your use of the Even Realities Services. Following termination, you shall immediately cease all use of the Even Realities Services.
Upon termination, all rights and obligations arising under this Agreement shall cease, except that the Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination. Also, all the rights and interests of Even Realities and the authorization (if any) granted to Even Realities shall still remain in effect and survive the termination of this Agreement.
Changes to these Terms of Service
You may review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates or changes on our Website. It is your responsibility to periodically check our Website for any changes. Your continued use of or access to our Website or Services following the posting of any changes to these Terms of Service shall constitute your acceptance of such changes.
Changes to this Website
We may, from time to time, update the content on this Website; however, its content is not necessarily complete or up to date. Any material on this Website may be out of date at any given time, and we are under no obligation to update such material.
Governing Law and Dispute Resolution
PLEASE READ THE FOLLOWING TERMS CAREFULLY, AS THEY MAY AFFECT YOUR RIGHTS UNDER THIS AGREEMENT. THIS SECTION MAY AFFECT YOUR RIGHT TO FILE A LAWSUIT IN COURT, OR YOUR RIGHT TO BRING AN ACTION ON AN INDIVIDUAL BASIS.
This section limits your right to participate in any form of class action.
This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of this Agreement, its subject matter, or its formation, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to any exclusive conflict-of-law principles provided otherwise herein. In the event that any conflict-of-law rules would result in the application of laws other than those of Hong Kong, the laws of Hong Kong shall prevail. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this Agreement.
Before initiating any formal legal proceeding, you shall first contact Even Realities through evenrealities.com. If you and Even Realities are unable to resolve the dispute amicably, both parties agree to the following dispute resolution procedures.
Any dispute arising out of or in connection with this Agreement shall be submitted to and finally resolved by arbitration administered by an arbitration institution located in Hong Kong, or by such local arbitration institution as may be designated by the Company, in accordance with the arbitration rules then in effect, and conducted pursuant to the procedures governed by those rules. The arbitral award shall be final and binding upon both parties. If the foregoing arbitration provision is found to be unenforceable with respect to any dispute, both parties agree that such dispute shall be brought before the courts of Hong Kong, and each party waives right of defense relating to personal jurisdiction or venue convenience (including those applicable in connection with any arbitral or judicial proceedings).
If any of the procedures referred to in this section are unenforceable in a particular jurisdiction, both parties agree that the dispute shall be resolved through an equivalent procedure under Hong Kong law, and that such dispute shall be resolved within the corresponding jurisdiction. If any court determines that the waiver of class actions, representative actions, or non-individualized relief is invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.
However, if you are a consumer residing in a country or region whose mandatory laws provide a higher level of protection, such mandatory legal provisions shall prevail. As a consumer, you shall benefit from any mandatory provisions of the laws of your country or region of residence. Nothing in this Agreement shall affect your rights to rely on such mandatory local legal provisions as a consumer.
No Assignment
You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement whether by operation of law or otherwise without the express prior written consent of Even Realities. Otherwise, Even Realities may in its sole discretion terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, Even Realities shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
General
Even Realities reserves the right to amend, modify, or revise this Agreement. This Agreement may be updated from time to time to accurately reflect our services and practices, to promote a safe and secure experience on our Services, and/or to comply with applicable law. We will only make changes if the provisions are no longer appropriate or if they are incomplete and only if the changes are reasonable and take due account of your interests or if the changes are required for safety and security purposes or to comply with applicable law. In the event of material changes, we will notify you (for example, by email or through our Services, as described in Section 12 - Notices) at least 30 days before we make changes to the Services and give you an opportunity to review them before they go into effect unless the changes are required by law. If you do not agree to our updated provisions, you must cease use of our Services. Your continued access to Even Realities Services will constitute your acceptance to the newly updated Agreement and any agreements or policies therein. If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the Even Realities Services, your license under this Agreement shall immediately terminate and you may immediately stop accessing the Even Realities Services.
If any provision of this Agreement is held to be void or declared illegal, invalid, or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of Even Realities.
References to “include,” “includes,” and “including” shall be construed so as to mean include without limitation, includes without limitation, and including without limitation, respectively.
In addition to any other limitations which may be set forth herein, Even Realities may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of Even Realities, such as acts by governmental authorities, acts of God, or other events outside of the reasonable control of Even Realities.
You agree that Even Realities expressly reserves the right at any time for any reason without prior notice and without any form of compensation to suspend or deny anyone use or access to the Even Realities Website and Services; to cease providing any services; and/or to change, add any portion of the Even Realities Services.
No failure or delay on the part of Even Realities in exercising any right, power, or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise of it or the exercise of any other right, power, or privilege.
You shall comply with all applicable export control and trade sanctions laws of the United States, the European Union, and any other applicable countries or regions (collectively, the “Export Laws”).
Third-Party Services
The Services may be linked to, integrated with, or provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control such third parties or the products they provide. You are advised to review the applicable terms of use, agreements, and privacy policies governing such third-party products. You agree that your use of the Services through any such third-party devices shall also be subject to the applicable terms of services set forth by the relevant third-party beneficiaries. You hereby represent and warrant that you have read and agreed to such terms.
Important Notices
- The Even Realities Smart Ring (Even R1) is not a medical device and is not intended for diagnosing, treating, curing, monitoring, or preventing any disease. Do not alter your medication, nutrition, or exercise regimen without consulting your physician or another qualified medical professional.
- This product is not intended for individuals under the age of 18. Please keep the ring out of reach of children. If you discover or suspect that a child has swallowed the ring, seek medical attention immediately.
- If you experience redness, irritation, or other skin reactions while wearing the Even Ring, remove it immediately. If symptoms persist for more than 2–3 days, consult a physician without delay.
Contact
If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us by sending a letter to Even Realities GmbH at Friedrichstraße 79, 10117 Berlin, Germany or Room 29D, 8/F, On Cheong Factory Building, No. 19 Tai Yip Street, Kwun Tong, Hong Kong; or email us at support@evenrealities.com.
NOTICE TO CALIFORNIA RESIDENTS
This Section contains terms specific to California residents. Please ensure you carefully read this Section if you are a resident of California.
You will not use or download our Services if you are located in a country or region subject to comprehensive US trade sanctions, if you are listed on any US or non-US restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods. You will not directly or indirectly export, re-export, provide, resell, transfer, or otherwise dispose of Even Realities Services: (a) to any individual, entity, or country or region prohibited by Export Laws; (b) to anyone on US or non-US government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons or missile technology applications without the required government authorizations.
Pursuant to Cal. Civil Code § 1789.3, please note that (a) Even Realities is located at Friedrichstraße 79, 10117 Berlin, Germany; (b) The fees and charges for the Services vary depending on the services selected by you; and (c) If You have a complaint regarding the Services or desire further information on use of the Services, contact us via support@evenrealities.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd. Suite N112 Sacramento, CA 95834 or by telephone at (800) 952-5210.
Déclaration complémentaire applicable aux régions françaises
Préalablement à tout achat de tels dispositifs médicaux, il est impératif de consulter un professionnel de santé qui déterminera les différents paramètres adaptés à votre vue et procédera aux tests nécessaires. Il est important de consulter régulièrement un spécialiste, professionnel de santé et de suivre ses recommandations, conseils et instructions.
Le Client déclare et certifie, lors de son achat sur le Site, qu’il porte, sans problème, les lunettes correctrices choisies. Il reconnaît n’avoir aucune contre-indication au port de lunettes correctrices. Ces dispositifs médicaux sont des produits de santé réglementés qui portent au titre de cette réglementation le marquage CE. Le Client déclare avoir été informé des modalités d’utilisation, d’entretien et de manipulation des lunettes correctrices, y compris des règles d’hygiène et modes d’emploi des produits achetés sur le Site. Le Client choisit ses Produits sur le Site. Selon les produits choisis, le Client renseigne sa correction inscrite sur son ordonnance. L’ensemble des Produits sélectionnés est placé dans le Panier.
Conformément à la réglementation, pour l’achat de lunettes correctrices et/ou de lentilles de contact il est communiqué un devis gratuit préalablement à la conclusion de la vente. Ce devis est consultable et imprimable depuis l’étape de paiement.
Les prix de vente peuvent être modifiés par La Société à tout moment.
Pour plus d'informations, vous pouvez :
- Consulter le site de l'Agence nationale de sécurité du médicament et des produits de santé: ansm.sante.fr
- Information du consommateur sur la vente de lunettes correctives: Disponible ici
- Demander conseil à votre opticien ou audioprothésiste.
- Lisez attentivement les mentions figurant sur la notice d’utilisation, le cas échéant.
特定商取引法に基づく表記
- 販売事業者： HONG KONG EVEN REALITIES LIMITED
- 運営統括責任者：Li Wang
- 所在地： Room 29D, 8/F, On Cheong Factory Building, No. 19 Tai Yip Street, Kwun Tong, Hong Kong
- 電話番号：+1 (877) 872-0877
- メールアドレス： support@evenrealities.com
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