Terms and Conditions of Use
of the Eclipse2024.org website
Please read these Terms and Conditions of Use carefully. Your use of the Eclipse2024.org website constitutes your agreement to these Terms and Conditions of Use.
The term "Website" means the Eclipse2024.org website owned and operated by Eclipse2017.org, Inc. (“Eclipse2017") and any modifications to the Website from time to time and any other software or documentation which enables the use of the Website.
By using the Website for any purpose, you agree to be bound by these Terms and Conditions of Use. Please review them carefully before using the Website. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
Eclipse2017 reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions of Use, at any time. It is your responsibility to check these Terms and Conditions of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
Proprietary Rights and License
All designs and information contained in this Website are the property of Eclipse2017.org, Inc. (“Eclipse2017"). All trademarks, copyright, database rights, and other intellectual property rights of any nature in the Website which are not identified as being owned by a third party, together with the underlying software code, are owned by Eclipse2017. This Website is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Website, including without limitation any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features. Eclipse2017 reserves all rights not expressly granted to you.
Eclipse2017 hereby grants you a limited, non-exclusive, revocable license to use the Website for non-commercial purposes in accordance with these Terms and Conditions.
Conditions of Use
You will not, nor allow third parties on your behalf to: (i) make or distribute copies of the Website, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website, or (iii) create derivative works of the Website of any kind whatsoever.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any associated server, or to any of the services offered on or through the Website, by hacking or any other illegitimate means.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not use the Website or any content on the Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or to conduct any illegal activity or other activity which infringes the rights of Eclipse2017 or others.
Eclipse2017 will use reasonable efforts to make the Website available at all times. However, you acknowledge the Website is provided over the Internet and mobile networks, so the quality and availability of the Website may be affected by factors outside Eclipse2017's reasonable control.
Eclipse2017 does not accept any responsibility whatsoever for unavailability of the Website, or any difficulty or inability to download or access content or purchase products or any other communication system failure which may result in the Website being unavailable or not working correctly.
This Website is designed to be used only while the user is located on the ground. The Website is not designed to be used in an aircraft or at high altitude. Use on an aircraft or at high altitude may cause errors in the display of eclipse times.
The Website is currently made available to you free of charge for your personal, non-commercial use. Eclipse2017 reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You agree that Eclipse2017 may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines which may be associated with your use of the Website.
Purchase of Products and Services
Eclipse2017 may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Eclipse2017 makes no commitment to update the materials on the Website with respect to such products and services.
Some of the products on the Website are sold by third parties via websites owned and operated by others for which we may receive a commission when you purchase their products.
Those third parties are not related to or under the control of Eclipse2017. Eclipse2017 is not responsible for the content of any third-party websites or products and we make no representation or warranty with respect to the content of any such websites or products. ECLIPSE2017 EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIRD PARTY PRODUCTS AND WEBSITES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that your purchase of their products engages you solely with that third party, and that all payment, shipping, quality, warranties, returns, disputes, and other financial and logistic considerations will be handled directly between you and the third party.
Though eclipse glasses are an extremely cost-effective means of safely viewing the eclipse, they are a precision scientific instrument. Due to the nature of the eclipse glasses as a personal health and safety product, and because of the negative affect on usability for their stated purpose that may be caused by handling and storage conditions after they are sold, we are unfortunately unable to accept returns of eclipse glasses for any reason.
“Rainbow Symphony” is a registered trademark of Rainbow Symphony, Inc. “Zazzle” is a registered trademark of Zazzle, Inc. “Redbubble” is a registered trademark of Redbubble Limited. “Society6" is a registered trademark of Leaf Group, Ltd. “iPhone” and “iPad” are registered trademarks of Apple, Inc. “Samsung Galaxy” is the registered trademark of Samsung Electronics Co., Ltd. “Android” is the registered trademark of Google, Inc. Use of the Rainbow Symphony, Zazzle, Redbubble, Society6, iPhone, iPad, Samsung Galaxy, and Android names is for identification purposes only and does not imply any affiliation with or endorsement by those companies.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECLIPSE2017 HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES, WITH REGARD TO THE WEBSITE. THE WEBSITE AND SOFTWARE AND ANY INFORMATION, DOCUMENT, OR OTHER MATERIAL MADE AVAILABLE ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, OR NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL ECLIPSE2017 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE WEBSITE, INCLUDING LOSS OF PROFIT OR THE LIKE, WHETHER OR NOT IN THE CONTEMPLATION OF THE PARTIES AND WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ECLIPSE2017 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ECLIPSE2017 WILL NOT BE LIABLE FOR ANY DAMAGE OR ALTERATION TO YOUR EQUIPMENT, INCLUDING BUT NOT LIMITED TO COMPUTER EQUIPMENT, MOBILE PHONES, OR OTHER HANDHELD DEVICES AS A RESULT OF THE USE OF THE WEBSITE.
YOUR USE OF THE WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE PRODUCTS, SERVICES, OR CONTENT AVAILABLE THROUGH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST ECLIPSE2017 IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE.
You agree to indemnify and hold Eclipse2017, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Eclipse2017 by any third party due to or arising out of or in connection with your use of the Website.
Governing Law, Jurisdiction, and Relief
These Terms and Conditions of Use and all claims arising from or related to your use of the Website are governed by and construed in accordance with the laws of the State of Indiana, without regard to any conflict of law rules. These Terms and Conditions and the Website will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
You agree to the personal jurisdiction by and venue in the state and federal courts in Marion County, Indiana, and waive any objection to such jurisdiction or venue.
Regardless of any statute or law to the contrary, you must file any claim or action related to these Terms and Conditions or use of the Website within one year after such claim or action has accrued or the claim or action is barred.
You agree that any violation by you of these Terms and Conditions of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Eclipse2017, for which monetary damages would be inadequate, and you consent to Eclipse2017 obtaining any injunctive or equitable relief that Eclipse2017 deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Eclipse2017 may have at law or in equity.
These Terms and Conditions of Use constitute the entire agreement between you and Eclipse2017 with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Eclipse2017 with respect to such use are hereby superseded and cancelled. Eclipse2017's failure to insist on or enforce strict performance of these Terms and Conditions of Use shall not be construed as a waiver by Eclipse2017 of any provision or any right it has to enforce these Terms and Conditions of Use, nor shall any course of conduct between Eclipse2017 and you or any other party be deemed to modify any provision of these Terms and Conditions of Use. These Terms and Conditions of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.