Last Updated: March 19, 2026
Please read these Terms of Service (these “Terms”) carefully before using the website located at https://thehandandtheeye.com (the “Site”). The Site, including the member portal (the “Member Portal”) and public portal (the “Public Portal” and collectively the “Portal”) is owned and operated by The Hand & The Eye (“The Hand & The Eye,” “Company,” “we,” “us,” or “our”). The Company provides the Site to you (“you,” “your,” or “User”) for your personal use only and subject to your acceptance of and compliance with these Terms. The Site, applications, services, features, content, and all other functionality made available via the Site or otherwise offered by the Company are collectively referred to as our “Services.” By accessing or using any part of the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR SERVICES.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH IN SECTION 9.10 BELOW CAREFULLY. THESE TERMS REQUIRE YOU TO RESOLVE DISPUTES WITH THE HAND & THE EYE THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. BY USING THE SITE OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
By using, accessing, or browsing any part of the Site or Services, including the Member Portal and Public Portal, you expressly agree to and consent to be bound by all of the terms and conditions contained in these Terms, as well as the Membership Rules located at https://guest.thehandandtheeye.com/terms, which are incorporated herein by reference. By using the Site or Services, you represent and warrant that you: (a) have read and understood these Terms; (b) are at least 18 years of age or older and of legal age to enter into a binding agreement in your jurisdiction; (c) accept these Terms and agree that you are legally bound by them; and (d) acknowledge that these Terms constitute a legally binding agreement between you and The Hand & The Eye, even though they may be electronic and may not be physically signed. In the event of any conflict between these Terms and the Membership Rules, the Membership Rules shall control solely with respect to membership-related matters. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR ACCESS THE SITE.
2.1 “Application” means the self-contained program and software provided by The Hand & The Eye which offers access to The Hand & The Eye’s Services and its Users who use The Hand & The Eye Application (as defined below), to be used on mobile devices, the Site, and any upgrades from time to time and any other software or documentation which enables the use of the Application. The Hand & The Eye may elect to update the Application at any time without prior notice. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Application. You agree that The Hand & The Eye may automatically deliver such updates to you as part of the Services and you shall receive and install them as required.
2.2 “Confidential Information” means all information that is disclosed by one party to the other under this Terms, including the terms of this Terms, data, tools or methodologies, business information, trade secrets, or any other information designated by a party as confidential, excluding information that: (i) is or becomes publicly known, through no fault of the receiving party; (ii) was known by the receiving party prior to disclosure hereunder; (iii) is disclosed to the receiving party by a third party with no violation of confidentiality to the disclosing party; or (iv) is developed by the receiving party independent of any use of information disclosed by the disclosing party. Confidential Information shall remain such for three (3) years after expiration or termination of the Terms.
2.3 “Fees” are the charges, prices, and fees set forth in the terms on a fee schedule within the Application.
2.4 “Governmental Authority” means the federal government of the United States, any state government, or any political subdivision of either, or any agency, court or body of the federal government of the United States, or any state, or any political subdivision of either, exercising executive, legislative, judicial, regulatory or administrative functions.
2.5 “Illicit Code” means any program containing malicious or detrimental hidden files, any virus, malware or any other malicious computer program, any hardware-limiting, software-limiting or services-limiting function not part of standard configuration (including any key, node lock, time-out or other similar functions) or containing any automatically replicating, transmitting or activating computer program that is not planned or expected by one of the parties hereto.
2.6 “Intellectual Property Rights” are all patents, patent applications, trademarks, inventions (whether or not patentable), know-how, designs, mask works, processes, methodologies, service marks, copyrights and copyrightable works, trade secrets including Confidential Information, data,designs, manuals, training materials and documentations, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other intellectual property rights as these terms are understood under Law, including any modifications, adaptations, adjustments, enhancements, updates, improvements, alterations and error corrections thereto and other derivative works thereof.
2.7 “Law” means with respect to any Party, in each case to the extent applicable to such Party, its property, any of the Services or, in connection with this Terms, any federal, state, county or local law, ordinance, statute, rule, regulation, regulatory guidance, code, guideline, policy, notice, treaty, judgment, order, decree, injunction, permit, issuance or other determination or finding of any Governmental Authority, or self-regulatory organization.
2.8 “Parties” are both The Hand & The Eye and User, and The Hand & The Eye and User may be individually referred to as a “Party.”
2.9 “Person” means a natural person, sole proprietorship, partnership, firm, corporation, limited liability company, joint stock company, business trust or other entity or association, including any Governmental Authority, and where the context requires, any of the foregoing when they are acting as trustee, executor, administrator or other legal representative.
2.10 “Services” means the provision of access to The Hand & The Eye Software, the Application, the Site (including the member portal and public portal), The Hand & The Eye Application, and all related content, features, and functionality made available to Users, as further described within this Terms.
2.11 “Software” means the source code and object code versions of any programs, operating system software, computer software languages, utilities and other computer programs (i.e., any set of statements or instructions to be used in a computer to obtain a result), and related documentation and supporting materials, in any form or media, used to provide the Services, including the tangible media upon which the programs, operating system software, computer software languages, utilities and other computer programs, and documentation and supporting materials are recorded or printed, together with all corrections, improvements, updates and releases.
2.12 “Taxes” are any value-added, country or local sales, use or similar taxes assessed by any taxing authority, and any telecommunications excise taxes.
2.13 “User” means any Person who accesses or uses the Site, Portal, or Application.
2.14 “Work Product” means all information, data, deliverables, materials, documents, documentation, works of authorship, computer programs, software, designs, specifications, processes, procedures, techniques and all tangible embodiments of the foregoing and all Intellectual Property Rights created, developed or prepared, documented or delivered by The Hand & The Eye in providing the Services.
3.1 Generally. Subject to User’s compliance with these Terms, The Hand & The Eye grants User a personal, limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to access and use the Site and Services for User’s personal, non-commercial purposes only. User may view, copy, download, or print materials from the Site for User’s own personal use only. This license does not include any rights not specifically enumerated herein, and any rights not expressly granted herein are reserved. No license or right to use any trademark of The Hand & The Eye or any third party is granted in connection with the Services. The Hand & The Eye reserves the right to modify, suspend, or discontinue the Site or any part of the Services at any time, with or without notice, for any reason. The Hand & The Eye will not be liable to User or any third party for any modification, suspension, or discontinuance of the Site or Services.TermsTerms
3.2 The Hand & The Eye Representations and Warranties. Subject to the disclaimers set forth in Section 7, The Hand & The Eye represents and warrants to you at all times during your use of the Services that:
(a) neither it nor any of its employees, agents, officers, directors will disclose, or share any of your Confidential Information during the term of confidentiality as defined above;
(b) it owns, or has the right to use under valid and enforceable agreements, all Intellectual Property Rights reasonably necessary for and related to the performance of the Services, including its delivery or other provision of any Software to you;
(c) that the Services will be provided in good faith and in a professional manner;
(d) no Illicit Code has been or will be introduced into any Software; and
(e) it will provide the Services in compliance with all Laws.
3.3 Support and Maintenance; Additional Services. The Hand & The Eye may, in its sole discretion, provide updates, improvements, modifications or enhancements to the Services during your use of the Services. The Hand & The Eye reserves the right to change or discontinue at any time any aspect or feature of the Services without prior notice or liability. Updates and feature requests that The Hand & The Eye does not determine to fall within the scope of ordinary maintenance of the Services may be completed as a custom project for you, at your cost, agreed upon by the Parties. The Hand & The Eye personnel will use commercially reasonable efforts to respond to Software or The Hand & The Eye Application issues reported by you to support@thehandandtheeye.com, but The Hand & The Eye does not guarantee any particular response time or resolution.
4.1 User Representations and Warranties. You hereby represent, warrant and covenant to The Hand & The Eye at all times that:
(a) neither you nor any of your employees, agents, officers, directors will disclose, share, or make commercial use of any of The Hand & The Eye’s Confidential Information during the term of confidentiality as defined above;
(b) neither you nor any of your employees, officers, or directors will use any Software made available hereunder for any illegal, unauthorized, or unethical purpose;
(c) neither you nor any of your employees, officers, or directors will reverse engineer, decompile, disassemble, or access the computer code of any Software made available hereunder nor will any of such persons create or attempt to create any derivative works of the Software; and
(d) neither you nor any of your employees, officers, or directors will permit any third party to use or access the Services without the express permission of The Hand & The Eye obtained in advance of such use or access;
(e) you are at least 18 years of age or older and of legal age to enter into a binding agreement;
(f) you will comply with all applicable laws, rules, and regulations in connection with your use of the Site and Services;
(g) you will provide accurate, current, and complete information as required for registration and will maintain and promptly update such information to keep it accurate, current, and complete; and
(h) you are responsible for maintaining the confidentiality of your account credentials and password and accept responsibility for all activities that occur under your account.
4.2 Trade Secrets and Nondisclosure. You acknowledge and agree that the Services provided hereunder will give you access to The Hand & The Eye’s valuable trade secrets and Confidential Information. You agree that you will not sell, transfer, publish, display, or disclose the Services or Software, or otherwise make the Services or Software available to any Person not expressly authorized to access such materials under these Terms. You further agree to take reasonable measures to prevent your employees and agents from allowing access to the Services or Software to any person or entity in violation of the foregoing. You agree to provide complete and accurate information about your use, access and security measures in response to any inquiry made by The Hand & The Eye for purposes of ensuring that use restrictions, trade secret, and nondisclosure and confidentiality covenants are being properly observed. You are expressly prohibited from selling, trading, or transferring your account (including any email address associated with your account). The Hand & The Eye has final discretion in granting accounts and reserves the right to reject users or disable any account at any time without explanation.
4.3 Limited Trademark License; Referral. You grant The Hand & The Eye a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual license to use your name, logo, trademarks, and likenesses in oral and written marketing materials to (i) provide the Services, (ii) describe and display The Hand & The Eye Application, (iii) publicly announce the relationship between you and The Hand & The Eye, and (iv) for any other promotional or marketing purpose Terms. You further agree to make yourself reasonably available as a reference from time to time to which The Hand & The Eye can refer potential users that may be interested in subscribing to The Hand & The Eye’s Services.
4.4 Disruption of Services; No Guarantee. You acknowledge and agree that from time to time the Services and The Hand & The Eye Application may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which The Hand & The Eye may undertake from time to time, service malfunctions and causes beyond the reasonable control of The Hand & The Eye or which are not reasonably foreseeable by The Hand & The Eye, including, without limitation, interruption or failure of telecommunication or digital transmission links, delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion, acts of God, natural disasters, war, terrorism, epidemics, pandemics, government actions, or other failures. THE HAND & THE EYE DOES NOT GUARANTEE ANY SPECIFIC LEVEL OF AVAILABILITY, UPTIME, OR PERFORMANCE OF THE SERVICES. Your sole remedy for any unavailability or disruption of Services shall be to discontinue use of the Services.
5.1 Ownership. As between The Hand & The Eye and you, your Confidential Information shall be owned by you, and The Hand & The Eye’s Confidential Information shall be owned by The Hand & The Eye. The Hand & The Eye owns all right, title, and interest in and to the Site, Services, and all Intellectual Property Rights arising out of all Software, layouts, specifications, data visualizations, screens, report designs, images, designs, videos, logos, trademarks, trade dress, all other visual and technical arrangements displayed on or in connection with any Application, Software or Services and all Work Product, together with all improvements or bug fixes thereto, whether improvements were conceived by The Hand & The Eye or conceived, suggested by, or commissioned by you or others. For the avoidance of doubt, no Services provided hereunder shall be deemed to be “work for hire” services and nothing herein shall be construed to vest any rights or ownership in you to any Application, Software or Services made available to you hereunder. You agree not to take any actions inconsistent with The Hand & The Eye’s ownership of the Site, Services, and related content. All data gathered for any data query shall be co-owned by the Parties.
5.2 Disclaimer of Items. All experiences, content, downloads, digital items, information, and materials (“Items”) are provided to you ‘AS IS’ and ‘AS AVAILABLE,’ without warranty of any kind either express or implied. Neither The Hand & The Eye nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Items or their operation will be accurate, reliable, complete, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Items on behalf of The Hand & The Eye. The Hand & The Eye reserves the right to change or discontinue at any time any aspect or feature of the Items without prior notice or liability. YOU ACKNOWLEDGE THAT YOUR USE OF AND RELIANCE ON THE ITEMS IS AT YOUR OWN RISK.
5.3 Mutual Representations and Warranties. Each Party hereby represents, warrants and covenants to the other at all times during the term of this Terms that the execution, delivery and performance of this Terms by such Party:
(a) has been duly authorized by all necessary corporate action or approval on the part of such Party;
(b) does not conflict with, or otherwise violate the articles of incorporation, articles of organization, bylaws, or operating agreement of such Party;
(c) does not violate the terms of, and shall not (with or without the giving of notice, the lapse of time, or both) result in a breach of, constitute a default under or otherwise give rise to a right of termination by any other party to any material agreement by which such Party is bound;
(d) does not violate any Laws of any Governmental Authority having jurisdiction over such Party; and
(e) constitutes the valid and legally binding obligation of such Party enforceable in accordance with its terms.
6.1 Fees. Fees and discounts, if any, for Services will be determined as set forth on a fee schedule within the Application or as otherwise posted on the Site. All fees are non-refundable unless otherwise expressly stated or required by applicable law. You agree to pay to The Hand & The Eye all Fees due under these Terms within thirty (30) days of receiving an invoice from The Hand & The Eye. All payments shall be paid in United States Dollars and may be made through credit card, check, electronic payment, or wire transfer, in each case to the order or credit of “The Hand & The Eye” and remitted to such address as The Hand & The Eye may designate. The Hand & The Eye reserves the right to change prices, fees, or billing methods at any time upon reasonable notice, and your continued use of the Services after such changes constitutes acceptance. By providing a payment method, you represent that you are authorized to use such payment method and authorize The Hand & The Eye (or its third-party payment processor) to charge your payment method for all fees incurred.
6.2 Overdue Accounts; Suspension. The Hand & The Eye may charge a late fee on delinquent payments at the lesser of (i) the maximum amount chargeable by law or (ii) one and one-half percent (1½%) per month on the unpaid balance due from you. Failure to timely pay invoices may cause immediate interruption or suspension of Services, at the sole discretion of The Hand & The Eye. Dispute of a portion of your invoice(s) does not suspend or limit your obligation to pay the undisputed portion. If you fail to make any payment within fifteen (15) days after the due date, The Hand & The Eye reserves the right to immediately terminate these Terms and to suspend the Services to you without liability, and in such event your payment and other obligations hereunder shall survive such termination. You will review invoices promptly and will identify any disputed items or seek any credit or adjustment which you claim, in writing, not later than sixty (60) days following the receipt of each invoice; failure to do so shall constitute acceptance of the invoice. You shall be responsible for all costs of collection, including reasonable attorneys’ fees, incurred by The Hand & The Eye in collecting overdue amounts.
6.3 Taxes. You are responsible for all applicable taxes, duties, and similar assessments associated with your use of the Services, excluding taxes based solely on The Hand & The Eye’s income Terms. You will pay all sales, use, value-added, or services Taxes due on the transactions hereunder or provide The Hand & The Eye customary proof that the transactions are exempt from such Taxes. The Hand & The Eye may collect and remit taxes where required by law.
6.4 Automatic Renewal. If applicable, subscriptions or memberships automatically renew for successive terms unless cancelled before the end of the then-current term. By subscribing, you authorize The Hand & The Eye to charge your payment method for each renewal period. You may cancel your subscription at any time through your account settings or by contacting us at support@thehandandtheeye.com.
7.1 Limited Warranty; Disclaimer of Warranties. Except for the limited warranties expressly set forth in these Terms, THE SITE AND SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, TIMELINESS OF DATA TRANSMISSION, ACCURACY OF DATA OR DATA SETS, OR UPTIME AVAILABILITY. THE HAND & THE EYE DOES NOT WARRANT THAT THE SOFTWARE OR THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE HAND & THE EYE SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OF ANY THIRD-PARTY DATA, AND YOU ACKNOWLEDGE THAT SUCH THIRD-PARTY DATA IS OUTSIDE OF THE HAND & THE EYE’S CONTROL. THE HAND & THE EYE DOES NOT WARRANT THAT THE SERVICES WILL ACCOMPLISH ANY SPECIFIC OBJECTIVE OF YOURS, WILL OPERATE ERROR FREE, OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE LIMITED, EXPRESS WARRANTIES OF THESE TERMS. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE LIMITED, EXPRESS WARRANTIES SET FORTH HEREIN FAIL THEIR ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OR OTHERWISE, YOU WILL NOT HOLD THE HAND & THE EYE LIABLE FOR ANY FAILURE OF THE SOFTWARE OR SERVICES. YOU AGREE THAT YOU WILL NOT HOLD THE HAND & THE EYE LIABLE FOR ANY THIRD-PARTY INFORMATION EVEN IF SUCH INFORMATION IS DISPLAYED ON, THROUGH, OR IN CONNECTION WITH THE SERVICES OR SOFTWARE. THE HAND & THE EYE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY, OR ANY OTHER CONTENT ON THE SITE. YOU AGREE THAT THE HAND & THE EYE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES CAUSED BY DATA PROVIDED BY THIRD PARTIES, VIRUSES OR OTHER HARMFUL CODE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, DELAYS RESULTING FROM HARDWARE AND SYSTEMS OWNED AND CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION YOUR OWN DATA TRANSMISSION SPEEDS), DATA ENTRY ERRORS, USER ERRORS, OR ANY OTHER LIMITATIONS, ERRORS, OR DELAYS, THAT ARISE DURING YOUR USE OF THE SERVICES THAT CANNOT BE PREVENTED OR MITIGATED BY THE HAND & THE EYE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
7.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HAND & THE EYE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANAGERS, MEMBERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOUANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, EVEN IF THE HAND & THE EYE HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY FOR BREACH BY THE HAND & THE EYE OF ANY LIMITED WARRANTY CONTAINED HEREIN SHALL BE TO DISCONTINUE USE OF THE SERVICES AND TERMINATE YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE HAND & THE EYE AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO THE HAND & THE EYE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE; OR (B) ONE HUNDRED DOLLARS ($100) (EXCEPT WITH RESPECT TO YOUR PAYMENT OBLIGATIONS UNDER SECTION 6 OF THESE TERMS WHICH SHALL NOT BE LIMITED BY THIS SECTION). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. IN JURISDICTIONS THAT DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIMITATIONS CONTAINED IN SECTIONS 7.1 AND 7.2 WILL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7.3 Mutual Indemnification. Each Party agrees to defend, indemnify and hold harmless the other party, its affiliates, employees, officers, agents, licensors and permitted successors and assigns from all damages, losses, liabilities, costs, and expenses including, without limitation, reasonable attorneys’ fees, incurred as a result of such Party’s (i) violation of its obligations under this Terms, (ii) grossly negligent or willful acts, or (iii) violation of any applicable law. Each Party’s obligation to indemnify under this provision shall survive termination of the term of this Terms.
7.4 User Indemnification. You agree to defend, indemnify and hold harmless The Hand & The Eye, its affiliates, employees, officers, agents, managers, members, licensors, service providers, and successors and assigns from all damages, losses, liabilities, costs, and expenses such persons may incur, including, without limitation, reasonable attorneys’ fees, arising from or as a result of (a) your, or your employees’, agents’, or a third party’s use (whether or not such use is approved) of the Site, Services or Software under your account; (b) any violation of Law by you, your employees, or your agents; (c) any content, data, or materials submitted by you through the Site or Services; (d) your violation of any third-party right, including any intellectual property, privacy, or publicity right; (e) any dispute between you and any third party; or (f) your breach of any provision of these Terms or the Membership Rules. The Hand & The Eye reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Hand & The Eye in asserting any available defenses.
7.5 Third-Party Content and Links. The Site may contain links to third-party websites, resources, or content provided by third parties. The Hand & The Eye does not endorse and has no control over such third-party content, websites, or resources, and is not responsible for their content, accuracy, availability, or practices. You acknowledge and agree that The Hand & The Eye is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, websites, or resources. Use of any third-party links is at your own risk.
7.6 Sole Remedy. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES OFFERED IN CONNECTION WITH THE SITE, DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE HAND & THE EYE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
8.1 Term. The term of this Terms will commence on the date User first accesses or uses the Site or Services and will continue until terminated by either Party in accordance with the provisions hereof. The Hand & The Eye may, in its sole discretion, suspend or terminate User’s access to all or part of the Site or Services at any time, with or without notice, for any reason or no reason, including without limitation if The Hand & The Eye believes User has violated any provision of these Terms.
8.2 Termination for Default. In the event that you materially default in the performance of any of your duties or obligations under these Terms and do not substantially cure such default within thirty (30) days after being given written notice specifying the default, The Hand & The Eye may, by giving written notice thereof to you, immediately terminate these Terms. The Hand & The Eye may terminate immediately without notice or cure period for any violation of Sections 4, 5.1, or 9.12 of these Terms. Termination by The Hand & The Eye for your payment or other breach does not relieve you from your obligations, including payment obligations, pursuant to these Terms. The Hand & The Eye shall not be liable to you or any third party for any termination of your access to the Site or Services.
8.3 Bankruptcy; Insolvency. If either Party becomes or is declared insolvent or bankrupt, admits in writing of its inability to pay its debts generally as they become due, is the subject of any proceedings relating to its liquidation or insolvency or for the appointment of a receiver for it, makes an assignment for the benefit of all or substantially all of its creditors, or enters into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, then the other Party may, by giving written notice thereof to such Party, terminate the term of this Terms as of a date specified in such notice of termination.
8.4 Effect of Termination. Upon termination of these Terms: (i) any rights or licenses granted to you under these Terms shall be immediately terminated without further notice or action by The Hand & The Eye; (ii) you must immediately cease all use of the Site and Services; (iii) each Party will return to the other Party within five (5) business days after receipt of the termination notice all Confidential Information of the other Party and all copies thereof or, at the option of the owner of the Confidential Information, will destroy the Confidential Information and provide to the other Party certificates evidencing the destruction; and (iv) any provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 2 (Definitions), 4.1-4.2 (User Representations and Trade Secrets), 5.1 (Ownership), 6 (Payments for amounts accrued prior to termination), 7 (Warranties, Disclaimers, Indemnification), and 9 (General Provisions).
8.5 Data Retention. Following termination, The Hand & The Eye has no obligation to maintain or provide any of your data and may delete your account and all associated data in its sole discretion. The Hand & The Eye may retain certain information as required by law or for legitimate business purposes.
9.1 Notice. Any notice required or permitted to be given hereunder shall be in writing and be delivered by overnight mail courier, email, U.S. Mail (certified; properly addressed; postage prepaid) or hand delivery, and will be deemed to have been delivered upon receipt, or on the second business day following the date the notice is sent if it is not accepted by the addressee. The Hand & The Eye may also provide notice by posting on the Site, and such notice shall be effective upon posting. The addresses for such communication shall be at the address first stated in this Terms or at such other address as may be given by either Party to the other in writing. Notices to The Hand & The Eye may also be sent by email to legal@thehandandtheeye.com.
9.2 Independent Contractors. Each Party is an independent contractor and the parties shall not have the authority to bind, represent or commit the other to any agreement or contract without the express written permission of the other, in advance. Nothing in this Terms shall be deemed or construed to create a joint venture, partnership or agency relationship between the Parties.
9.3 Entire Terms; Amendment. These Terms, including the Membership Rules located at https://guest.thehandandtheeye.com/terms incorporated herein by reference, constitute the entire agreement between The Hand & The Eye and you with respect to the subject matter hereof, and replace, amend and supersede any prior agreements or oral discussions or negotiations between The Hand & The Eye and you pertaining to the subject matter hereof. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by both Parties, except that The Hand & The Eye may modify these Terms at any time by posting the revised Terms on the Site, with such modifications becoming effective upon posting.
9.4 Governing Law; Venue. This Terms will be governed and construed under the laws of the State of Illinois without regard to conflict of laws rules. For any matters not subject to arbitration pursuant to Section 9.10, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois, and you waive any objection to the laying of venue in such courts.
9.5 Waiver/Severability. The waiver or failure of either Party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. No waiver of any provision of this Terms shall be effective unless in writing and signed by The Hand & The Eye. If any provision of this Terms is determined to be invalid or unenforceable under any applicable statute or rule of law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be deemed omitted, and the balance of the Terms shall remain enforceable.
9.6 Force Majeure. Except for the payments due by you to The Hand & The Eye and the Confidentiality and Intellectual Property provisions herein, if the performance of any part of these Terms by The Hand & The Eye is prevented, hindered, delayed or otherwise made impracticable by reason of any cause or event not within the reasonable control of The Hand & The Eye and without its fault or negligence, including without limitation acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, epidemics, pandemics, labor disputes, power failures, telecommunications failures, internet service provider failures, hostile network attacks, or any other event beyond The Hand & The Eye’s reasonable control, The Hand & The Eye shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.
9.7 Representation of Counsel; Mutual Negotiation. The language of this Terms will in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any Party. The Parties agree that this Terms has been prepared jointly and has been the subject of arm’s length and careful negotiation. Each Party has been given the opportunity to independently review this Terms with legal counsel and other consultants, and each Party has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions. Accordingly, notwithstanding the general rules of construction, each Party agrees that in the event of an ambiguity in or dispute regarding the interpretation of this Terms, the drafting of the language of this Terms will not be attributed to either Party.
9.8 Assignment and Transfer; Delegation. You may not assign, transfer, or delegate your rights, duties or obligations under these Terms to any person or entity, in whole or in part, without the prior written consent of The Hand & The Eye. Any attempted assignment or transfer in violation of this provision shall be null and void. The Hand & The Eye may assign or transfer these Terms or any rights or obligations hereunder, and may delegate any portion of its duties or obligations under these Terms, without restriction or notice. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
9.9 Counterparts. This Terms may be executed in counterparts, each of which shall constitute an original, and all of which shall constitute one and the same instrument.
9.10 Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim or controversy arising out of or relating to these Terms, the Site, or the Services, including disputes regarding the interpretation, breach, termination, validity, or enforceability hereof (collectively, “Disputes”), shall be resolved exclusively by final and binding arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect, before a single arbitrator in Chicago, Illinois. The arbitrator shall have the authority to award any relief that would be available in a court of law, and the decision of the arbitrator shall be final and binding. Judgment on the award may be entered in any court having jurisdiction. YOU AND THE HAND & THE EYE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND THE HAND & THE EYE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Each party shall be responsible for its own costs and expenses in connection with any arbitration, including attorneys’ fees. The filing fees and costs of the arbitrator shall be allocated in accordance with the JAMS rules. Either party may seek interim or injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations without waiving the right to arbitration. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@thehandandtheeye.com within thirty (30) days of first accepting these Terms.
9.11 Electronic Communications and Consent. By using the Site or Services, you consent to receiving electronic communications from The Hand & The Eye. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
9.12 User Conduct. You agree not to: (a) use the Site or Services for any unlawful purpose or in violation of these Terms or the Membership Rules; (b) interfere with or disrupt the Site, servers, or networks connected to the Site; (c) attempt to gain unauthorized access to any portion of the Site or any systems or networks connected thereto through hacking, password mining, or any other means; (d) use any automated means, including robots, spiders, scrapers, or similar tools, to access or collect data from the Site; (e) impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity; (f) engage in any conduct that restricts or inhibits any other user from using or enjoying the Site; (g) upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or otherwise objectionable; (h) upload or transmit any material that contains software viruses or any other harmful code designed to interrupt, destroy, or limit the functionality of any computer software or hardware; (i) harvest or collect email addresses or other contact information of users without their consent; (j) circumvent or attempt to circumvent any security measures on the Site; (k) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (l) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Software; (m) remove any copyright, trademark, or other proprietary notices from the Site or any content thereon; (n) frame or mirror any portion of the Site without express written consent; (o) use the Site to stalk, harass, bully, or harm another person; or (p) engage in or promote illegal activities. Violation of any of the foregoing may result in immediate termination of your access to the Site and Services without notice or liability.
9.13 Membership Rules. The Membership Rules located at https://guest.thehandandtheeye.com/terms are incorporated into these Terms by reference and govern your membership and participation in The Hand & The Eye’s membership programs. By accessing the member portal, you agree to comply with the Membership Rules in addition to these Terms. To the extent these Terms address matters not covered by the Membership Rules, these Terms shall apply. To the extent the Membership Rules address matters specific to membership, the Membership Rules shall control.
9.14 Changes to Terms. We reserve the right, in our sole discretion, to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Site with a new “Last Updated” date. Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for regularly reviewing these Terms. If you do not agree with the revised Terms, please do not access or use the Site or Services.
9.15 Contact. If you have any questions about these Terms, the practices of the Site, or your dealings with The Hand & The Eye, please contact us at: support@thehandandtheeye.com or legal@thehandandtheeye.com.