Welcome to toweropticalco.com (the “Site”). These Terms of Service (the “Terms”) govern your access to and use of the Site and any related services, content, features, and SMS messaging programs offered by Clockwork Partners LLC d/b/a The Tower Optical Company (“Tower Optical,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. About Tower Optical
Tower Optical is the operator of coin-operated and tap-to-pay binocular viewers installed at observation decks, parks, piers, scenic overlooks, and other public attractions across the United States and Canada. The Site provides information about our company, our viewer locations, our history, and ways to contact us regarding partnerships, media inquiries, and customer support.
2. Eligibility
You must be at least 13 years of age to use the Site. If you are under 18, you may only use the Site with the involvement and consent of a parent or legal guardian. By using the Site, you represent that you meet these requirements.
3. Acceptable Use
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use of the Site. You agree not to:
4. Intellectual Property
The Site and all of its content — including text, graphics, logos, images, photographs, audio and video clips, the “Tower Optical” name and trademarks, the distinctive binocular viewer design, and the overall look and feel — are owned by Tower Optical or our licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. You may view, download, and print content from the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or commercially exploit any content from the Site without our prior written consent.
5. User Submissions
If you submit any communication to us through the Site — including inquiries, feedback, suggestions, photographs, or other materials — you grant Tower Optical a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display such submissions in connection with our business. You represent that you own or have the necessary rights to any materials you submit and that your submission does not infringe the rights of any third party. We are not obligated to treat any submission as confidential.
6. Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by Tower Optical. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You access third-party sites at your own risk.
7. Payments at Tower Optical Viewers
Payments made at our coin-operated or tap-to-pay viewers are processed at the viewer itself and are subject to separate terms displayed at the point of sale. These Terms do not govern payment transactions at our viewers. Refunds, if any, are handled in accordance with the policies posted at the applicable location or otherwise communicated to you at the time of payment.
8. SMS Messaging Program
The following terms apply specifically to Tower Optical’s SMS messaging program (the “Program”) and are incorporated into these Terms by reference.
9. Privacy
Your use of the Site is also governed by our Privacy Policy, available at https://toweropticalco.com/privacy-policy/, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of information as described in the Privacy Policy.
10. Disclaimer of Warranties
THE SITE AND ALL CONTENT, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOWER OPTICAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE ACCURATE OR COMPLETE.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOWER OPTICAL, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PARTICIPATION IN THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THE PROGRAM WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00).
12. Indemnification
You agree to indemnify, defend, and hold harmless Tower Optical and its members, managers, officers, employees, affiliates, agents, contractors, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of the Site or the Program, or your violation of any law or the rights of any third party.
13. Changes to These Terms
We may revise these Terms from time to time by posting an updated version on the Site. Material changes will be communicated by posting a notice on the Site or, for the SMS Program, by SMS to enrolled users. Your continued use of the Site after the effective date of any change constitutes your acceptance of the revised Terms.
14. Termination
We may suspend or terminate your access to the Site or the Program at any time, with or without cause and with or without notice. The provisions of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will so survive.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Connecticut, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to the Site, the Program, or these Terms will be brought exclusively in the state or federal courts located in Fairfield County, Connecticut, and you consent to the personal jurisdiction of those courts. Nothing in this section limits any rights you may have under applicable consumer protection laws that cannot be waived by agreement.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tower Optical regarding the Site and the Program and supersede any prior agreements or understandings on the subject.
18. Contact
The Tower Optical Company
PO Box 251, Norwalk, CT
06856-0251
Email: support@toweropticalco.com
Phone: 888-270-9056
Website: https://toweropticalco.com
