General Photonics Website - Terms of Use and Legal Restrictions |
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ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE
USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE
READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE
NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE
SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS,
OR PHOTOGRAPHS) THAT GENERAL PHOTONICS AND ITS SUBSIDIARIES
(COLLECTIVELY "GPC") MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY,
“MATERIALS”) AND ANY SERVICES THAT GPC MAY PROVIDE THROUGH THE SITE
(COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE
REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “GPC WEBSITES.”
Use of GPC Websites
Except as set forth in other agreements, GPC authorizes you to use the
GPC Websites only for your own personal, non-commercial purposes. Use of
the GPC Websites for any public or commercial purpose (including,
without limitation, on another site or through a networked computer
environment) is strictly prohibited. If you make copies of any of the
Materials, you must retain on any such copies all copyright and other
proprietary notices contained in the original Materials. You may not
modify, publicly display, publicly perform, or distribute the Materials.
The GPC Websites is protected under United States and international
copyright laws. Any unauthorized use of the GPC Websites may violate
copyright, trademark, and other laws.
Access
You are responsible for obtaining and maintaining all equipment and
services needed for access to and use of the GPC Websites and for paying
all charges related thereto. When you register to open an account
anywhere on the GPC Websites, or when you contact GPC through the GPC
Websites for the purpose of receiving products or services, GPC may
collect certain personal information about you. GPC’s use of such
information is governed by the provisions of the GPC Online Privacy
Statement for the Site. You agree to provide true, accurate, current,
and complete information (and, for as long as you continue to use your
GPC Websites account, to update such information to keep it true,
accurate, current, and complete). You are responsible for maintaining
the confidentiality of your GPC Websites password and you are solely
responsible for all activities that occur under your password.
Prohibited uses
You agree not to use the GPC Websites (including, without limitation,
any Materials or Services you may obtain through your use of the GPC
Websites): (a) in a manner that violates any local, state, national,
foreign, or international statute, regulation, rule, order, treaty, or
other law (each a “Law”); (b) to stalk, harass, or harm another
individual; (c) to impersonate any person or entity or otherwise
misrepresent your affiliation with a person or entity; or (d) to
interfere with or disrupt the GPC Websites or servers or networks
connected to the GPC Websites. You further agree not to (x) use any data
mining, robots, or similar data gathering or extraction methods in
connection with the GPC Websites; or (y) attempt to gain unauthorized
access to any portion of the GPC Websites or any other accounts,
computer systems, or networks connected to the GPC Websites, whether
through hacking, password mining, or any other means.
Termination
Except as set forth in other agreements, GPC may terminate, suspend, or
modify your registration with, or access to, all or part of the GPC
Websites, without notice, at any time and for any reason. You may
discontinue your participation in and access to the GPC Websites at any
time. If you breach any of these Terms, your authorization to use the
GPC Websites automatically terminates and you must immediately destroy
any downloaded or printed Materials (and any copies thereof).
Disclaimers
THE GPC WEBSITES IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GPC WEBSITES IS
WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT
GPC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. GPC
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, WITH RESPECT TO THE GPC WEBSITES (INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, GPC MAKES NO WARRANTY THAT THE GPC WEBSITES WILL MEET YOUR
REQUIREMENTS OR THAT THE GPC WEBSITES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE OR THAT DEFECTS IN THE GPC WEBSITES WILL BE
CORRECTED. GPC MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE GPC WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE GPC WEBSITES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE GPC
WEBSITES OR FROM GPC, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED
COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY,
“THE GPC PARTIES”) SHALL CREATE ANY WARRANTY. GPC DISCLAIMS ALL
EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE GPC PARTIES BE LIABLE FOR (A) ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B)
ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES
(US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS
INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN
CONNECTION WITH THE GPC WEBSITES (INCLUDING, WITHOUT LIMITATION, USE,
INABILITY TO USE, OR THE RESULTS OF USE OF THE GPC WEBSITES), WHETHER
SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY
OTHER LEGAL THEORY AND EVEN IF ANY GPC PARTY HAS BEEN ADVISED (OR SHOULD
HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Other agreements: hardware, software or services
GPC may provide products (standard or custom) services (such as repair
or modifications) or access to GPC Websites under the terms of a
separate agreement between you and GPC (each, an “Other Agreement”).
GPC’s obligations with respect to any product, service, or access that
it makes available to you under any Other Agreement shall be governed
solely by the Other Agreement under which such product or service is
provided and these Terms shall not be deemed or construed to alter the
terms of such Other Agreements.
For example, the use of any software that is made available to download
from the GPC Websites ("Software") is governed by the terms of the end
user license agreement, if any, which accompanies or is included with
the Software ("License Agreement"). You may not install any Software
that is accompanied by or includes a License Agreement unless you first
have agreed to the License Agreement terms. If no end user license
agreement accompanies or is included with the Software, then such
Software shall be deemed to be Materials hereunder and these Terms shall
govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION
OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to GPC Websites
GPC reserves the right to modify, suspend, or discontinue the GPC
Websites at any time without notice to you. For example, GPC may make
changes to the Materials and/or Services, or to the products and prices
described in them, at any time without notice. The Materials and
Services may be out of date and GPC makes no commitment to update the
Materials and Services whatsoever. Information published on a Site may
refer to products, programs, or services that are not available in your
country. Consult your local GPC business contact for information
regarding the products, programs, and services that may be available to
you.
Links to third-party websites
Links on the GPC Websites to third-party websites are provided solely as
a convenience to you. If you use these links, you will leave the GPC
Websites. GPC is not obligated to review such third-party websites, does
not control such third-party websites, and is not responsible for any
such third-party websites (or the products, services, or content
available through the same). Thus, GPC does not endorse or make any
representations about such third-party websites, any information,
software, products, services, or materials found there or any results
that may be obtained from using them. If you decide to access any of the
third-party websites linked to from the GPC Network, you do this
entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in
accordance with the following terms and in compliance with all
applicable laws.
Absent GPC’s written authorization otherwise, a website that links to
this Site:
(a) may link to, but shall not replicate, any Materials (including any
GPC logo);
(b) shall not create a browser or border environment around any
Materials;
(c) shall not imply that GPC endorses such website or any products,
services, or content available through such website;
(d) shall not misrepresent its relationship with GPC;
(e) shall not present false or misleading information about GPC, its
products, or its services;
(f) shall not contain content that could be construed as distasteful,
offensive, or controversial; and
(g) shall contain only content that is appropriate for all age groups.
Trademarks
GPC and any other product or service name or slogan or logo contained in
the GPC Websites are trademarks of GPC and its suppliers or licensors
and may not be copied, imitated, or used, in whole or in part, without
the prior written permission of GPC or the applicable trademark holder.
Ownership of all such trademarks and the goodwill associated therewith
remains with GPC or the applicable trademark holder. You may not use any
metatags or any other "hidden text" utilizing any name, trademark, or
product or service name of GPC without GPC’s prior written permission.
In addition, the look and feel of the Site (including all page headers,
custom graphics, button icons, and scripts) is the service mark,
trademark, and/or trade dress of GPC and may not be copied, imitated, or
used (in whole or in part) without GPC’s prior written permission.
Reference to any products, services, processes, or other information, by
trade name, trademark, or otherwise does not constitute or imply
endorsement, sponsorship, or recommendation thereof by GPC.
International and export issues
GPC administers this Site from its offices in Chino, California. GPC
makes no representation that the GPC Websites is appropriate or
available for use outside the United States and access to the GPC
Websites from territories where its contents are illegal or restricted
is prohibited. If you choose to access the GPC Websites from outside the
United States, you do on your own initiative and are responsible for
compliance with applicable Laws. You agree to comply with all export and
re-export restrictions and regulations of the Department of Commerce and
any other United States or foreign agencies and authorities in
connection with your use of the GPC Websites and to not, in violation of
any Laws, transfer, or authorize the transfer, of any Materials to a
prohibited country or otherwise in violation of any Laws. In particular,
but without limitation, the Materials may not, in violation of any Laws,
be exported or re-exported (a) into any U.S. embargoed countries or (b)
to anyone on the U.S. Treasury Department list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders. By
using any Materials subject to any such restrictions and regulations,
you represent and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
Indemnification
You agree to indemnify, defend, and hold harmless the GPC Parties from
and against any and all claims, liabilities, damages, losses, costs,
expenses, or fees (including reasonable attorneys’ fees) that such
parties may incur as a result of or arising from your (or anyone using
your account’s) violation of these Terms. GPC reserves the right to
assume the exclusive defense and control of any matter otherwise subject
to indemnification by you and, in such case, you agree to cooperate with
GPC’s defense of such claim.
Electronic communications
When you visit the Site or send e-mails to GPC, you are communicating
with GPC electronically. We may respond to you by e-mail or by posting
notices on the Site. You agree that all such notices, disclosures, and
other communications that GPC provides to you electronically satisfy any
legal requirement that such communications be in writing.
General
These Terms, together with any additional terms to which you agree when
using particular elements of the GPC Websites, constitute the entire and
exclusive and final statement of the agreement between you and GPC with
respect to the subject matter hereof, superseding any prior agreements
or negotiations between you and GPC with respect to such subject matter.
The GPC Parties are third party beneficiaries with respect to the
provisions in these Terms that reference them. These Terms and the
relationship between you and GPC shall be governed by the laws of the
State of California as applied to agreements made, entered into, and
performed entirely in California by California residents,
notwithstanding your actual place of residence. All lawsuits arising
from or relating to these Terms or your use of the GPC Websites shall be
brought in the Federal or State courts located in Los Angeles County,
California, and you hereby irrevocably submit to the exclusive personal
jurisdiction of such courts for such purpose. The failure of GPC to
exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. If any provision of
these Terms is found by a court of competent jurisdiction to be invalid,
you nevertheless agree that the court should endeavor to give effect to
the intentions of GPC and you as reflected in the provision, and that
the other provisions of these Terms remain in full force and effect. The
section titles in these Terms are for convenience only and have no legal
or contractual effect. These Terms shall remain in full force and effect
notwithstanding any termination of your use of the GPC Websites. These
Terms will be interpreted without application of any strict construction
in favor of or against you or GPC. These Terms, and any rights and
licenses granted hereunder, may not be transferred or assigned by you,
but may be assigned by GPC without restriction.
Modifications to these Terms
GPC may, in its sole and absolute discretion, change these Terms from
time to time. GPC will post notice of such changes on the applicable
Site. If you object to any such changes, your sole recourse shall be to
cease using the GPC Websites. Continued use of the GPC Websites
following notice of any such changes shall indicate your acknowledgement
of such changes and agreement to be bound by the terms and conditions of
such changes. Certain provisions of these Terms may be superseded by
expressly-designated legal notices or terms located on particular pages
of the GPC Websites and, in such circumstances, the expressly-designated
legal notice or term shall be deemed to be incorporated into these Terms
and to supersede the provision(s) of these Terms that are designated as
being superseded.
Revised October 2008 |
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