OPTVUE operates this Web site (the "Site") to provide online access to information about OPTVUE, and the products and services we provide (the "Service").
OPTVUE reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by this Agreement as modified. The last date this Agreement was revised is set forth below.
2. INTELLECTUAL PROPERTY
The Service, the Site, and all information and/or content that you see, hear or otherwise experience on or download from the Site, including without limitation all design drawings and product specifications, (collectively, the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to OPTVUE or its affiliates, licensors, contributors or third parties. The design drawings and product specifications are the exclusive property of OPTVUE.
You may use the Site, the Service and the Content solely for your personal or internal, non-commercial use. You may download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own personal or internal, non-commercial use; (2) except as provided in this Agreement, do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media or modify or create derivative works of any Content; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. You may copy, without alteration, Content available within the Media Room portion of the Site, and post such Content on your personal web site or blog; provided attribution to OPTVUE is given in connection with the Content you display. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. OPTVUE reserves complete title and full intellectual property rights in all Content.
"Screen scraping" or "database scraping" to obtain lists of users or other information is prohibited. You may not mirror or frame any page of this Site on any other Web site or Web page. You may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
3. MEDIA ROOM
You may copy Content available within the Media Room portion of the Site, and post such Content on your personal web site or blog in accordance with the terms of this paragraph. You may alter the Content to the least degree necessary to accommodate your post; provided the spirit and context of the Content are preserved. You must give attribution to OPTVUE in connection with the Content you display. You agree that any such copying or posting may be subject to OPTVUE’s review. You agree to remove from your web site or blog any Content that OPTVUE may, in its sole discretion, request.
4. DISCLAIMER OF WARRANTIES
OPTVUE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. OPTVUE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT. OPTVUE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. OPTVUE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE, AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WITHOUT LIMITING THE PRECEDING PARAGRAPH, OPTVUE MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO ANY SOFTWARE AVAILABLE OR ACCESSIBLE VIA THE SITE. OPTVUE PROVIDES SUCH AVAILABILITY OR ACCESSIBILITY SOLELY AS A CONVENIENCE TO SITE USERS AND ANY SOFTWARE IS PROVIDED, "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
5. ADDITIONAL DISCLAIMERS
a. Third-Party Links. Hypertext links to third-party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by OPTVUE of the third party, the third-party Web site, or the information contained therein unless expressly stated on the Site. OPTVUE is not responsible for the availability of any such Web sites. OPTVUE does not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon.
b. Downloading Files. OPTVUE cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with the user.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL OPTVUE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, THE CONTENT, OR ANY SOFTWARE, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE, THE CONTENT, AND/OR ANY SOFTWARE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, THE CONTENT, OR ANY SOFTWARE, EVEN IF OPTVUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, THE SOFTWARE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OPTVUE'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED FIFTY DOLLARS ($50.00).
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless OPTVUE, its parent company, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, the Content, any third party software or any violation by you of this Agreement.
8. USER CONDUCT
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
9. UNSOLICITED IDEAS AND OTHER USER SUPPLIED INFORMATION
OPTVUE does not accept the unsolicited product, feature, or other ideas or information on a confidential basis. If you send us or post to this web site any information, including an unsolicited idea or invention, it will be treated as non-proprietary and non-confidential. We will have no obligation with regard to such information or invention and will be free to copy, disclose, distribute, incorporate, modify, and otherwise use any such information for any and all purposes, commercial or non-commercial. If you would like to submit an idea or invention for consideration on a non-confidential basis, please contact the OPTVUE Legal Department for instructions.
If you supply or post any information or material via the Site, you guarantee to us that you have the legal right to supply post such material and that it will not violate any law or the rights of any person or entity. By supplying or posting material via the Site, you give OPTVUE the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
10. PRIVACY STATEMENT
11. GENERAL PROVISIONS
a. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by OPTVUE of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. OPTVUE, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. OPTVUE does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. Every part of this Agreement shall be construed as valid and enforceable. If any part of this Agreement, so construed, is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, OPTVUE's Privacy Statement, your use of the Site, any other OPTVUE, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the state of California, without regard to any conflict of laws provisions. Any Dispute will be venued exclusively in a state or federal court situated in San Diego, California, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
d. Claims of Copyright Infringement. You agree to immediately notify OPTVUE of any claimed copyright infringement. You further agree to provide OPTVUE's copyright agent with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512. OPTVUE's Copyright Agent for notice of claims of copyright infringement on or relating to the Site can be reached either by:
sending an e-mail request to OPTVUE, firstname.lastname@example.org
sending a letter via the U.S. Mails to:
Attn: Copyright Agent
1155 Camino Del Mar
Del Mar, CA 92014
Tel: (760) 760-0110