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Terms
& Conditions
General
This Optomem website (the “Website”) is made available by Optomem
Sensors Inc. as a service to its customers, distributors and
others granted access hereunder.
The Website offers a range of information and services which
may include product information, logistics, technical information,
customer support and general information
(the “Services”). The Services are subject to change or removal
by Optomem without notice.
Acceptance
of Terms and Conditions
By visiting or using this Website (collectively, “Use” of the
Website), including without limitation to access, use, and/or
download messages, information, data, text, software or images,
or other content from this Website, or to send messages, information,
data, text, software or images, or other content to the Website,
you agree on your own behalf, and on behalf of any entity on
whose behalf you may act, to accept and abide by the Terms and
Conditions for each Use of and each visit to this Website. If
you do not agree to abide by these Terms and Conditions, you
should not Use this Website.
Use of the Website is offered to you, by Optomem conditioned
on your acceptance, without modification, of the terms, conditions
and notices contained herein (the “Terms and Conditions”).
Optomem has the right, in its sole discretion, to add to, remove,
modify or otherwise change any part of the Terms and Conditions,
in whole or in part, at any time.
Changes will be effective when notice of such change is posted
at this Website. Please check the Terms and Conditions frequently
for updates by checking the date of “Last Update” at the top
of this document. If any term, condition or any change thereto
is not acceptable to you, you must discontinue your Use of this
Website immediately. You’re continued Use of this Website after
any such changes are posted will constitute acceptance of those
changes. These Terms and Conditions apply exclusively to your
Use of this Website and do not alter the terms or conditions
of any other agreement you may have with Optomem.
Registration
Certain restricted areas of the Website may require that you
register in order to access such areas. You are responsible
for maintaining the confidentiality of your registration information
and for all uses of your registration information, whether or
not authorized by you. You agree to immediately notify Optomem
of any unauthorized use of your registration information or
of any other breach of security of which you are aware. In either
event, your use of the Website is governed by these Terms and
Conditions. In consideration of permission to use the Website,
you agree to: (a) provide true, accurate, current and complete
registration information to your Optomem sales representative;
and (b) maintain and promptly update the registration information
to ensure that it is true, accurate, current and complete.
The registration information and any generic information gathered
by Optomem through your use of the Website may be used by Optomem
for its own marketing, promotional and product development purposes
and more specifically, may be stored in a database and used
by Optomem to identify, customize and personalize customer access,
and assess utilization of the Website. Such information may
be shared among Optomem, its affiliates, subsidiaries, suppliers
and licensors in furtherance of the foregoing purposes. Such
information may also be used to contact you. You acknowledge
that the collection and use of such information, including personal
information, is for reasonable and appropriate purposes, and
is with your knowledge and consent.
Password
At Optomem’s discretion, customer ID's and passwords may be
allotted by Optomem to you subject to your acceptance of the
terms, conditions and notices contained herein, as specified
in Section 2 above, and successful registration in accordance
with Section 3 above.
The access that is granted to you under these Terms and Conditions
to use the Website is personal to you, and non-transferable,
and permits only your business user access to the Website, subject
to Section 4 herein. Any other third party access is strictly
prohibited. You agree to keep confidential the password that
you use to access the Website. In the case of registration by
you in your personal capacity, you agree not to disclose your
password to any other individual or entity, commercial or otherwise.
In the case of registration by you as a duly authorized representative
of a commercial entity, you agree not to disclose your password
to any other entity, commercial or otherwise, and not to disclose
your password to any individual, unless such individual is also
a duly authorized representative of such commercial entity with
a need to know such information and is made to comply with the
Terms and Conditions.
You agree that you are fully responsible for maintaining the
confidentiality of your password and that you will be responsible
for any breach of this obligation, including
any damages which flow from, or are connected to, such breach,
without limitation.
You agree that you are fully responsible for all activities
that occur under your password. You also agree to contact us
immediately if you have any reason to believe that your password
has been compromised. You further agree to ensure that you exit
from your account at the end of each session. Optomem reserves
the right to change passwords at any time to protect the security
of the Website.
General
Disclaimer
The information provided by the Website is not intended as advice
on architecture, engineering, construction technique or building
materials. Such information is for informational purposes only
and is not intended to be a substitute for professional advice,
assessment and evaluation. It is your responsibility to evaluate
all your relevant factors. You bear all risks associated with
the use of any information, including any reliance on the availability,
accuracy, completeness, usefulness or appropriateness of such
information. This includes the following: (a) unsolicited information
of a general or technical nature, including, product information
or details, materials specifications and instructions; (b) information
generated in response to requests by you or other users of the
Website, including customized product lists, reports, and FAQs;
(c) content that is submitted on the Website by you or other
users of the Website; and (d) third party content that is made
available on, or otherwise accessible through, the Website by
Optomem, including news and advertising.
You should consult a qualified professional before making any
decision or taking any action that might affect your personal,
business or financial well-being.
Disclaimer
of Warranties
You expressly understand and agree that:
a. Your use of the Website is at your sole risk. The Services
are provided on an “as is” and “as available” basis. Optomem,
its affiliates, subsidiaries, suppliers and licensors, expressly
disclaim any and all warranties and conditions of any kind,
whether express or implied, including, without limitation, the
implied warranties or conditions of merchantability, fitness
for a particular purpose and non-infringement;
b. Optomem, its affiliates, subsidiaries, suppliers and licensors,
make no warranty that (i) the Services will be useful or meet
your requirements or expectations, (ii) the Services will be
available, uninterrupted, timely, secure, error-free or free
of computer viruses or other harmful components, or (iii) the
results that may be obtained from the use of the Services will
be complete, accurate or reliable;
c. Any information or other content downloaded or otherwise
obtained through the use of the Website is done at your own
discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that
results from the download of any such information or other content;
d. No advice or information, whether oral or written, obtained
by you from Optomem or through or from the Website, shall create
any warranty not expressly stated in the agreement; and
e. Any products ordered or obtained by you through the Website
will be governed solely by the General Terms and Conditions.
Limitation
of Liability
You expressly understand and agree that in no event shall Optomem
, its affiliates, subsidiaries, suppliers or licensors, be liable
for any damages whatsoever, including direct, indirect, incidental,
special, consequential or exemplary damages (including, without
limitation, damages for loss of profits, goodwill, use of information,
business interruption or other intangible losses, loss of or
damage to property and claims of third parties (even if Optomem
has been advised of the possibility of such damages), whether
based on breach of contract, breach of warranty, tort (including
negligence) or otherwise, arising out of or in connection with:
(i) the use or the inability to use the Website or any Services;
(ii) the cost of procurement of substitute products and Services;
(iii) unauthorized access to or alteration of your information
on the Website; (iv) statements or conduct of any third party
on the Website; or (v) any other matter relating to the Website.
Indemnity
You agree to indemnify and hold Optomem, its affiliates, subsidiaries,
suppliers and licensors and their respective directors, officers,
employees, representatives, agents and consultants, harmless
from any demand, claim, action, suit or proceeding, including
reasonable legal fees, brought by any third party due to, or
arising out of, content that you submit to the Website, your
use of the Website or Services, or your breach of these Terms
and Conditions.
Third
Party Links
This site may contain links to third party websites. The inclusion
of any linked website does not imply approval, endorsement or
recommendation of the material on such websites or any association
with Optomem. Your use of any hypertext link is entirely at
your own risk. Optomem does not make, and expressly disclaims,
any warranty or condition, express or implied, statutory or
otherwise, as to third party websites that you link to through
the Website, including but not limited to, any warranties or
conditions of merchantability, fitness for a particular purpose
or non-infringement, or any warranty that the Services will
be available, uninterrupted or error free.
Termination
You agree that Optomem, in its sole discretion, may suspend
or terminate any and all current or future use of the Website
(or any portion thereof) by you for any reason, including, without
limitation, if Optomem believes that you have violated or acted
inconsistently with the letter or spirit of the Terms and Conditions.
Optomem reserves the right to vary, suspend or terminate the
Services provided on the Website at any time at Optomem 's sole
discretion and either with or without prior notice to you. You
agree that Optomem shall not be liable to you or to any third
party for any suspension or termination of the Services.
Intellectual
Property Rights
All images, graphical user interfaces, charts, graphs, text,
streaming videos and other content in this Website, the selection
and arrangement thereof, and all software are, to the extent
permitted by law, copyrighted and otherwise proprietary and
are owned by Optomem or its licensors. You acknowledge and agree
that the Website, the Services and any necessary software used
in connection with the Website and/or Services contain proprietary
and confidential information that is protected by applicable
intellectual property laws and that your use of the Website
and the Services and results there from is personal to you for
the purposes reasonably contemplated by these Terms and Conditions
and such use is non-assignable. Any other copying, reproduction,
modification, publishing, transmission, distribution or other
use of this content, without the prior written consent of Optomem
, is strictly prohibited.
Optomem 's logos, product names, service names, and icons (the
“Optomem Marks”) are trademarks of Optomem and its subsidiaries.
You agree not to display or use in any manner the Optomem Marks
without Optomem 's prior consent. The names and trademarks of
companies or products referenced in the Website may be trademarks
of their respective owners. The display of trademarks or trade
names on this Website does not convey or create any license
or other rights in these marks or names. Any unauthorized use
of the Optomem Marks is strictly prohibited.
Contacting
the Website
Any communications required to be made with Optomem in regards
to the Website, including in respect of any use or disclosure
of the information made available by you, and may be forwarded
to:
Optomem Sensors Inc,
2 St. Clair Ave West, Suite 2100
Toronto , ON M4V 1L5
Canada M5R 2S1
Telephone: 416.960.9900
Governing
Law
Optomem Sensors Inc is a company operating from Toronto, Ontario,
Canada. The terms, conditions and notices of these Terms and
Conditions, and any matter applicable to your direct or indirect
use of the Website, shall be governed by the laws of the Province
of Ontario and the Federal laws applicable in the Province of
Ontario. You agree that any dispute may be settled in the Courts
of the Province of Ontario, though the foregoing shall not limit
the ability of Optomem from seeking injunctions and remedies
in other jurisdictions which are required to stop continuing
breaches of the Terms and Conditions by you.
Entire
Agreement, Severability and Waiver
This Agreement constitutes the entire agreement between you
and Optomem and governs your use of the Website. If any provision
of the Agreement is found to be invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of the Agreement, which
shall remain in full force and effect. No waiver of any of the
terms or conditions of the Agreement shall be deemed a further
or continuing waiver of such term or condition or any other
terms or conditions. |
