|
PLEASE READ THESE
TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE. IF YOU DO NOT
AGREE TO THE PROVISIONS SET FORTH, PLEASE DO NOT USE THIS WEB SITE.
Acceptance of Terms
By using this Web Site, you signify your acceptance of the provisions of
Lambda Research Optics, Inc.'s (“Lambda”) Terms and Conditions of Use,
which follow. If you do not agree to the terms of this Agreement, please
do not use the Site and exit the Site immediately. Lambda reserves the
absolute right to modify the terms of this Agreement. As well as the
right to change or discontinue any aspect or feature of this Web Site or
products and services offered by Lambda. Your continued use of the Site
following the posting of changes to these Terms and Conditions, the Web
Site or products and services will mean that you accept the provisions
and changes as made.
Privacy
By using this Web Site, you acknowledge having read and hereby agree to
all terms and conditions of Lambda’s Privacy Policy, which is hereby
incorporated herein as though set forth in full.
Use
The materials on this Web Site are provided for informational purposes
only. The materials on this Web Site are Copyright © 2002 LAMBDA
RESEARCH OPTICS, INC. You are authorized to view, copy, print and
distribute these materials subject to the terms and conditions set forth
herein. The materials may not be used for any unlawful purpose or in
violation of this Agreement.
Disclaimer of Warranties
Lambda, its employees, agents, partners or affiliate companies make no
representation as to the suitability of the information contained on
this Web site for any purpose. No warranty is made that this Web Site
and its operation will be error free, uninterrupted, reliable, or
accurate.
Reliance on any material presented on this Web Site is at your own risk.
Lambda shall not be liable for the content of this Web Site, any
information contained there in, any delay, failure, interruption, or
corruption of any data transmitted in connection with the use of this
site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED
TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE
SITE. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. LAMBDA MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS
OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT
RESULTS TO BE OBTAINED FROM USING THE SITE OR LAMBDA’S PRODUCTS OR
SERVICES.
Limitation of Liability
In no event shall Lambda be liable to any person or business entity for
any special, direct, indirect, punitive, incidental or consequential
damages arising out of or in connection with the use of this Web Site or
any other web site to which this site is linked, including, without
limitation, any lost profits, business interruption, or loss of programs
or information even if Lambda has been specifically advised of the
possibility of such damages whether based on contract, tort, strict
liability or otherwise. Lambda shall be liable to you only for gross
negligence or willful misconduct and only to the extent of actual
damages incurred by you, not to exceed U.S. one hundred dollars
($100.00).
Non Confidentiality
Except as set forth in our Privacy Policy, all suggestions, ideas,
notes, computer programs, data, drawings, concepts or other information
of any kind sent to us shall be deemed and shall remain the sole and
absolute property of Lambda and such suggestions, ideas, notes, computer
programs, data, drawings, concepts or other information shall not be
subject to any obligation of confidence and Lambda shall not be liable
for any use or disclosure.
Termination
Lambda may modify or discontinue this Site, with or without notice.
Termination of use of this Site shall not affect any right or relief to
which Lambda is entitled, at law or in equity. Lambda may immediately
terminate your use of this Site if Lambda reasonably believes that there
has been a violation or acted inconsistently with the letter or spirit
of these Terms and Conditions, or violated the rights of Lambda or any
third party, or for any reason with or without further notice. Lambda
will not be liable to you or any third party resulting from such
modification or discontinuation. The provisions entitled “Disclaimer of
Warranties,” “Limitation of Liability,” “Choice of Law,” and “General
Provisions” shall survive the termination of this Agreement.
Terms of Sale
All sales of products are expressly conditioned on your acceptance of
Lambda’s Standard Terms and Conditions of Sale, a copy of which is
available on Lambda’s website or by calling Lambda and which terms and
conditions are incorporated herein as though set forth in full.
Attorney's Fees
If Lambda institutes action to enforce any of the provisions of these
Terms and Conditions, Lambda shall be entitled to recover in addition to
all sums to which it is entitled or any other relief, at law or in
equity, reasonable and necessary attorneys' fees and any costs of any
litigation.
Choice of Law
These Terms and Conditions shall be governed by the laws of the state of
California. To the extent allowed by applicable law, any claims or
causes of action arising from or relating from the use of this Site as
contemplated by
these Terms and Conditions must be instituted within one year from the
date upon which such claim or cause arose or accrued. Any such claim or
cause of action may only be brought in the state or federal courts
located in Orange County, California.
General Provisions
If any provision of these Terms and Conditions 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 these Terms
and Conditions, which shall remain in full force and effect. No waiver
of these Terms and Conditions shall be deemed a further or continuing
waiver of such term or condition or any other term or condition. Unless
otherwise specified herein, these Terms and Conditions constitute the
entire agreement with respect to the Site and the subject matter of
these Terms and Conditions and supersede all prior or contemporaneous
communications and proposals whether oral, written or electronic with
respect to the Site and the subject matter of these Terms and
Conditions.
|