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These Terms and Conditions of Use ("Terms") are entered into by and between you and Optazoom. In consideration of your use of and access to this Internet site (www.optazoom.com), and other websites, services and apps on which these Terms are posted or expressly referenced ("Optazoom Sites"), and the promises and obligations herein, and intending to be legally bound, you and Optazoom hereby agree as follows:
Your access to and use of the Optazoom Sites is subject to these Terms, which incorporate the separately posted Privacy Policy. BY USING THE Optazoom SITES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the Optazoom Sites.
1. Changes in Terms
Optazoom shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Optazoom Sites. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the Optazoom Sites.
2. Termination
These Terms are effective until terminated by Optazoom. Optazoom may terminate these Terms without notice and at any time in connection with any of the Optazoom Sites. In the event of termination, you are no longer authorized to access those Optazoom Sites. The restrictions imposed on you with respect to the Content (defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Optazoom shall also have the right without notice, for any reason and at any time to terminate some or all of the Optazoom Sites or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the Optazoom Sites or any feature or portion thereof.
3. Intended users
The Optazoom Sites are not intended for or directed at users under the age of 18.
4. Use of Site
While using Optazoom Sites, you agree that you will not:
• Upload, send, or otherwise transmit any content or information that is unlawful, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Optazoom’s or any third party's intellectual property or other rights;
• Use the services in connection with contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
• Create a false identity for the purpose of misleading others;
• Upload, send or otherwise transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
• Use Optazoom Sites for any unlawful purpose;
• Modify, adapt, frame, reverse engineer, decompile or disassemble any portion of the Optazoom Sites; or
• Use any spider, robot, crawler, or other automated or manual means to retrieve, index, “scrape”, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of Optazoom Sites or their contents.
5. Optazoom Site Content
The text, images, trademarks, trade names, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Optazoom on or through the Optazoom Sites, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. Optazoom may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Optazoom in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Optazoom or by third parties that have licensed their use to Optazoom. Except as otherwise agreed to in writing between you and Optazoom, you may view and use the Content only for your personal information and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, or as otherwise agreed to in writing between you and Optazoom, Optazoom does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Optazoom Sites, including without limitation by transferring, downloading, or otherwise copying any Content onto a hard drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Optazoom, is strictly prohibited.
6. “Contact Us” Features
The Optazoom Sites may contain “Contact Us” forms or other features that allow users to submit questions or other content to Optazoom (“User Inquiry”). Any User Inquiry you submit to us will be considered non-confidential and non-proprietary. By providing any User Inquiry through the Optazoom Sites, you expressly authorize Optazoom, and our affiliates and service providers, to contact you via the contact information you have provided, whether in regards to your specific User Inquiry or other commercial offerings.
7. Privacy For information on how Optazoom collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Optazoom Sites you consent to the collection, use and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Optazoom.
8. Warranties
Please review Optazoom’s Sales & Warranty Policy, for products ordered through the Optazoom Site. Optazoom’s Sales & Warranty Policy may be updated at any time by Optazoom and is applicable upon posting to any new products ordered on the Optazoom Site. Please review Optazoom’s Sales & Warranty Policy prior to making a purchase on the Optazoom Site.
9. Disclaimer and Limitation of Liability as to the Optazoom Site, Content, and Services
EXCEPT FOR THOSE WARRANTIES REFERENCED IN SECTION 8 ABOVE, Optazoom MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Optazoom SITES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. Optazoom ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE Optazoom SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Optazoom SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE Optazoom SITES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE Optazoom SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL Optazoom, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE Optazoom SITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Optazoom IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
You agree to defend, indemnify, and hold harmless Optazoom, Optazoom’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms, or your access to or use of the Optazoom Sites. You are solely responsible for interactions with our business partners and affiliated companies and other users of Optazoom Sites. To the extent permitted by applicable law, you hereby release Optazoom from any and all claims or liability related to any product or service provided through the Site and any conduct, action, or inaction by a business partner or affiliated company. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Optazoom Sites or any product or service provided to you arising out of or relating to your use of the Optazoom Sites.
11. Third-Party Content Disclaimer
Optazoom routinely contains links to external, third party websites. By providing links to other websites, Optazoom does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Optazoom. Optazoom does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to Optazoom Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
12. Entire Agreement
These Terms constitutes the entire agreement between the parties with respect to your access, use, and receipt of services from Optazoom Sites and supersede all prior agreements, negotiations and discussions between you and Optazoom relating to the same. There are no third-party beneficiaries of the agreement.
13. Miscellaneous
No waiver by Optazoom of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Access to or use of the Optazoom Sites shall not be construed as Optazoom’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of Massachusetts. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of law provisions. Additionally, any claims brought against Optazoom shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Optazoom Sites, or any services provided through Optazoom Sites, shall be in the state or federal courts located in the Commonwealth of Massachusetts.
These Terms and Conditions of Use ("Terms") are entered into by and between you and Optazoom. In consideration of your use of and access to this Internet site (www.optazoom.com), and other websites, services and apps on which these Terms are posted or expressly referenced ("Optazoom Sites"), and the promises and obligations herein, and intending to be legally bound, you and Optazoom hereby agree as follows:
Your access to and use of the Optazoom Sites is subject to these Terms, which incorporate the separately posted Privacy Policy. BY USING THE Optazoom SITES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the Optazoom Sites.
1. Changes in Terms
Optazoom shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Optazoom Sites. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the Optazoom Sites.
2. Termination
These Terms are effective until terminated by Optazoom. Optazoom may terminate these Terms without notice and at any time in connection with any of the Optazoom Sites. In the event of termination, you are no longer authorized to access those Optazoom Sites. The restrictions imposed on you with respect to the Content (defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Optazoom shall also have the right without notice, for any reason and at any time to terminate some or all of the Optazoom Sites or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the Optazoom Sites or any feature or portion thereof.
3. Intended users
The Optazoom Sites are not intended for or directed at users under the age of 18.
4. Use of Site
While using Optazoom Sites, you agree that you will not:
• Upload, send, or otherwise transmit any content or information that is unlawful, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Optazoom’s or any third party's intellectual property or other rights;
• Use the services in connection with contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
• Create a false identity for the purpose of misleading others;
• Upload, send or otherwise transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
• Use Optazoom Sites for any unlawful purpose;
• Modify, adapt, frame, reverse engineer, decompile or disassemble any portion of the Optazoom Sites; or• Use any spider, robot, crawler, or other automated or manual means to retrieve, index, “scrape”, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of Optazoom Sites or their contents.
5. Optazoom Site Content
The text, images, trademarks, trade names, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Optazoom on or through the Optazoom Sites, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. Optazoom may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Optazoom in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Optazoom or by third parties that have licensed their use to Optazoom. Except as otherwise agreed to in writing between you and Optazoom, you may view and use the Content only for your personal information and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, or as otherwise agreed to in writing between you and Optazoom, Optazoom does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Optazoom Sites, including without limitation by transferring, downloading, or otherwise copying any Content onto a hard drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Optazoom, is strictly prohibited.
6. “Contact Us” Features
The Optazoom Sites may contain “Contact Us” forms or other features that allow users to submit questions or other content to Optazoom (“User Inquiry”). Any User Inquiry you submit to us will be considered non-confidential and non-proprietary. By providing any User Inquiry through the Optazoom Sites, you expressly authorize Optazoom, and our affiliates and service providers, to contact you via the contact information you have provided, whether in regards to your specific User Inquiry or other commercial offerings.
7. Privacy
For information on how Optazoom collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Optazoom Sites you consent to the collection, use and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Optazoom.
8. Warranties
Please review Optazoom’s Sales & Warranty Policy, for products ordered through the Optazoom Site. Optazoom’s Sales & Warranty Policy may be updated at any time by Optazoom and is applicable upon posting to any new products ordered on the Optazoom Site. Please review Optazoom’s Sales & Warranty Policy prior to making a purchase on the Optazoom Site.
9. Disclaimer and Limitation of Liability as to the Optazoom Site, Content, and Services
EXCEPT FOR THOSE WARRANTIES REFERENCED IN SECTION 8 ABOVE, Optazoom MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Optazoom SITES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. Optazoom ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE Optazoom SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Optazoom SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE Optazoom SITES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE Optazoom SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL Optazoom, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE Optazoom SITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Optazoom IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
You agree to defend, indemnify, and hold harmless Optazoom, Optazoom’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms, or your access to or use of the Optazoom Sites. You are solely responsible for interactions with our business partners and affiliated companies and other users of Optazoom Sites. To the extent permitted by applicable law, you hereby release Optazoom from any and all claims or liability related to any product or service provided through the Site and any conduct, action, or inaction by a business partner or affiliated company. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Optazoom Sites or any product or service provided to you arising out of or relating to your use of the Optazoom Sites.
11. Third-Party Content Disclaimer
Optazoom routinely contains links to external, third party websites. By providing links to other websites, Optazoom does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Optazoom. Optazoom does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to Optazoom Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
12. Entire Agreement
These Terms constitutes the entire agreement between the parties with respect to your access, use, and receipt of services from Optazoom Sites and supersede all prior agreements, negotiations and discussions between you and Optazoom relating to the same. There are no third-party beneficiaries of the agreement.
p13. miscellaneous
No waiver by Optazoom of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Access to or use of the Optazoom Sites shall not be construed as Optazoom’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of Massachusetts. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of law provisions. Additionally, any claims brought against Optazoom shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Optazoom Sites, or any services provided through Optazoom Sites, shall be in the state or federal courts located in the Commonwealth of Massachusetts.
