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By
accessing the World Wide Web site pages of Optics4birding, you agree to
the following terms:
The
contents of all pages on Optics4birding Web sites are Copyright © 2003.
Rights not expressly granted herein are reserved.
Optics4birding
reserves the right to change the terms, conditions, and notices under
which the Optics4birding affiliated Web sites are offered. You are
responsible for regularly reviewing these terms and conditions and
additional terms posted on particular Web sites. Your continued use of
the Web sites constitutes your agreement to all such terms, conditions,
and notices.
Optics4birding
Web sites are offered for your private and non-commercial use.
Reproduction, transfer, distribution or storage of the contents on Optics4birding-affiliated
Web sites, in whole or in part, without prior written consent of Optics4birding
is expressly prohibited.
The
Web sites of Optics4birding and subsidiaries and their contents are
provided as a convenience to you on an "as-is" and "as
available" basis. Optics4birding does not warrant that the
information on this Web site will be uninterrupted or error-free. We
reserve the right to add, revise or withdraw pages at any time.
Optics4birding
will not be held liable for any direct, indirect, incidental, special or
consequential damages, lost profits or business interruption arising
from the use of, or inability to use, this Web site, even if Optics4birding
has been advised of the possibility of such damages.
As
a condition of your use of Optics4birding's Web sites, you agree and
acknowledge that you will not use them for any purpose that is unlawful
or prohibited by these terms, conditions and notices. You may not use
these Web sites in any manner that could damage, disable, overburden, or
impair any of the Optics4birding affiliated Web sites, or interfere with
any other party's use and enjoyment of any such Web site. You may not
attempt to gain unauthorized access to any Optics4birding affiliated Web
site, other accounts, computer systems or networks connected to any of Optics4birding's
Web sites, through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available by Optics4birding.
Optics4birding
reserves the right, in its sole discretion, to terminate your access to
any or all of Optics4birding's Web sites or any portion thereof at any
time, without notice.
By
submitting information to Optics4birding via email or Web site pages,
you agree that the material will not contain content that is unlawful or
unfit for publication, and you will be responsible for first screening
and removing viruses or other contaminating or destructive content
before submission, and further, that you are the owner or have unlimited
rights to use the submitted material and Optics4birding may publish the
material free of charge and/or incorporate it or any concepts described
in it in our products without accountability or liability, and you agree
not to take action against us in relation to material that you submit
and you agree to indemnify us if any third party takes action against us
in relation to the material you submit.
Optics4birding
is under no obligation to monitor the information residing on or
transmitted to this Web site. However, Optics4birding may monitor the
Web site contents periodically to: (1) comply with any necessary laws,
regulations or other governmental requests; (2) operate the Web site
properly; (3) protect itself; or (4) for any other reason in its sole
and absolute discretion. Optics4birding in its sole discretion reserves
the right to modify, reject or eliminate any information residing on or
transmitted to its Web site.
Hyperlinks
You
are granted a limited, nonexclusive right to create a hyperlink to the
homepage of this Web site only, provided such link does not portray Optics4birding
or any of its products and services in a false, misleading, derogatory
or otherwise defamatory manner. This limited right may be revoked at any
time. You may not use, frame or utilize framing techniques to enclose
any Optics4birding trademark, logo or other proprietary information,
including the images found at this Web site, the content of any text or
the layout/design of any page or form contained on a page without Optics4birding's
express written consent. Except as noted above, you are not conveyed any
right or license by implication, estoppel, or otherwise in or under any
patent, trademark, copyright, or proprietary right of Optics4birding or
any third party.
The
Web sites of Optics4birding may include links to Web sites on the
Internet owned and operated by unaffiliated third parties, for your
convenience. By following said links to third-party Web sites, you agree
that Optics4birding has no control over, and does not assume any
responsibility for, the content of such Web sites. Optics4birding makes
no claim or representation regarding, and accepts no responsibility for,
the quality, content, nature or reliability of Web sites accessible by
hyperlink from this Web site, or Web sites linking to this Web site. Optics4birding
is providing these links to you only as a convenience, and the inclusion
of any link does not imply affiliation, endorsement, or adoption by Optics4birding
of the Web site or any product or service offered, or information
contained, therein. By following said links to third-party Web sites,
you agree that you are solely responsible for viewing and abiding by the
privacy statements and terms of use of such linked Web sites.
Submissions
to Web site Are Not In Confidence
Optics4birding
does not solicit or accept confidential or proprietary information from
you through this Web site. Should any user of this Web site provide Optics4birding
with information, including but not limited to feedback, data, answers,
questions, comments, suggestions, plans, ideas or the like, such
information shall be deemed to be unsolicited, nonproprietary and
nonconfidential and shall become the property of Optics4birding. Optics4birding
assumes no obligation to protect such information from disclosure. The
submission of such information to Optics4birding shall in no way prevent
the purchase, manufacture or use of similar products, services, plans
and ideas by Optics4birding for any purpose whatever and Optics4birding
shall have an unrestricted and irrevocable right to reproduce, use,
publish, broadcast, disclose, display, perform, modify, transmit and
distribute the information to others without restriction and without
compensation. Optics4birding cannot prevent the "harvesting"
of information from this Web site, and you may be contacted by Optics4birding
or unrelated third parties, by e-mail or otherwise, within or outside of
this Web site.
Optics4birding
will use reasonable efforts to include up-to-date and accurate
information in this Web site, but makes no representations, warranties,
or assurances as to the accuracy, currency or completeness of the
information provided. Optics4birding may change, add or delete data,
products and programs described in this Web site at any time without
notice. Optics4birding shall not be liable for any damages or injury
resulting from your access to, or inability to access, this Internet Web
site, or from your reliance on any information provided at this Internet
Web site. Clicking on certain links within the Optics4birding Web site
may take you into other Web sites for which Optics4birding takes no
responsibility and Optics4birding shall not be liable for any damages or
injury arising from that content or from the accessing of those Web
sites.
Some
of the information included on this Web site was taken in its entirety
from written materials previously distributed publicly by Optics4birding.
All information included on this Web site speaks as of the date it was
first published in print or as of the date it was published on this Web
site or as of the actual date that appears on such particular
information, whichever date is earliest. Republication on this Web site
of previously distributed or printed material means that it was not
updated from its date of original distribution or printing.
Disclaimer
of Endorsement
Reference
herein to any products, services, processes, links to third parties or
other information by trade name, trademark, manufacturer, supplier or
otherwise does not necessarily constitute or imply its endorsement,
approval, sponsorship or recommendation by Optics4birding or its
affiliates. Product and service information are the sole responsibility
of each individual vendor. Your linking from this Web site to any other
Web site is at your own risk.
United
States Governing Law
The
posting of this Web site on the World Wide Web by Optics4birding is a
passive activity. In itself access to this Web site by persons in any
jurisdiction does not imply that Optics4birding or any of its affiliates
intends to purposefully avail itself of the privilege of conducting
activities within such jurisdiction, nor does it imply that Optics4birding
invokes the benefits and protections of the laws of such jurisdiction.
This
Web site was developed in the United States of America in accordance
with, and shall be governed by, and your browsing in and use of the Web
site shall be deemed acceptance of, the laws of the State of California,
United States of America.
Notwithstanding
the foregoing, this Web site may be viewed internationally and may
contain references to products or services not available in all
countries. References to a particular product or service does not imply
that Optics4birding intends to make such products or services available
in such countries.
Jurisdiction
Those
who choose to access this Web site do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable.
Unsolicited
Submissions
Optics4birding
does not accept ideas or suggestions under any obligations of any kind,
either expressed or implied. If you send us any ideas or suggestions,
you agree that there is no confidential relationship or right to
compensation with respect to the information, and that Optics4birding
has no obligation to you of any kind in connection to the information.
You expressly disclaim and waive all rights to any such information or
ideas that you submit to Optics4birding, and agree that Optics4birding
will be free to use it in any way without any obligation to you.
Indemnification
You
agree to defend, indemnify and hold harmless Optics4birding, its
parents, subsidiaries, affiliates and their respective directors,
officers, employees and agents from and against any and all claims,
actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorneys
fees) arising out of or accruing from (a) any materials posted or
otherwise provided by you that infringe any copyright, trademark, trade
secret, trade dress, patent or other intellectual property right of any
person or defames any person or violates their rights of publicity or
privacy, (b) any misrepresentation made by you in connection with your
use of the Web site or reliance by you on any materials contained on the
Web site; (c) any non-compliance by you of the User Agreement; and (d)
claims brought by persons or entities other than the parties to this
Agreement arising from or related to your access and use of the Web
site, including the materials obtained through the Web site.
This
Notice may be changed in the future without further notice. This Notice
applies exclusively to your access to, and use of, this Web site and
does not alter in any way the terms or conditions of any other agreement
you may have with Optics4birding for products, services or otherwise.
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