Optech Inc

This website is owned and operated by Optech Incorporated (“Optech”). Access and use of this website is provided by Optech to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.

Optech may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.

Ownership

All rights, title, and interest in and to the Optech website and to the content and other information and materials available on the Optech website (collectively referred to as the "materials") are the property of Optech and our suppliers and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained by Optech and our suppliers.

General Disclaimer and Limitation of Liability

To the best of our knowledge, the information provided on the Optech website is accurate. Optech does not warrant that the information or materials are current or free of any typographical errors or omissions related to pricing, text, or photography; or that the materials on the Optech website are free of viruses or other harmful elements. The Optech website and the materials provided on this site are provided on an “As Is” basis without warranties of any kind, either express or implied. You expressly agree that use of the Optech website is at your sole risk. Optech maintains the right to change the materials or products mentioned at any time without prior notice. Mention of non-Optech products or services is for information purposes only. We do not endorse any non-Optech-owned products or services that are mentioned on our site and we are not responsible for them in any way.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

UNDER NO CIRCUMSTANCES SHALL OPTECH OR ITS SUPPLIERS BE LIABLE FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY OPTECH PRODUCT OR SERVICE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF OPTECH OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN EVERY EVENT, OPTECH’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ALL OR ANY PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Limited License to Use this Site

Optech grants you a limited license to use this website. The materials on the Optech website are copyrighted. You may print out or download the materials found on the Optech website for your personal, non-commercial internal use only. Unless specifically authorized to do so by Optech, you may not: (a) modify the materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as authorized by Optech; (b) copy, reproduce, distribute, download or record the materials for any commercial use; (c) remove any copyright or other proprietary notices from the materials; (d) transfer the materials to another person; (e) copy, publish or post any of the materials on a computer network or any type of media. You expressly agree to prevent any unauthorized copying of the materials.

Password-Protected Access

There are parts of the Optech website that may be accessed by password only. Access to and use of any password-protected areas are restricted only to users who have been authorized as such by Optech. This use is subject to any terms and conditions posted on the secure, password-protected areas of the Optech website. Your password is for your own use and is not to be given to any other person or entity to use. You are responsible for maintaining the confidentiality of your password and you agree to notify Optech immediately if the confidentiality of your password is compromised or breached. Any misuse of the password will result in immediate removal of the password holder's rights to access the Optech website. along with possible criminal prosecution.

Links

The Optech website may contain links to other websites, such as to those of our partners and service providers. When you access a non-Optech website, even one that may contain the Optech logo and content regarding Optech's products and services, such websites are independent of Optech, and Optech has no control over the operation of such websites. A link to a non-Optech website does not mean that Optech endorses such website.

Optech is not responsible for hypertext links to any and all third-party websites, particularly for such websites’ content or privacy polices.

Optech is not responsible for hypertext links from any and all third-party websites to the Optech website, and forbids anyone from establishing such a link without Optech's prior written authorization.

By placing a link on your website to an Optech web page, you agree to promptly remove such link at Optech's request. You may not use the Optech corporate logo or any other Optech logo, graphic or trademark at any time for any purposes or to link to Optech, unless authorized by Optech. For information on Optech-authorized linking and logo use programs, contact websmith@optech.ca.

Third-Party Content

The Optech website may include [discussion forums, blogs and interactive areas]. By using the forums, blogs or interactive areas, you agree to the following:

You will not upload to, distribute or otherwise publish through this site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
You will not upload or transmit any Content that would constitute or encourage a criminal offense, or violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national, or international law;
You will not upload or transmit any Content that may infringe on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
You will not, without Optech's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam;
You will not disguise the origin of any communication transmitted on, to or through our site;
You will not v iolate any applicable local, provincial, national, or international law.

Optech will not be responsible for and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of forums, blogs and interactive services, if any, [Optech is only a forum, blog or interactive service and is not liable for any statements, representations, or Content provided by its users].

Monitoring, Editing and Disclosure of Communications

Optech has the right, but not the obligation, to monitor any activity and content associated with its forums, blogs and interactive areas. Optech may investigate any suspected or reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Optech maintains the right to remove, screen or edit any Content.

Optech maintains the right at all times to edit, disclose, refuse to post, request removal of, or remove any communication as may be necessary to comply with any law, regulation or government or agency request or if, in Optech’s sole discretion, such communication is objectionable or in violation of these Terms of Use.

To protect Optech's systems and customers, to ensure the integrity and operation of Optech's business and systems, and to cooperate with legitimate governmental requests, subpoenas or court orders, if required, Optech may access and disclose any information it considers necessary or appropriate, including, without limitation, posted Content, user profile information (e.g., name, e-mail address), IP address and traffic information, and usage history.

Responsibility for Your Conduct: You agree to indemnify and hold harmless Optech from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any other person or entity arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of another person or entity. You agree that you shall be solely liable for the Content of any messages or other information that you upload or transmit to this site, including the discussion forums, blogs or interactive areas of the site.

Optech’s Rights to Materials Provided by Users

Optech is pleased to receive your comments regarding our website. However, any or all material and information provided by you to us through our website may be included in a database owned by Optech and its subsidiaries and affiliates in which we have rights and interest, including, but not limited to, a compilation copyright. We maintain the right to use any information or materials you provide to us or that we obtain through your use of the sites to the fullest extent permitted by law.

You grant to Optech a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any communications that you post on our sites, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You waive all rights you may have to inspect and/or approve of any use by Optech of any material or idea submitted by you in any communications, or receive any compensation for such use. You waive all rights to any claim against Optech for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. You agree and understand that Optech is under no obligation to use any material or ideas submitted by you in any communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from our site are not confidential and that your communications may be read or intercepted by others. Optech shall not be responsible for the payment of any amounts to any party in connection with Optech’s use of communications submitted by you to our sites Do not submit information to our site that is confidential or proprietary. Optech will not be responsible for personal information that you choose to submit in our forums, blogs or other interactive areas. [Please be aware that any personally identifiable information that you submit could be used to send you unsolicited messages.]

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

Optech shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. Optech recommends that you install appropriate anti-virus or other protective software.

Termination of the License to Use this Site

Violation of these terms and conditions automatically results in the termination of your license to use the Optech website and to use any materials that you have obtained from the Optech website. Upon termination of your license, any materials that you have obtained from the Optech website must be immediately destroyed.

Applicable law

This website is controlled, operated and administered by Optech from within the Province of Ontario, Canada. This website can be accessed from all provinces and territories of Canada , as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing this website, you acknowledge and agree that all matters relating to access to or use of this website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that a ny claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily.

Questions or Concerns

If you have any questions or concerns about these Terms of Use or this website, please contact us at websmith@optech.ca.

Acknowledgement

You acknowledge that you have read and understood these Terms of Use; and that these Terms of Use are as equally binding as a signed agreement.

Effective Date: May 2, 2006