Legal Information | CyOptics Inc.

TERMS OF USE

Site Policy

Welcome to CyOptics.com. CyOptics, Inc. (“CyOptics”) created this web site for use by its customers and the public. CyOptics provides its services to you subject to the following conditions. If you visit and use CyOptics.com, you accept these Terms of Use. Please read them carefully.

Electronic Communications

When you visit or send e-mails to CyOptics.com, you are communicating with us electronically. You consent to receive communications from us electronically if you contact us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy

Although CyOptics will use all reasonable measures to protect your personal information, transmissions made by means of the Internet cannot be made absolutely secure. CyOptics will not be liable for disclosures of your personal information due to errors in transmission or unauthorized use by any person. CyOptics can not assure users that information transmitted to or from CyOptics.com is secure. Information sent to CyOptics.com will NOT be considered confidential or proprietary.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CyOptics and/or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of CyOptics and protected by U.S. and international copyright laws. All software used on this site is the property CyOptics or its software suppliers and protected by United States and international copyright laws. CyOptics is a registered trademark of CyOptics, Inc. All other trademarks and servicemarks, such as product and service names, are owned by CyOptics or by third parties.

License and Site Access

CyOptics grants you a limited license to access and make personal and lawful use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of CyOptics. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of CyOptics. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CyOptics and our affiliates without the express prior written consent of CyOptics. You may not use any meta tags or any other “hidden text” utilizing CyOptics’ name or trademarks without the express prior written consent of CyOptics. Any unauthorized use terminates the permission or license granted by CyOptics. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CyOptics.com so long as the link does not portray CyOptics, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CyOptics logo or other proprietary graphic or trademark as part of the link without the express prior written permission of CyOptics. By using this site, you agree not to violate or attempt to violate the security of the site, including, without limitation, (a) accessing data not intended for users or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network including, without limitation, by means of submitting a virus to the site, overloading, flooding, spamming, mail bombing or crashing; (d) sending unsolicited email, including promotions and advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or news group posting. You understand and agree that any violations of system or network security may result in civil and/or even criminal liability. CyOptics will investigate all potential security violations and involve and cooperate with law enforcement authorities in prosecuting any unlawful action using or in any way referring to the site.

Product Descriptions

CyOptics and its affiliates attempt to provide information which is as accurate as possible. However, CyOptics does not warrant that product descriptions or technical specifications or other content of this site is accurate, complete, reliable, current, or error-free. In the event that there is any conflict between the product descriptions or technical specifications of this site, and product descriptions or technical specifications provided in any purchase order, contract or statement of work signed by an authorized officer on behalf of CyOptics, the purchase order, contract and/or statement of work shall control.

Pricing

With respect to items sold by CyOptics we cannot confirm the price of an item until you order. No price shall be binding upon CyOptics unless contained in a written agreement signed by an authorized officer on behalf of CyOptics.

Disclaimer of Warranty

CYOPTICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, CYOPTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER VIOLATION OF RIGHTS.

Limitation of Liability

CYOPTICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES even if CyOptics has been advised in advance of the possibility of such damages, and you hereby waive any and all rights to the fullest extent permitted by applicable law.

Applicable Law

By visiting CyOptics.com, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CyOptics or its affiliates.

Disputes

Any dispute relating in any way to your visit to CyOptics.com or to products you purchase shall be submitted to the exclusive jurisdiction of the Court of Common Pleas of Lehigh County, Pennsylvania, provided, however, that CyOptics may seek equitable relief in any court of competent jurisdiction to protect its rights. By using this site, you hereby submit to the exclusive jurisdiction of said courts. Furthermore, you hereby agree that the venue of said courts are proper in all respects and covenant not to assert any defense or objection to the venue of said courts.

Hyperlinks

The site may contain links to other internet sites that are not maintained by or under the control of CyOptics, its sponsors or affiliates. CyOptics provides these links only as a convenience and shall not be responsible for the content of those sites. You access all such other sites at your own risk and the appearance of a link does not imply CyOptics’ endorsement of any such other websites.

Indemnity

You agree to protect, defend, indemnify and hold harmless CyOptics and its owners, shareholders, officers, directors, employees, representatives, contractors, agents, successors and assigns of, from and against any and all claims, demands, judgments, actions, suits, damages, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or in any way related to your use of the site and any violation of these Terms of Use by you.

CyOptics may use a feature on your internet browser called a cookie, which is a small file that your web browser places on your computer hard drive. CyOptics may use cookies for remembering user names and passwords and preference, tracking click streams and for load balancing.

Discontinuance

CyOptics may modify, suspend, discontinue or restrict the use of any portion of the site including the availability of any portion of the content at any time without notice or liability. Furthermore, CyOptics may deny access to any person or user at any time for any reason. No waiver of any term or provision in these Terms of Use shall be deemed a further continuing waiver of these Terms of Use and CyOptics may strictly enforce these Terms of Use at any time in its sole and exclusive discretion.

Changes

The information is subject to change. Occasionally, we may change this policy. In such case, we will post any change on this page so that users of this site may be aware of such change. CyOptics does not warrant the information is complete or accurate.

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