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Legal Notice
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| OpTier, Inc. web site terms and conditions |
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Welcome to the OpTier, Inc. ("OpTier") web site (the "web site"). By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this web site.
General use provisions
All materials provided on this web site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("materials"), are provided either by OpTier, its subsidiary or by their respective third party manufacturers, authors, developers and vendors ("third party providers") and are the copyrighted work of OpTier and/or its third party providers.
The materials may be changed or updated without notice. OpTier may also make improvements and/or changes in the products and/or the programs described in this web site at any time without notice. OpTier assumes no responsibility regarding the accuracy of the information that is provided by OpTier and use of such information is at the recipient's own risk.
Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of OpTier or the applicable third party provider.
Except where expressly provided otherwise by OpTier, nothing on this web site shall be construed to confer any license under any of OpTier's or any third party provider's intellectual property rights, whether by implication, or otherwise. OpTier does not provide, sell, license, or lease any of the materials other than those specifically identified as being provided by OpTier.
OpTier hereby grants you permission to display, copy, distribute and download OpTier's materials on this web site provided that: (1) both the copyright notice identified below and this permission notice appear in the materials; (2) the use of such materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed materials.
Any unauthorized use of any materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Links to third party sites
This web site may contain links to web sites controlled by parties other than OpTier. OpTier is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. OpTier is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OpTier of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
Third party materials
OpTier has not co-authored, certified, endorsed, authenticated or adopted the information contained in any materials or statistics provided by third party providers referenced on this web site by publishing them on this web site.
Submissions
OpTier does not want to receive confidential or proprietary information from you through our web site. Please note that any information or material sent to OpTier will be deemed not to be confidential. By sending OpTier any information or material, you grant OpTier an unrestricted, irrevocable and transferable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that OpTier is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
Disclaimer
The materials on this web site are provided "as is", and OpTier hereby disclaims all express and implied representations, warranties and conditions, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. OpTier makes no representations, warranties or conditions as to the quality, suitability, truth, accuracy, or completeness of any of the materials contained on the web site.
Limitation of liability
OpTier shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials. In no event shall OpTier be liable for any direct, indirect, punitive, special, incidental, or consequential damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this web site, even if OpTier has been previously advised of the possibility of such damages. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the web site and you will not make a claim against OpTier for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials. You agree to hold OpTier harmless from, and you covenant not to sue OpTier for, any claims based on or related to the use of the web site.
General
Any action related to these terms will be governed by New York law and controlling US federal law. No choice of law rules of any jurisdiction will apply. These terms represent the entire understanding relating to the use of the web site and prevail over any prior or contemporaneous, conflicting or additional, communications. OpTier has the right to revise these terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by OpTier.
Intellectual property notices
Elements of this web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the web site may be copied or retransmitted unless expressly permitted by OpTier.
OpTier, CoreFirst and the tagline "Putting first things first" are proprietary trademarks of OpTier, Ltd. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Copyright 2004 OpTier, Ltd. All rights reserved. Subject to change without notice.
Legal contact information
If you have any questions about these terms, or if you would like to request permission to use any materials, please contact OpTier via email at info@optier.com.
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