Terms of Use
Your use of omnilightled.com (the "Website") constitutes your acceptance of and agreement with these Terms and Conditions of Use, which may be changed by Company from time to time by posting updated versions of the Terms and Conditions of Use on this Website which will be effective immediately upon posting. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes constitutes your consent to such changes.
This Website is made available by OmniLight, Inc. All content and information provided on or through the Website(s) may be used solely under the following terms and conditions.
Use of this Website and any Information or Materials
The Website contains information, content, text, photographs, designs, graphics, images, recordings, advertisements, animation and other materials and effects, collectively, the "Materials") that are protected by copyrights, trademarks, service marks, trade dress and/or other intellectual or proprietary rights owned by Company and/or third parties which have authorized its use by Company. All trademarks and copyrighted information contained on the Website are the property of their respective owners. You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
This Website and the Materials on this Website are provided for your individual, non-commercial use. Any other use of the Website or the Materials is strictly prohibited, including without limitation, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination, without the express written permission by a senior officer of Company or the applicable rights holder. The Materials on the Website may not be used by you or other third parties, directly or indirectly, for purposes of marketing, solicitation, telemarketing, e-mailing or direct marketing. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or any of the Material. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal or immoral purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, discriminatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of Company or any third party using the Website or Materials.
License
By virtue of your use of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Materials for non-commercial purposes solely in accordance with these Terms of Use. Company may terminate this license at any time for any reason and/or bar you from future access. By using the Website, uploading content to or submitting any materials for use on the Website, you grant Company a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed.
Automated Activity
The Website uses robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary to Company or is licensed to Company by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
Linking
The Company generally welcomes links to the Website from other reputable websites. However you may provide links to this Website only if (a) you do not remove or obscure, by framing or otherwise, any portion of the webpage and (b) you discontinue providing links to this Website if requested by Company. If you wish to provide links to a section within the Website, you should forward your request to Company at wmas@omnilightled.com and Company will notify you if permission is granted, and, if so, the terms and conditions of the permission.
Warranty, Liability, Indemnification
Company makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Company shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND THE MATERIALS ARE PROVIDED BY COMPANY ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR ANY MATERIALS.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some jurisdictions do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such jurisdictions liability is limited to the fullest extent permitted by law.
Company reserves the right to revise any or all of the Materials on the Website and or to modify any features, specifications, or materials without notice.
Content Posting Policy
BioScanLight.com acts as a Community website, or a voluntary association of individuals and groups who are developing a free to access resource of LED therapy improvement and general knowledge. The structure of the Internet allows anyone with an Internet connection and World Wide Web browser to enter content. In using BioScanLight.com you acknowledge and understand that the information provided is being provided free of charge, and that no kind of agreement or contract is created between you and the owners, or other users of this site.
You agree not to do any of the following while using BioScanLight.com: Post or transmit any content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship; Post or transmit any content that infringes a third party's intellectual property rights, rights of publicity or privacy; Post or transmit any content that is unlawful, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software, programs or links) or otherwise objectionable; Post false or misleading information about a product or service; Access, tamper with or use non-public areas of the Site. BioScanLight.com allows visitors to post or submit ratings, reviews, comments, suggestions, ideas, questions, answers, diagrams, photographs, other information and communications. This content cannot be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or links to sites spreading the same.
BioScanLight.com is not to be used for posting political campaigns, commercial solicitations, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
You agree that if you post or submit material, suggestions, ideas, comments, questions or post any other information on this site, you grant BioScanLight.com and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any form, media or technology. This paragraph can only be altered if in advance of posting it has been agreed to in writing signed by a Senior Officer of OmniLight, Inc.
BioScanLight.com contains content that we create as well as content provided by third parties. This content includes instructional information, product descriptions, specifications, pricing, availability, performance, product reviews and information about products and services that may be offered by Independent Sales Representatives of BioScanLight.com. In those instances BioScanLight.com acts as a distributor (and not a publisher) of unedited content supplied by third parties and users of this Site. BioScanLight.com has limited editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including users, are those of the respective author(s) or distributor(s) and not of BioScanLight.com. BioScanLight.com neither endorses nor is responsible for the accuracy or reliability of any unedited opinion, advice, information, or statement made by anyone other than authorized BioScanLight.com employees acting in their official capacities or third parties over whom BioScanLight.com exercises editorial control.
BioScanLight.com may, from time to time monitor and review any information transmitted or received and reserves the right (but not the obligation) to censor, edit, remove or prohibit the transmission or receipt of any information that BioScanLight.com deems inappropriate or in violation of these or future terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. Although BioScanLight.com attempts to keep all objectionable messages off the site, it is impossible to review all messages.
BioScanLight.com does not guarantee the accuracy, the integrity, or the quality of the content and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in any sections of the website including but not limited to the forums, user tips and opinions, ratings, links or feedback sections of our sites. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. Feel free to notify BioScanLight.com if you find any such content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Miscellaneous
Company reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action Company deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Company's Website. These Terms of Use incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. You agree that the Terms of Use will be governed and construed in accordance with the laws of the State of New Mexico without giving effect to conflict of laws principles, and agree that any action you or your successors or assigns may bring against the Company related to this Website may only be brought in the Superior Court, Bernalillo County, New Mexico and you further agree to submit to personal jurisdiction in such courts should the Company initiate action against you related to your use or abuse of this Website, and to pay any and all damages related to your violation of these Terms of Use and to also pay such fees and expenses Company incurs (including reasonable attorney fees and court costs) if and to the extent Company successfully prevails against you for your violation of any of the Terms of Use.
Disclaimer
Company makes every effort to ensure the information presented in, on or through its Website is accurate, however, because Company communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, Company has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
This policy has been updated as of November 6, 2007
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