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Thank
you for visiting OptiStreams . The
OptiStreams website has been made
available to you subject to your compliance
with the terms and conditions set
forth below (the "Conditions
of Use"). Please read this document
carefully before accessing or using
the OptiStreams website. By accessing
or using this website, you are agreeing
to be bound by the Conditions of Use.
If you do not wish to be bound by
the Conditions of Use, you may not
access or use the website.
Modification
of these Conditions of Use
OptiStreams
reserves the right to change the terms,
conditions, and notices at any time,
and such modifications shall be effective
immediately upon posting of such changes.
You are therefore responsible for
regularly reviewing these Conditions
of Use and additional terms or notices
posted on the OptiStreams website.
Your continued access of this website
shall be deemed your conclusive acceptance
of the modified agreement.
Privacy
Please review our Privacy Policy, which also governs
your visit to OptiStreams , to understand our practices
regarding the use and disclosure of your personal information.
Electronic
Communications
When you visit OptiStreams or send e-mails to us, you
are communicating with us electronically, and thereby
you are consenting to receive communications from us
electronically or by other means available. We will
communicate with you electronically, by telephone or
by facsimile. It is further understood that all agreements,
notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement
that such communication be in writing.
Copyright
and Licenses
The entire contents of this website, including but not
limited to: Text, graphics, logos, button icons, Flash
movies, images, audio clips, digital downloads, data
compilations, and software, are the property of OptiStreams
, its content suppliers or it's clients and are protected
by Domestic and International copyright and trademark
laws. You may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute any portion of
the website contents without the prior express written
consent of OptiStreams .
You may print or download portions
of the materials from various areas of this website
solely for your own non-commercial use provided that
you agree not to change or delete any copyright or proprietary
notices from the materials. If you believe any content
appearing on our website constitutes a copyright infringement
of another parties rights, please contact us immediately
at legal@OptiStreams.com to notify us of this infringement.
Your submissions of files including,
but not limited to: Resumes, e-mail, flash movies, images,
logos, audio loops, and other software hereby constitutes
your agreement to grant OptiStreams a non-exclusive,
royalty-free, worldwide, sub-licensable, perpetual license,
to reproduce, distribute, transmit, modify, adapt, sub-license,
and publicly display any such submissions. You also
grant OptiStreams the right to utilize your name in
connection with all advertising, marketing and promotional
materials related thereto.
License
and Website Access
OptiStreams grants you limited license to access and
make personal use of this website and not to download
(other than for page caching purposes) or modify it,
or any portion of it, except with the express written
consent of OptiStreams . This website or any portion
of this website may not be reproduced, duplicated, adapted,
copied, sold, resold, transmitted or otherwise exploited
for any commercial purpose without the express written
consent of OptiStreams . You may not frame, or use any
framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text,
flash movie, page layout, or form) of OptiStreams without
the express written consent of OptiStreams . You may
not use META tags or any other "hidden text"
which utilize OptiStreams.com, OptiStreams.com, OptiStreams
or any other derivative of our domain or company name
without the express written consent of OptiStreams .
You are hereby granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of OptiStreams
so long as the link does not portray any false, misleading,
derogatory, or otherwise offensive matter.
It is further understood and agreed
that OptiStreams cannot and does not guarantee or warrant
that files made available for downloading through the
OptiStreams website will be free of infection or viruses,
worms, Trojan horses or other code that manifests contaminating
or destructive properties. It is your responsibility
for implementing sufficient safeguards and procedures
to ensure that any files obtained through OptiStreams
are free from such contaminations.
Disclaimer
of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY
OptiStreams ON AN "AS IS" AND "AS AVAILABLE"
BASIS. OptiStreams MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO
THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT
YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, OptiStreams DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. OptiStreams DOES NOT WARRANT THAT THIS WEBSITE,
ITS SERVERS, OR E-MAIL SENT FROM OptiStreams ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. OptiStreams
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
OptiStreams USES REASONABLE EFFORTS
TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS
WEBSITE. OptiStreams ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN
THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT
IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT
INFORMATION, OptiStreams SHALL HAVE THE RIGHT TO REFUSE
OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.
IF A PRODUCT OFFERED BY OptiStreams IS NOT AS DESCRIBED,
YOUR SOLE REMEDY IS TO RETURN IT TO OptiStreams FOR
A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL
BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
Third
Party Links
Linked websites are not under the control of OptiStreams
and OptiStreams is not responsible for the contents
of any linked site or any link contained in a linked
site. OptiStreams provides links to you only as a convenience,
and the inclusion of any link does not imply or constitute
an endorsement by OptiStreams of the site.
Applicable
Law
By visiting the OptiStreams website, you agree that
the laws of the state of California, without regard
to principals of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might
arise between you and OptiStreams .
DisputesAny dispute relating in
ay way to your visit or access of the OptiStreams website
or to the products or services you purchase through
the OptiStreams website shall be submitted to binding
arbitration in Orange County, California, except that,
to the extent you have in any manner violated or threatened
to violate OptiStreams ' intellectual property rights,
OptiStreams may seek injunctive or other appropriate
relief in any state or federal court in the state of
California, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under these Conditions
of Use shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under
these Conditions of Use shall be joined to an arbitration
involving any other party subject to these Conditions
of Use, whether through class arbitration proceedings
or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless OptiStreams
, its officers, directors, owners, partners, employees,
agents, licensors, suppliers and any third party information
provider to the website from and against all losses,
expenses, damages and costs, including attorney's fees,
resulting from any violation of these Conditions of
Use (including negligent or wrongful conduct) by you
or your use and access of the OptiStreams website.
International
Use
Given the global nature of the Internet, you agree to
comply with all local rules including, without limitation,
rules about the Internet, data, e-mail, privacy, copyright,
and trademark infringement. Additionally, you agree
to comply with all applicable laws regarding the transmission
of technical data exported from the United States or
the country in which you reside.
Other
Provisions
OptiStreams failure to insist upon or enforce strict
performance of any provision of these Conditions of
Use shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision
of these Conditions of Use. OptiStreams may assign its
rights and duties under these Conditions of Use to any
party at any time without notice to you. If any of these
conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed
severable and shall not affect the validity or enforceability
of any remaining condition. Any rights not expressly
granted herein are reserved.
Request
and Address
Please send notices by care of e-mail
to: legal@optistreams.com
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