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Website Terms of Use

OPTO DIODE TERMS AND CONDITIONS OF USE

Last Revised:  June 1, 2017

Welcome to the website or mobile app operated by Opto Diode, a division of Illinois Tool Works Inc. (“Opto Diode,” “we,” “us” or “our”). http://optodiode.com (the “Website”) provides general information about Opto Diode and its products and services, free of charge to our users.

All uses of the Website are subject to the following terms and conditions of use (these “Terms of Use”).

Please read these Terms of Use carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Opto Diode Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Website.

Opto Diode may revise and update these Terms of Use at any time by posting the amended terms to this Website. Your continued use of this Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the Website Terms of Use hyperlink at the bottom of all Website pages.

USE OF THE WEBSITE

You agree to use the Website only for lawful purposes:

  1. Specifically you agree not to do any of the following: (1) upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept communications not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit via the Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Opto Diode, may harm Opto Diode or users of the Website or expose them to liability.

  2. Any content and/or opinions uploaded, expressed or submitted to publicly available portion of the Website (including password-protected areas) or social media websites that this Website provides links to, and all articles and responses to questions, other than the content provided by Opto Diode, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Opto Diode. You understand and acknowledge that you are responsible for whatever content you submit, and that you, not Opto Diode, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Website. You grant to Opto Diode the right to use all content you upload or otherwise transmit to the Website in any manner Opto Diode chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

  3. Opto Diode reserves the right, but does not assume any responsibility, to (1) remove any material posted via the Website or social media forums which Opto Diode, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Opto Diode has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user's access to all or part of the Website. However, Opto Diode can neither review all material before it is made available on the Website or social media forums nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Opto Diode assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Opto Diode reserves the right to take any action it deems necessary to protect the personal safety of users of this Website, social media forums, and the public; however, Opto Diode has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

  4. Your failure to comply with the provisions of (A) or (B) above may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.

COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Opto Diode or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Opto Diode. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material provided by this Website without the prior written consent of Opto Diode, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser or device for display enhancement purposes, and (c) print a reasonable amount of information from this Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Opto Diode or the applicable owner of such content. Except as expressly authorized by Opto Diode in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any material provided by this Website, (ii) access to this Website, or (iii) use of this Website or of any Opto Diode services or materials made available through this Website.

TRADEMARKS

The term “Opto Diode” is a trademark and the Opto Diode logo and all related product and service names, designs and slogans on our Website are trademarks of Opto Diode or its affiliates. You may not use such marks without Opto Diode's prior written permission. All other names, brands and marks not owned by Opto Diode are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

DEALINGS WITH THIRD-PARTY MERCHANTS

If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Website, you acknowledge and agree that Opto Diode is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Opto Diode will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Website.

LIABILITY OF OPTO DIODE AND ITS LICENSORS

Opto Diode does not assume any liability for the materials, information and opinions provided on, or available through, the Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. Opto Diode disclaims any liability for injury or damages resulting from the use of any Site Content.

THE WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE (EXCEPT TO THE EXTENT THE PRODUCT OR SERVICES ARE COVERED BY A WARRANTY IN OPTO DIODE’S TERMS AND CONDITIONS OF SALE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER Opto Diode NOR ANY PERSON ASSOCIATED WITH Opto Diode MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER Opto Diode NOR ANYONE ASSOCIATED WITH Opto Diode WARRANTS OR REPRESENTS THAT THE WEBSITE, THE SITE CONTENT OR OTHER SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SOFTWARE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Opto Diode DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL Opto Diode OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SITE CONTENT, ANY OTHER SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE OR SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY Opto Diode AND WHETHER OR NOT Opto Diode HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMINIFICATION

You agree to indemnify and hold harmless Opto Diode and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Website or the delivery of products, other services or information over the Website (collectively, the “Indemnified Parties”), from and against any and all liabilities, expenses, damages and costs, including reasonable attorney's fees, arising from any violation by you of these Terms of Use or your use of the Website or any products, other services or information obtained from this Website. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.

SUBMISSION OF PERSONALLY IDENTIFIABLE INFORMATION TO OPTO DIODE/PROTECTION OF PERSONAL INFORMATION

Opto Diode's use of your personal information and your responsibilities in connection with protecting your privacy are described in our Privacy Policy hyperlink at the bottom of all Website pages. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Opto Diode reserves the right to release your details to unaffiliated third parties and/or law enforcement in order to assist them in resolving security incidents. Opto Diode reserves the right to investigate suspected violations of these Terms of Use.

Opto Diode reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Opto Diode to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS Opto Diode AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Opto Diode DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Opto Diode OR LAW ENFORCEMENT AUTHORITIES.

COMMENTS AND SUBMISSIONS

Opto Diode welcomes your comments. All comments, suggestions or other information sent by you to this Website will become Opto Diode's property, and you agree that all intellectual property rights therein are transferred to Opto Diode. You understand that any postings to publicly available portions of the Website are non-confidential for all purposes and otherwise governed by the Use of the Service section appearing above.

LINKS TO OTHER SITES

The Website may provide links to other web sites on the Internet. Opto Diode is not responsible for and does not endorse the content, products or services of any third-party Websites, including, without limitation, sites framed within the Website or third-party advertisements presented within the Website, and Opto Diode does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for each such web sites.

U.S. GOVERNMENT USERS

Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and any other successor regulations that may be applicable.

COMPLIANCE

The owner of this Website is based in the State of California, USA. Opto Diode makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.

CONTACT

Any feedback, comments, requests for technical support, and other communications should be directed to Opto Diode by emailing or writing to:

Opto Diode
Attn: Customer Service
1260 Calle Suerte
Camarillo, CA 93012 USA
Phone: (805) 465-8700
sales@optodiode.com

MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of California, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Opto Diode with respect to the Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Website shall be in the state or federal courts located in California. You agree to submit to the jurisdiction of such courts.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

You agree that no joint venture, partnership or agency relationship exists between you and Opto Diode as a result of these Terms of Use or your use of this Website.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Opto Diode's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Opto Diode nor any trade practices shall be deemed to modify these Terms of Use. Opto Diode may revise these Terms of Use at any time by updating this posting.