Legal Notice
By accessing the World Wide Web site pages of Optics4birding, you agree to the following
terms:
The contents of all pages on Optics4birding Web sites are Copyright © 2003. Rights
not expressly granted herein are reserved.
Optics4birding reserves the right to change the terms, conditions, and notices under
which the Optics4birding affiliated Web sites are offered. You are responsible for
regularly reviewing these terms and conditions and additional terms posted on particular
Web sites. Your continued use of the Web sites constitutes your agreement to all
such terms, conditions, and notices.
Optics4birding Web sites are offered for your private and non-commercial use. Reproduction,
transfer, distribution or storage of the contents on Optics4birding-affiliated Web
sites, in whole or in part, without prior written consent of Optics4birding is expressly
prohibited.
The Web sites of Optics4birding and subsidiaries and their contents are provided
as a convenience to you on an "as-is" and "as available" basis.
Optics4birding does not warrant that the information on this Web site will be uninterrupted
or error-free. We reserve the right to add, revise or withdraw pages at any time.
Optics4birding will not be held liable for any direct, indirect, incidental, special
or consequential damages, lost profits or business interruption arising from the
use of, or inability to use, this Web site, even if Optics4birding has been advised
of the possibility of such damages.
As a condition of your use of Optics4birding's Web sites, you agree and acknowledge
that you will not use them for any purpose that is unlawful or prohibited by these
terms, conditions and notices. You may not use these Web sites in any manner that
could damage, disable, overburden, or impair any of the Optics4birding affiliated
Web sites, or interfere with any other party's use and enjoyment of any such Web
site. You may not attempt to gain unauthorized access to any Optics4birding affiliated
Web site, other accounts, computer systems or networks connected to any of Optics4birding's
Web sites, through hacking, password mining or any other means. You may not obtain
or attempt to obtain any materials or information through any means not intentionally
made available by Optics4birding.
Optics4birding reserves the right, in its sole discretion, to terminate your access
to any or all of Optics4birding's Web sites or any portion thereof at any time,
without notice.
By submitting information to Optics4birding via email or Web site pages, you agree
that the material will not contain content that is unlawful or unfit for publication,
and you will be responsible for first screening and removing viruses or other contaminating
or destructive content before submission, and further, that you are the owner or
have unlimited rights to use the submitted material and Optics4birding may publish
the material free of charge and/or incorporate it or any concepts described in it
in our products without accountability or liability, and you agree not to take action
against us in relation to material that you submit and you agree to indemnify us
if any third party takes action against us in relation to the material you submit.
Optics4birding is under no obligation to monitor the information residing on or
transmitted to this Web site. However, Optics4birding may monitor the Web site contents
periodically to: (1) comply with any necessary laws, regulations or other governmental
requests; (2) operate the Web site properly; (3) protect itself; or (4) for any
other reason in its sole and absolute discretion. Optics4birding in its sole discretion
reserves the right to modify, reject or eliminate any information residing on or
transmitted to its Web site.
Hyperlinks
You are granted a limited, nonexclusive right to create a hyperlink to the homepage
of this Web site only, provided such link does not portray Optics4birding or any
of its products and services in a false, misleading, derogatory or otherwise defamatory
manner. This limited right may be revoked at any time. You may not use, frame or
utilize framing techniques to enclose any Optics4birding trademark, logo or other
proprietary information, including the images found at this Web site, the content
of any text or the layout/design of any page or form contained on a page without
Optics4birding's express written consent. Except as noted above, you are not conveyed
any right or license by implication, estoppel, or otherwise in or under any patent,
trademark, copyright, or proprietary right of Optics4birding or any third party.
The Web sites of Optics4birding may include links to Web sites on the Internet owned
and operated by unaffiliated third parties, for your convenience. By following said
links to third-party Web sites, you agree that Optics4birding has no control over,
and does not assume any responsibility for, the content of such Web sites. Optics4birding
makes no claim or representation regarding, and accepts no responsibility for, the
quality, content, nature or reliability of Web sites accessible by hyperlink from
this Web site, or Web sites linking to this Web site. Optics4birding is providing
these links to you only as a convenience, and the inclusion of any link does not
imply affiliation, endorsement, or adoption by Optics4birding of the Web site or
any product or service offered, or information contained, therein. By following
said links to third-party Web sites, you agree that you are solely responsible for
viewing and abiding by the privacy statements and terms of use of such linked Web
sites.
Submissions to Web site Are Not In Confidence
Optics4birding does not solicit or accept confidential or proprietary information
from you through this Web site. Should any user of this Web site provide Optics4birding
with information, including but not limited to feedback, data, answers, questions,
comments, suggestions, plans, ideas or the like, such information shall be deemed
to be unsolicited, nonproprietary and nonconfidential and shall become the property
of Optics4birding. Optics4birding assumes no obligation to protect such information
from disclosure. The submission of such information to Optics4birding shall in no
way prevent the purchase, manufacture or use of similar products, services, plans
and ideas by Optics4birding for any purpose whatever and Optics4birding shall have
an unrestricted and irrevocable right to reproduce, use, publish, broadcast, disclose,
display, perform, modify, transmit and distribute the information to others without
restriction and without compensation. Optics4birding cannot prevent the "harvesting"
of information from this Web site, and you may be contacted by Optics4birding or
unrelated third parties, by email or otherwise, within or outside of this Web site.
Optics4birding will use reasonable efforts to include up-to-date and accurate information
in this Web site, but makes no representations, warranties, or assurances as to
the accuracy, currency or completeness of the information provided. Optics4birding
may change, add or delete data, products and programs described in this Web site
at any time without notice. Optics4birding shall not be liable for any damages or
injury resulting from your access to, or inability to access, this Internet Web
site, or from your reliance on any information provided at this Internet Web site.
Clicking on certain links within the Optics4birding Web site may take you into other
Web sites for which Optics4birding takes no responsibility and Optics4birding shall
not be liable for any damages or injury arising from that content or from the accessing
of those Web sites.
Some of the information included on this Web site was taken in its entirety from
written materials previously distributed publicly by Optics4birding. All information
included on this Web site speaks as of the date it was first published in print
or as of the date it was published on this Web site or as of the actual date that
appears on such particular information, whichever date is earliest. Republication
on this Web site of previously distributed or printed material means that it was
not updated from its date of original distribution or printing.
Disclaimer of Endorsement
Reference herein to any products, services, processes, links to third parties or
other information by trade name, trademark, manufacturer, supplier or otherwise
does not necessarily constitute or imply its endorsement, approval, sponsorship
or recommendation by Optics4birding or its affiliates. Product and service information
are the sole responsibility of each individual vendor. Your linking from this Web
site to any other Web site is at your own risk.
United States Governing Law
The posting of this Web site on the World Wide Web by Optics4birding is a passive
activity. In itself access to this Web site by persons in any jurisdiction does
not imply that Optics4birding or any of its affiliates intends to purposefully avail
itself of the privilege of conducting activities within such jurisdiction, nor does
it imply that Optics4birding invokes the benefits and protections of the laws of
such jurisdiction.
This Web site was developed in the United States of America in accordance with,
and shall be governed by, and your browsing in and use of the Web site shall be
deemed acceptance of, the laws of the State of California, United States of America.
Notwithstanding the foregoing, this Web site may be viewed internationally and may
contain references to products or services not available in all countries. References
to a particular product or service does not imply that Optics4birding intends to
make such products or services available in such countries.
Jurisdiction
Those who choose to access this Web site do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
Unsolicited Submissions
Optics4birding does not accept ideas or suggestions under any obligations of any
kind, either expressed or implied. If you send us any ideas or suggestions, you
agree that there is no confidential relationship or right to compensation with respect
to the information, and that Optics4birding has no obligation to you of any kind
in connection to the information. You expressly disclaim and waive all rights to
any such information or ideas that you submit to Optics4birding, and agree that
Optics4birding will be free to use it in any way without any obligation to you.
Indemnification
You agree to defend, indemnify and hold harmless Optics4birding, its parents, subsidiaries,
affiliates and their respective directors, officers, employees and agents from and
against any and all claims, actions, suits or proceedings, as well as any and all
losses, liabilities, damages, costs and expenses (including reasonable attorneys
fees) arising out of or accruing from (a) any materials posted or otherwise provided
by you that infringe any copyright, trademark, trade secret, trade dress, patent
or other intellectual property right of any person or defames any person or violates
their rights of publicity or privacy, (b) any misrepresentation made by you in connection
with your use of the Web site or reliance by you on any materials contained on the
Web site; (c) any non-compliance by you of the User Agreement; and (d) claims brought
by persons or entities other than the parties to this Agreement arising from or
related to your access and use of the Web site, including the materials obtained
through the Web site.
This Notice may be changed in the future without further notice. This Notice applies
exclusively to your access to, and use of, this Web site and does not alter in any
way the terms or conditions of any other agreement you may have with Optics4birding
for products, services or otherwise.