Terms and Conditions
The Site is currently being provided free-of-charge to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Site. The terms "OpTIMETRICS.COM.com", "we", "us", and "our" refer to OpTIMETRICS.com, LLC. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
Products & Prices
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Copyright
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Trademarks
OpTIMETRICS.COM, and other marks indicated on the Site are registered trademarks or registered service marks of OPTIMETRICS.COM. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of OpTIMETRICS.com. OpTIMETRICS.Com's trademarks and trade dress may not be used in connection with any product or service that is not OpTIMETRICS.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OpTIMETRICS.com. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OpTIMETRICS.com.
Site access
You may not download (other than page caching) or modify the Site or any portion of it, without our express, written consent. This includes: a prohibition on any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OpTIMETRICS.com or its affiliates without our express, written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, written consent.
Your account
If you use the Site and are asked to establish an account, you are responsible for maintaining the confidentiality of that account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Risk of loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Links
We are not responsible for the content of any sites that may be linked to or from OpTIMETRICS.com. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from OptIMETRICS.com, and OpTIMETRICS.com has no control over the content of that other website. In addition, a link to any other web site does not imply that OpTIMETRICS.com endorses or accepts any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by OPTIMETRICS.COM of that third party or of any product or service provided by a third party.
Disclaimers and Limitations of Liability
The Site is provided on an "AS IS," "as available" basis. Neither OPTIMETRICS.COM, nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Site will be uninterrupted or error-free. Neither OPTIMETRICS.COM, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, we make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. OPTIMETRICS.COM specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by OPTIMETRICS.COM or its Associates shall create a warranty. You expressly agree that the use of the Site is at your sole risk.
Under no circumstances shall OPTIMETRICS.COM or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to OPTIMETRICS.COM records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of OPTIMETRICS.COM has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Any legal actions against us must be commenced in Massachusetts within one year after the claim arose, or be barred.
