PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the website of Universal Laser Systems, Inc. ("Universal Laser”), located at www.ulsinc.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Universal Laser, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Universal Laser for violations of these Terms.
Universal Laser reserves the right to change or modify any of the terms and conditions contained on the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, the Universal Laser logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Universal Laser or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Universal Laser, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Universal Laser Systems, the Universal Laser Systems logo, and VersaLASER, LaserKiosk, High Power Density Focusing Optics, Quick Change, Rapid Reconfiguration, SuperSpeed Technology, Free-Space Slab Technology, Permalign, RACER, Integrated Multi-Beam Combiner, As easy to use as your printer, The Material Transformation Printer, The Universal Solution, 1-Touch Laser Photo, and any other product or service name or slogan contained on the Site, are trademarks of Universal Laser and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Universal Laser or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Universal Laser" or any other name, trademark, or product or service name of Universal Laser without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Universal Laser and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Universal Laser or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a Universal Laser logo or other proprietary graphic of Universal Laser to link to this Site without the express written permission of Universal Laser. Further, you may not use, frame or utilize framing techniques to enclose any Universal Laser trademark, logo, or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Universal Laser'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 Universal Laser or any third party.
Universal Laser makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Universal Laser and Universal Laser is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Universal Laser provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Universal Laser of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Universal Laser may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively, the "Third Party Content") as a service to those interested in this information. Universal Laser does not monitor or have any control over any Third Party Content or third party Web sites. Universal Laser does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Universal Laser does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Universal Laser may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Universal Laser is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Universal Laser advertisers or third party information on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding the Site, Universal Laser, or Universal Laser's products or services that are provided by you in the form of email or other submissions to Universal Laser, or any postings on the Site, are non-confidential and shall become the sole property of Universal Laser. Universal Laser shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify, and hold harmless Universal Laser, its independent contractors, service providers, and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand, or claim made against Universal Laser, and/or its independent contractors, service providers, employees, directors, or consultants arising out of or relating to the User Content, your conduct, your violation of these Site Terms, or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY UNIVERSAL LASER, THE SITE, THE SITE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UNIVERSAL LASER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE. UNIVERSAL LASER DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. UNIVERSAL LASER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNIVERSAL LASER SYSTEMS PRODUCTS ARE NOT DESIGNED, TESTED, INTENDED OR AUTHORIZED FOR USE IN ANY MEDICAL APPLICATIONS, SURGICAL APPLICATIONS, MEDICAL DEVICE MANUFACTURING, OR ANY SIMILAR PROCEDURE OR PROCESS REQUIRING APPROVAL, TESTING, OR CERTIFICATION BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION OR OTHER SIMILAR GOVERNMENTAL ENTITIES.
UNIVERSAL LASER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE UNIVERSAL LASER ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, UNIVERSAL LASER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Universal Laser reserves the right to change any and all content contained on the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Universal Laser.
IN NO EVENT SHALL UNIVERSAL LASER, ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM UNIVERSAL LASER, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, 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 UNIVERSAL LASER'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UNIVERSAL LASER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO UNIVERSAL LASER FOR ACCESS TO OR USE OF THE SITE.
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Arizona, applicable to agreements made and to be entirely performed within the State of Arizona, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Maricopa County, Arizona, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms. Universal Laser makes no representation that Site is appropriate or available for use at other locations outside of the United States and access to them from territories where its contents are illegal is prohibited. You may not use the Site in violation of U. S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Site Terms, Universal Laser reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
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