1. General.
a. COGILEX R&D INC. ("Cogilex") maintains this Internet site (the "Site") for informational and
communication purposes. Your access to and use of this Site is subject to
the following Terms and Conditions of Use and Privacy Statement ("Terms"),
as well as any modifications issued by Cogilex to these Terms and
all applicable laws and regulations. By using this Site, you agree
and will be deemed to be bound by these Terms. If you do not want
to be bound by these Terms, do not use this Site.
b. Among other things, this Site provides general information
concerning various Cogilex products and services and the
opportunity to obtain additional information concerning those products and
services or to purchase them. These Terms and the information provided in
this Site in no way override the terms and conditions of your purchase of
any product or service except as specifically provided therein.
2. Changes in Terms; Termination.
a. Cogilex
shall have the right at any time and without prior notice to revise the
terms and provisions of these Terms or to impose new terms and conditions
with respect to access to or use of this Site. Such revisions and
additions shall be effective immediately upon notice thereof, which may be
given by any means, including but not limited to posting the revised or
additional terms and conditions on the Site. Any access or use of
this Site by you after notice of revisions or additions to these Terms
shall constitute and be deemed to be your agreement to such revisions or
additions.
b. Cogilex also shall have the right to terminate this Site or
any products or services offered through the Site, or any individual's
right to access or use any portion of or product or service offered
through the Site, at any time and without prior notice.
3. Site Content.
The information and materials
posted on this Site may contain errors, omissions, or typographical errors
or may be out of date. Cogilex may change, delete, or update any
posted information or materials at any time and without prior notice. The
information and materials posted on this Site are provided for
informational purposes only and are not binding on Cogilex in any
way except to the extent they are specifically indicated to be so.
4. Linked Third Party Sites.
Links to other
Internet sites operated by third parties, including members of Cogilex's authorized dealer network or Cogilex's corporate
partners, do not constitute sponsorship, endorsement, or approval by Cogilex of the content, policies, or practices of such linked sites.
Linked sites are not operated, controlled, or maintained by Cogilex, and Cogilex is not responsible for the availability,
content, policies, or practices of linked sites. Links to other sites are
provided for your convenience only, and you access them at your own risk.
5. DISCLAIMER OF WARRANTY.
Cogilex makes no
warranties or representations whatsoever concerning this Site or any
linked site or its content, including the availability of any site or the
information and materials on it or the accuracy, completeness, or
timeliness of that information and materials. Cogilex also does not
warrant or represent that your access to or use of any site will be
uninterrupted or free of errors or omissions, that defects will be
corrected, or that the site is free of computer viruses or other harmful
components. Without limiting the foregoing, EVERYTHING ON THIS
SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. Please note that some jurisdictions may not
allow the exclusion of implied warranties, so some of the above exclusions
may not apply to you. Check your local laws for any restrictions or
limitations regarding the exclusion of implied warranties.
6. LIMITATION ON LIABILITY.
UNDER NO CIRCUMSTANCES WILL
Cogilex BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER
IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF
ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED
SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS
INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR
OTHERWISE, EVEN IF Cogilex IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
7. Trademarks and Copyrights.
Unless otherwise
noted, the trademarks, logos, and service marks used on the Site are owned
by Cogilex or by third parties that have licensed their use to
Cogilex. You may view and download these marks for informational
purposes only as permitted by applicable copyright laws and must retain
intact all copyright and other proprietary notices. Other use of these
marks, except as specifically permitted in these Terms or the Site content
or a writing signed by Cogilex, is strictly prohibited.
8. Submissions.
Other than your e-mail address or
customer information, which is subject to the Privacy Statement set forth
in Section 10 herein, any communication or material you transmit to this
Site by electronic mail or otherwise, including any questions, comments,
suggestions, or the like, is and will be treated as non-confidential and
non-proprietary and may be used by Cogilex, members of its
authorized dealer network, its corporate partners, or their affiliates or
related entities for any purpose, including but not limited to
reproduction, disclosure, transmission, publication, broadcast, and
posting. Furthermore, Cogilex, members of its authorized dealer
network, its corporate partners, and their affiliates and related entities
are free to use any ideas, concepts, know-how, or techniques contained in
any communication you send to this Site for any purpose whatsoever,
including, but not limited to, developing, manufacturing, and marketing
products or services using information contained in such communication.
9. Indemnification.
You agree to defend, indemnify,
and hold harmless Cogilex, members of its authorized dealer
network, its corporate partners, and their affiliates and related entities
and their respective directors, officers, employees, and agents from and
against all claims, losses, damages, liabilities, and costs (including but
not limited to reasonable attorneys' fees and court costs, arising out of
or relating to your breach of these Terms or your access to or use of this
Site. The foregoing indemnification obligation shall survive termination
of these Terms and the Site and any product or service provided to you
arising out of or relating to your use of the Site.
10. Privacy Statement.
a. Cogilex respects
the privacy of personally identifiable information about visitors to this
Site such as names or e-mail addresses and will collect such information
about you only when you knowingly and voluntarily submit it. Cogilex does not sell or rent personally identifiable information about
visitors to the Site to third parties other than members of its authorized
dealer network. Cogilex will not use personally identifiable
information about visitors to the Site for the purpose of broadcasting
unsolicited e-mail newsletters or bulletins and will transmit such
newsletters or bulletins only to individuals that specifically request to
subscribe. Cogilex also will not authorize use of personally
identifiable information about visitors to the Site by members of its
authorized dealer network for the purpose of broadcasting unsolicited
e-mail newsletters or bulletins.
b. Cogilex may use personally identifiable information about
visitors to the Site in aggregate form to make the Site better and more
responsive to the interests of such visitors. Statistical compilations of
such information also may be used by Cogilex or provided to others
for marketing, advertising, or research purposes.
c. Cogilex may collect certain non-personal information about
visitors to the Site, including but not limited to the identity of their
Internet browsers, the types of operating systems they use, their
locations, and the domain names of their Internet service providers. Such
non-personal information may be used for purposes including but not
limited to improving the content of the Site, marketing, advertising, or
research.
d. Cogilex is not responsible for the privacy policies or
practices of members of its authorized dealer network, advertisers,
operators of linked sites, or other third parties.
11. Miscellaneous.
These Terms constitute the
entire agreement of the parties with respect to the subject matter hereof,
and supersede all previous written or oral agreements between the parties
with respect to such subject matter. No waiver by Cogilex of any
breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. If any provision of these Terms
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from the Terms and shall not affect
the validity and enforceability of any other provisions of the Terms.
Cogilex shall not be liable for any non-performance or delay in
performance caused by any act beyond its reasonable control, including but
not limited to acts or omissions of third parties, unavailability of
supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any
other Act of God, any law, regulation, ordinance, or other act or order of
any court, government, or governmental agency, or delays, unavailability,
errors, or other failures of the Internet or other data networks.