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Terms and Conditions of Use and Privacy Statement
1.
General
a.
Aglow Technologies, Inc. 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 Aglow 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 Aglow 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.
Aglow 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.
Aglow also shall have the right to terminate this Site or any products
or services offered through the Site, or any individuals 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omissions, or typographical errors or may be out of date. Aglow
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 Aglow 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 Aglows authorized dealer network or Aglows corporate
partners, do not constitute sponsorship, endorsement, or approval
by Aglow of the content, policies, or practices of such linked sites.
Linked sites are not operated, controlled, or maintained by Aglow,
and Aglow 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
Aglow
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. Aglow
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 AGLOW 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 AGLOW 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 Aglow or by third parties that have licensed
their use to Aglow. 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 Aglow, 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 Aglow, 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,
Aglow, 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 Aglow, 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.
Aglow 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. Aglow does not sell or rent personally
identifiable information about visitors to the Site to third parties
other than members of its authorized dealer network. Aglow 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. Aglow 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.
Aglow 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 Aglow or provided to others for
marketing, advertising, or research purposes.
c.
Aglow 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.
Aglow 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 Aglow 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.
Aglow
shall not be liable for any nonperformance 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.
Access
to or use of this Site shall not be construed as Aglows purposeful
availment of the privilege or benefits of doing business in any
state or legal jurisdiction other than the State of California.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California, without regard to its
conflicts or choice of laws principles. In any matter connected
with the Site or these Terms, the parties hereto consent exclusively
to personal jurisdiction in the United States District Court for
the State of California Orange County District, or if that court
lacks subject matter jurisdiction, in the courts of the State of
California.
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