This page contains various legal information regarding OptiSurface.com. Please read the information carefully as use of this site constitutes an acceptance of these terms.
“Personally Identifiable Information”
Refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.
What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors.
What organizations are collecting the information?
In addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
How does the Site use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.
With whom may the information may be shared?
We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf.
How is Personally Identifiable Information stored?
Personally Identifiable Information collected by www.optisurface.com is securely stored and is not accessible to third parties or employees of www.optisurface.com except for use as indicated above.
Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by submitting a support ticket.
Are Cookies Used on the Site?
How does www.optisurface.com use login information?
www.optisurface.com uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user’s movement and use, and gather broad demographic information.
What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?
www.optisurface.com has entered into and will continue to enter into partnerships and other affiliations with a number of vendors. Such vendors may have access to certain Personally Identifiable Information on a need to know basis for when a visitor requests contact regarding the services and products related to optisurface.com.
Disclosure of Personally Identifiable Information to comply with law.
We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.
How does the Site keep Personally Identifiable Information secure?
All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.
Visitors and Authorized Customers may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by submitting a support ticket.
We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site’s database by submitting a support ticket. However, because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.
This web site contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.
All web sites, products and services are provided, as is, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose. Our company does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the web sites, products, services or written materials in the terms of correctness, accuracy, reliability, currentness or otherwise. The entire risk as to the results and performance of the web sites, products and services are assumed by you, if the web sites, products, services or written materials are defective, you, and not our company, assume the entire cost of all necessary servicing, repair or correction.
This is the only warrant of any kind, either express or implied, that is made by our company. No oral or written information or advice given by our company shall create a warranty or in any way increase the scope of this warranty, and you may not reply on such information or advice to do so.
Our Company’s entire liability, and the purchaser’s exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to 30 days. All remedies are limited to the United States. Some states cannot allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Limitation & Exclusion of Liability
These warranties exclude all incidental or consequential damages. Our Company, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Legal Forum, Choice of Laws & Official Language
This offering is a contract between you and the buyer and our business, the seller. The seller is located in Queensland, Australia. and by doing business with us you agree that this offering is made from Queensland, Australia. and shall be governed by the laws of the State of Queensland, Australia. By electing to participate in this offer, you are entering into a contract.
This Agreement shall be governed by and construed in accordance with the laws of the Queensland, Australia, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the Queensland, Australia. In addition, you agree to submit to the jurisdiction of the courts of the State of Queensland, Australia, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Queensland, Australia.
The terms constituting this offering are set forth in writing on this Web site. You hereby agree to submit to the jurisdiction of the State and Federal Courts located in Brisbane, Queensland, Australia. to resolve any disputes for litigation hereunder. Whether or not you choose to print this offering, containing the terms and conditions as described herein, you agree that this contract constitutes a writing.
This agreement is being written in English, which is to be the official language of contracts text and interpretation. If you do not agree with the above terms and conditions, you have the option to not participate in this offer.
This Web site and information contains copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative work of, or in anyway exploit, in whole or in part, any Proprietary or other Material.
All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, read, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and or civil persecution.
Our Company reserves all rights not expressly granted here.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Optisurface.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to OptiSurface.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to OptiSurface.com by all means and in any media now known or hereafter developed. You also grant to OptiSurface.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against OptiSurface.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to OptiSurface.com.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Optisurface.com or Davco Farming. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Optisurface.com or Davco Farming does not operate, control or endorse any information, products or services on the Internet in any way. Except for OptiSurface.com – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with OptiSurface.com a. You also understand that OptiSurface.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Optisurface.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Optisurface.com and Optisurface.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Optisurface.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL Optisurface.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Optisurface.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Optisurface.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Optisurface.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Optisurface.com web site, please understand that it is independent from Optisurface.com, and that Optisurface.com has no control over the content on that web site. In addition, a link to a OptiSurface.com web site does not mean that Optisurface.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Optisurface.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Optisurface.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of United States applicable to agreements made and to be performed in United States. You agree that any legal action or proceeding between Optisurface.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in United States . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. OptiSurface.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. OptiSurface.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.