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- Terms of Site
Use and Disclaimer
Please read the following Terms of Use and Disclaimer (the "Terms")
carefully before using our website, located at Rodenstockusa.com (the
"Site"). By using this Site, you agree to these Terms. If you do not
agree to these Terms, do not use the Site. We reserve the right, at
any time, to modify, alter, or update these Terms, and you agree to
be bound by such modifications, alterations, or updates.
- Copyright;
Proprietary Materials
All creative and technical design, text, graphics, interfaces, interactive
elements and the selection and arrangement thereof on the Site are
copyright 2006 Optical Distribution Corporation. ALL RIGHTS RESERVED. Permission
is granted to electronically copy and to print hard copies of portions
of the Site for the sole purpose of product reference.
The materials
used and displayed on the Site, including but not limited to all
text, software, photographs, graphics, illustrations, artwork, video,
music, sound, names, logos and trademarks, including "Progressiv
life® C",
"Progressiv life® 2",
"ColorMatic®
Extra",
"MultigressivT
2", Progressiv®
XS, and Progressiv®
AT
("Proprietary Materials") are, unless otherwise indicated, the
property
of Optical Distribution Corporation, located at 814 West 3rd Avenue,
Columbus, Ohio, 43212, USA or its affiliates
or licensors and are protected by copyright, trademark, and other
laws.
Any use of the
Site and/or the Proprietary Materials, except as expressly set forth
herein, including reproduction for purposes other than those noted
above, modification, distribution, dissemination, retransmission,
broadcasting or republication, without prior written permission
of Optical Distribution Corporation is strictly prohibited.
- Disclaimer
of Warranties
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS CONTAINED IN THE SITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, OPTICAL DISTRIBUTION CORPORATION DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
FREEDOM FROM COMPUTER VIRUS, IMPLIED WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER
ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE. IN ADDITION, OPTICAL DISTRIBUTION CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE
VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY
INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
- Limitation
on Liability
IN NO EVENT SHALL OPTICAL DISTRIBUTION CORPORATION NOR ANY OF ITS AFFILIATES,
AGENTS, REPRESENTATIVES, OR LICENSORS BE LIABLE FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
OR FOR ACTS OF NEGLIGENCE THAT ARE NOT INTENTIONAL OR RECKLESS IN
NATURE, REGARDLESS OF WHETHER OPTICAL DISTRIBUTION CORPORATION HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER
CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION
WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Total liability hereunder for damages, regardless of the nature of
any claim or form of any action, shall not exceed the total amount
that has been paid to Optical Distribution Corporation by such claimant.
- Linked Web
Sites
Optical Distribution Corporation and its affiliates do not review or monitor
any Web Sites linked to the Site and are not responsible for the content
of any such linked Web Sites. Your use of such Web Sites is at your
own risk.
- Governing Law
The Terms and any disputes arising out of or related to use of the
Site including, without limitation, the information, services, products
and materials contained therein, shall be governed by, and construed
and enforced in accordance with, the laws of the State of Ohio,
giving no effect to its conflicts of law principles.
- Venue
You hereby submit to the exclusive jurisdiction of the federal and
state courts of Ohio with respect to any dispute or controversy
regarding these Terms or arising out of or related to use of the Site
and you hereby submit to the personal jurisdiction in any such action.
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