Ownership; Copyright and Trademark Information.
All Site Content and Site Code is the exclusive property of Soft-lite. All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in, associated with or utilized on this Site, the Site Content or Site Code are the properties of Soft-lite or its licensors. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Nothing in these Terms or any Site Content shall convey to you an ownership interest in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in this Site or any Site Content or Site Code.
All Site Content and Site Code is Copyright © 2013, Soft-Lite, LLC and/or subject to the copyright of its licensors or third-party content providers. All rights reserved.
“Site Content” means any data, software, text, information, material, statements and images, as well as graphics, interactive features, video and audio, if any, displayed and/or used on this Site. “Site Code” refers to any and all underlying elements of this Site, including, but not limited to, any source code, object code and other sets of statements or instructions that relate to the operation or functions of this Site.
Subject to the terms and conditions set forth herein and subject to your compliance with the Terms, Soft-lite grants you a non-exclusive, non-transferable, terminable, limited right to access and use this Site and Site Content for informational purposes only. Soft-lite authorizes you to view and download Site Content only for your personal, non-commercial use.
You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any Site Content or Site Code to any one for any purpose; (b) not to alter Site Content or Site Code in any manner or use such Site Content or Site Code in a manner not authorized by the Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; (d) not to place any Site Content or Site Code on a network; and (e) except as otherwise expressly provided in “External Links to this Site” herein, not to frame, link, associate with advertisements or commercially exploit this Site, Site Content or Site Code. In addition, you must retain on all Site Content downloaded, all copyright, trademark, service mark and other proprietary notices contained in Site Content.
Your use of this Site, Site Content and Site Code is entirely at your own risk. The information posted to this Site and the Site Content may contain inaccuracies and typographical errors. THIS SITE, THE SITE CONTENT AND SITE CODE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SOFT-LITE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO YOUR ACCESS AND/OR USE OF THIS SITE, THE SITE CONTENT AND THE SITE CODE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (A) SUITABILITY FOR ANY PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR PURPOSE, (B) MERCHANTABILITY, (C) ACCURACY AND COMPLETENESS, (D) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND (E) FREEDOM FROM INTERRUPTION, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.
Third Party Sites.
External Links to this Site
All links to this Site must be pre-approved in writing by Soft-lite. Should you wish to link to this Site, please contact Soft-lite in writing and your request will be given due consideration. Soft-lite reserves the right to withhold consent or revoke consent to link to this Site at any time in its sole discretion.
Information/Submission Provided By You.
Limitation of Damages.
IN NO EVENT SHALL SOFT-LITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S ACCESS OR USE OF THIS SITE, SITE CONTENT AND/OR SITE CODE, IN CONNECTION WITH YOUR INABILITY TO ACCESS OR USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY OTHER WEBSITE, EVEN IF SOFT-LITE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless Soft-lite, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Site or breach by you of the Terms.
Choice of Law, Notice Regarding State Laws, Jurisdiction, Entire Agreement.
This Site is controlled, operated and administered by Soft-lite from its offices within the United States of America.
This Site, Site Content, and Site Code are appropriate for use in the United States only, and products or services offered through this Site are appropriate or available for use in the United States only. Those who choose to access this Site from locations outside the United States do so on their own initiative and risk. Users located outside the United States should not provide any personal information or personally identifiable information via this Site. By providing personal information to this Site, all users, fully understand and consent to the collection and processing of such information in the United States of America. You may not use this Site or export Site Content in violation of U.S. export laws and regulations.
All matters relating to your access to, and use of, this Site shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions.
You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of Soft-lite.
The Terms constitute the entire agreement between Soft-lite and you with respect to the matters contained herein. Any cause of action you may have with respect to the matters contained herein or your use of this Site must be commenced within one (1) year after the claim or cause of action arises.If for any reason a body with proper jurisdiction finds any provision(s) of the Terms or a portion thereof, to be unenforceable, you and Soft-lite agree (without waiving rights of appeal) that unenforceable provision(s) shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
The Soft-Lite, LLC. (“Soft-lite”) is committed to protecting any personal information that you may provide to us. In particular, we believe it is important for you to know how we treat information about you that we may receive from this Web site (the “Site”).
By providing personal information to this Site and/or by using this Site, all users, fully understand and consent to the collection and processing of such information in the United States of America and to Soft-lite’s processing of personal information for the purposes set forth below.
Personal Information: In general, Soft-lite collects personal information from you when you voluntarily provide it to us by: (i) registering on this Site; (ii) signing up to enter a promotion, participate in an event or survey, receive newsletters or other literature; (iii) making product, project, service requests or inquiries; and/or (iv) contacting us (including our webmaster, customer service representatives, or other employees) by e-mail. In connection with these activities, we may collect personal information from you, including, but not limited to, your name, physical address, e-mail address, age, gender, telephone number, fax number, user name and/or password associated with the use of this Site or web portal(s), occupation, company name, name of position within company, whether you are a customer, how you heard about Soft-lite, and other demographic information.
Non-personal information: As part of the standard operation of our Site, we may collect/obtain certain non-personal information from you including, but not limited to, your browser type (e.g., Netscape or Internet Explorer), operating system (e.g., Windows or Macintosh), Internet service provider, IP address, web sites visited, and the domain name from which you accessed the Site (e.g., yahoo.com).
You are always free to decline cookies, but in doing so you may not be able to use certain features on our Site. The “help” segment of the toolbar on most browsers explains how to configure a browser to not accept new cookies, how to have the browser inform a user when they receive a new cookie, and how to erase cookies from a computer’s hard drive.
We may use web beacons to assist us in understanding how visitors to our Site use such sites and/or to collect information regarding users activities on the web. We may utilize the services of a third party to collect such information for us.
This Site and any products or services provided via this Site is not intended to target, and are not structured to attract, children under the age of 13. We do not knowingly solicit or collect personal information from or about children and we do not knowingly market our products or services to children.
Use of Collected Information.
The personal information that you provide to Soft-lite, may be stored, processed, and used by Soft-lite and its subsidiaries and/or affiliates for the following purposes: to provide information about our company, products and/or services, including updates, notifications, and details of any offers or promotions; to assist us in improving our products, services or the content of this Site; responding to service requests and inquiries; to contact you to participate in a market research survey, so that we can gauge customer satisfaction and develop better products; to protect the security or integrity of our Site; to fulfill your requests for information regarding our company, products and/or services; to help address problems with our Site; to help administer our site and to conduct internal reviews of our Site; for our own internal marketing and research purposes; to make this Site or service easier to use by eliminating the need for you to repeatedly enter the same information or by customizing this Site or service to your particular interests or preferences; and/or to analyze information for trends and statistics. We may also provide your personal information to (i) dealers, distributors or agents acting on Soft-lite’s behalf in connection with the activities described above; (ii) to Soft-lite’s employees, independent contractors, subsidiaries, affiliates, consultants, business associates, service providers, suppliers, dealers, and/or distributors if the disclosure will enable that entity to perform a business, professional, or technical support function for Soft-lite; and (iii) to employees, independent contractors, service providers, dealers, distributors and/or suppliers of Soft-lite to fulfill your product or service requests.
In addition, we will release information about you if you direct us to do so, or if we are required to do so as specified in more detail in “Disclosure Exceptions” below.
Domain name information that we collect is not used to personally identify you and instead is aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. We use this information to measure the use of our Site and to improve the content of our Site.
Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary:
- To comply with legal process such as a search warrant, subpoena or court order;
- To protect the Soft-lite’s rights and property or defend against legal claims;
- To protect any other party’s rights, property, and safety;
- To report to any law enforcement agency any activities that we, in good faith, believe to be unlawful;
- To investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving harassment, abusive messages or potential threats to the physical safety of any persons;
- To protect against misuse or unauthorized use of this Site; or
- During emergencies, such as when we believe someone’s physical safety is at risk; or
- In the event that Soft-lite and/or its subsidiaries are ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer our user databases, together with any personally identifiable information contained therein, to a third party acquiring the assets.
- In the event we do so, we will place a prominent notice of the sale on the homepage of this Site, with links to information as to how you can change your privacy preferences.
Under the USA Patriot Act, Soft-lite may be restricted from notifying individuals that such information has been disclosed.
Links to Other Sites.
This Site may contain links to other third-party Web sites. While we try to link only to third-party Web sites that share our high standards and respect for privacy, Soft-lite’s Policy and privacy practices do not extend to and may differ from third-party Web sites that can be accessed through links on this Site; and we are not responsible for the content, security, or privacy practices employed by other third-party Web sites. If you are concerned, consider the privacy policies on the third-party Web site before registering or navigating those sites.
Security of Collected Information.
To protect the privacy of personal information provided by you, Soft-lite employs industry-standard controls including physical access controls, Internet firewalls, intrusion detection, and network monitoring.
Unfortunately, no electronic communication over the Internet can be guaranteed to be 100% secure. While we strive to take great care to protect your personal information, Soft-lite cannot warrant the security of any information that you submit to us, and you do so at your own risk. Remember to sign off this Site and close your browser window when you are finished. This is to ensure that others cannot pose as you online.
Access to Collected Information.
You may review, update and delete any personal information that you provide to us through this Site by contacting us as described below under “Contacting Us.”
If you have any questions or concerns about this Policy or if you would like to review, update and delete any personal information that you provide to us through this Site, please contact us at firstname.lastname@example.org. We welcome your questions and suggestions about our Policy.
TERMS AND CONDITIONS OF USE OF THIS SITE
Last revised as of May 30th, 2013
This Web site (“Site”) is provided by Soft-Lite, LLC (“Soft-lite”). The term “you,” “your” or “yourself” shall refer to the user who is browsing this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THIS SITE (THE “TERMS”) CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR ACCESS AND USE OF THIS SITE. BY ACCESSING OR USING THIS SITE OR DOWNLOADING ANY MATERIALS FROM THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF THIS SITE. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF THIS SITE.
Soft-lite reserves the right, at its sole discretion and without advance notice, to change, modify, add or remove all or any portion of this Site or the Terms set forth herein and all policies and guidelines incorporated herein by reference, at any time. Changes to the Terms shall be immediately effective when posted to this Site. YOUR ACCESS TO AND CONTINUED USE OF THIS SITE AFTER ANY CHANGES ARE POSTED SHALL CONSTITUTE ACCEPTANCE OF THOSE CHANGES.
You agree that Soft-lite may at any time, terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of this Site or the Site Content, and/or at any time. Soft-lite may also impose limits on certain features and services or restrict your access to parts or all of this Site or Site Content without notice to you or liability on the part of Soft-lite. You agree that Soft-lite may at any time, terminate the authorization, rights and license granted herein, including your right to access this Site and Site Content. Access to this Site may be monitored by Soft-lite.
The provisions in the Terms regarding ownership of Site Content and Site Code, confidentiality, the disclaimer of warranty, limitation of liability and indemnification shall survive such termination.