Introduction LumaSense Technologies, Inc. (“LumaSense”) created and maintains this website to provide information to and communicate better with customers, potential customers, investors, and others who may be interested in learning more about LumaSense and the products and services it offers. You may use this website, provided you comply with these terms and conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing or using this website, you, either an individual or a single entity, are bound by the notices, terms and conditions in these terms and conditions and, as applicable, elsewhere on this website (including but not limited to our Privacy Policy [hyperlink], which is incorporated by reference).
Your Acceptance of These Terms and Conditions. Please take a few minutes to carefully review these terms and conditions. By accessing and using this website you expressly agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this website. These Terms and Conditions May Change LumaSense reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this website. These terms and conditions were last revised on March 20, 2007. Copyright Notice and Limited License Everything you see and hear on this site (collectively, the “Content’), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by LumaSense, one of its affiliates, or one or more third parties who have licensed their materials to LumaSense. The entire Content of this site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. LumaSense owns the copyright in the selection, coordination, arrangement and enhancement of the Content.
You may download, store, print, and copy selected portions of the Content of this site, provided you: 1. Only use the Content you download for your personal, noncommercial use or to further your business dealings with LumaSense. 2. Do not publish or post any part of the Content on any other Internet site without obtaining the express prior written consent of LumaSense. 3. Do not publish or broadcast any part of the Content in or on any other media without obtaining the express prior written consent of LumaSense. 4. Do not modify or alter the Content in any way or delete or modify any copyright, trademark or confidentiality notice(s).
No right, title or interest in or to the downloaded Content is transferred to you when you download Content from this website. LumaSense reserves all intellectual property rights in any Content you download from this site. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from LumaSense Technologies, Inc. Trademark Notice All of the trademarks, service marks and logos displayed on this website (collectively, the “Trademarks”) are registered and unregistered trademarks of LumaSense, one of its affiliates, or one or more third parties who have licensed their trademarks to LumaSense or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining LumaSense’s express written consent. Unsolicited Ideas LumaSense welcomes your comments and feedback regarding this website. All information and materials, including comments, ideas, questions, designs, and the like, submitted to LumaSense through this website will be considered non-confidential and non-proprietary. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting information or materials to LumaSense through this website, you assign to LumaSense, free of charge, all worldwide right, title and interest in and to all copyrights and other intellectual property rights in and to the information or materials you submit. For the avoidance of doubt, LumaSense will be entitled to use any information or materials you submit through this website for any purpose whatsoever, without restriction and without compensating you in any way. Links to Other Websites This website may contain hyperlinks to websites that are not operated by LumaSense. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party websites or any association with their operators. LumaSense does not control these websites and is not responsible for their content. These third-party websites (and the websites to which they link) may contain information about uses of products that have not been approved or cleared by the U.S. Food and Drug Administration or any equivalent agency of any foreign country. LumaSense does not endorse any “off-label” uses. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these websites (and the websites to which they link) solely at your own risk. Global Availability Because different countries around the world have different laws and regulatory requirements, some medical devices and treatments are available in some countries and not in others. This site contains references or cross references to LumaSense products, programs and services that may not available or announced in your country. These references do not imply that LumaSense intends to announce such products, programs or services in your country. Consult your local LumaSense sales representative or contact LumaSense if you have questions about which products, programs and services may be available to you. Not a Substitute for Medical Advice The information provided on this website is not intended nor recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this website is intended to be for medical diagnosis or treatment. DISCLAIMER OF WARRANTIES THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, LUMASENSE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LUMASENSE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. LUMASENSE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS WEBSITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. LUMASENSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL LUMASENSE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF LUMASENSE OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LUMASENSE AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). Ability to Accept Our website may only be used by users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these terms and conditions. If you are under 13 years of age, you may not use our website. Enforceability and Waiver If any provision of these terms and conditions is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these terms and conditions will not be affected. No delay or failure by LumaSense to exercise or enforce any of its rights under these terms and conditions will act as a waiver of such rights Governing Law and Jurisdiction This website is controlled and operated by LumaSense from its offices within the United States. Any claim relating to, and the use of, this website are governed by the laws of the State of California, United States of America, without regard to or application of choice of law rules or principles. By using this website, you expressly consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Santa Clara County, State of California, for any action arising out of or relating to this website or your use of this website, which shall have exclusive jurisdiction over all such actions. You agree that: (i) this website shall be deemed to be solely based in the State of California; (ii) this website shall be deemed a passive website that does not give rise to personal jurisdiction over LumaSense, either specific or general, in jurisdictions other than the State of California; and (iii) ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys’ fees, expenses and costs incurred in connection with the litigation. Entire Agreement This Agreement constitutes the entire agreement between you and LumaSense with respect to your access to and/or use of this website.
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