The following Terms of Use govern your use of the O-Lux Technologies (“O-Lux”) website (the “Site”). Your use of the Site constitutes your acceptance of and your agreement to follow and be bound by these Terms of Use without modification. O-Lux requests that you carefully read the Terms of Use provided below before using the Site. If any of these Terms of Use are not acceptable to you for any reason, you must exit immediately and discontinue using the Site.
O-LUX’S LICENSE TO YOU TO USE THE SITE
O-Lux grants you permission to view and to use the Site and to print individual pages from the Site subject to the restrictions set forth below. The Site and its contents are for your personal and non-commercial use only. The Site is not intended for children under the age of 13. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from the Site. Without the prior written consent of O-Lux, you may not (a) modify the content of the Site for any purpose, (b) remove any copyright notice or other proprietary notices from the content of the Site, (c) transfer the content of the Site to another person or (d) allow anyone else to copy any portion of the content of the Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you represent and warrant to O-Lux that you will not use the Site or any of the content of the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Content provided on the Site is to be used for informational purposes only. O-Lux makes no representations about the suitability of such content for any purpose.
CHANGES TO THE SITE AND TERMS OF USE
O-Lux reserves the right to change, move or delete portions of or add to the Site and these Terms of Use from time to time without prior notice to you. Your use of the Site following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, O-Lux recommends that you read these Terms of Use each time you visit the Site.
PRODUCT AND SERVICE INFORMATION ON THE SITE
Unless indicated otherwise, the services described on the Site are available directly from or through O-Lux. O-Lux has made a conscientious effort to display and describe its services on the Site accurately so that you can get a good idea of the nature, character and implementation of the services offered. O-Lux is constantly improving its services in response to the latest technological advancements. Consequently, O-Lux cannot and does not guarantee that the services displayed or described to you on its website are or will remain accurate in every detail.
LINKS TO OTHER WEBSITES
The Site may contain links to other websites. O-Lux is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by O-Lux of the site or any association with its operators. While O-Lux will make every effort to ensure that these websites will meet your approval, O-Lux does not have control over and is in no manner responsible or liable for, the availability and content of the websites to which the Site is linked. O-Lux is not responsible for webcasting or any other form of transmission received from any linked website. Any concerns regarding any product or service offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not to O-Lux.
O-LUX OWNS THE CONTENTS OF THE SITE
Except as otherwise noted, all information, trademarks, trade dress, content, and other materials on the Site, except proprietary material contained in websites linked to the Site (“O-Lux Proprietary Material”) is the exclusive property of O-Lux. O-Lux Proprietary Material includes, but is not limited to, the O-Lux service mark and O-Lux Technologies logo, images, illustrations, designs, icons, photographs, and written information that appears on the Site. O-Lux Proprietary Material is protected by applicable worldwide intellectual property rights and, except as provided by these Terms of Use, O-Lux grants no express or implied right to use any O-Lux Proprietary Material.
COPYRIGHTS AND TRADEMARKS
Excepted as otherwise noted, all contents of the Site are: Copyright © 2020 O-Lux Technologies. References throughout this website to terms that appear with (SM) or ® markings are considered proprietary trademarks, service marks and trade names owned by O-Lux. All rights not expressly granted herein are reserved by O-Lux.
THIRD-PARTY COPYRIGHTED IMAGES
The images of individuals that appear on the Site have been licensed from third parties. The intellectual property rights associated with these images, including the copyrights, are the exclusive property of these third–party licensors and O-Lux does not own any right, title or interest therein. The individuals featured in these images are models and are used for illustrative purposes only. These individuals are not employees of O-Lux and do not endorse O-Lux or its services.
O-LUX OWNS INFORMATION, SUGGESTIONS, IDEAS, ETC. THAT YOU SUBMIT
Any comments, suggestions, information, ideas or other submissions that you provide to O-Lux by using the Site or which are otherwise provided to O-Lux in connection with your use of the Site will become O-Lux’ property. The act of providing any such suggestion, ideas, information, feedback, or materials constitutes an assignment to O-Lux of all worldwide right, title and interest, including copyright and other intellectual property rights, in and to the material and information you provide to O-Lux. O-Lux will be under no obligation whatsoever to use, respond to or pay any compensation with respect to any idea, information, submission or suggestion provided by you and may remove or delete any such idea, information, suggestion or submission at any time in O-Lux’ sole discretion. No information, material, or comment provided to O-Lux by you through the Site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By providing any comment, information, suggestion, idea or other submissions to O-Lux, you represent and warrant that you own or otherwise control all of the rights to such comments, suggestions, ideas, information or submissions including, without limitation, all the rights necessary for you to provide such comments, suggestions, ideas or submissions to O-Lux and for O-Lux to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell the same.
DISCLAIMER
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. O-Lux MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. O-Lux HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL O-Lux BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE OF DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF O-Lux HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
INDEMNIFICATION BY YOU
By using the Site, you agree to indemnify, defend and hold harmless O-Lux, its employees, directors, officers, agents, and affiliates from and against any and all claims, damages, and costs, including reasonable attorneys’ fees and related expenses, arising from or related to your use of the Site or the material provided therein, any breach by you of these Terms of Use and any use by O-Lux or its related companies of information provided by you.
TERMINATION/ACCESS RESTRICTION
O-Lux reserves the right, in its sole discretion, to terminate your access to any or all of the Site or any portion thereof at any time, without notice.
PRIVACY POLICY
You may submit personal or company information to O-Lux through the Site. The use of such information is governed by the O-Lux Privacy Policy.
GENERAL
The Site is controlled and operated by O-Lux. Any dispute arising by virtue of your use of the Site or any material found thereon will be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in Chicago, Illinois. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and O-Lux as a result of this agreement or use of the Site. O-Lux’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of O-Lux’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by O-Lux with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and O-Lux with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and O-Lux with respect to the Site. In the event that any of these Terms of Use conflict with any other terms and guidelines contained within the Site, then these Terms of Use shall control. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.