Fiber Optic Technologies Web Site Policies


Internet Website Terms and Conditions

PLEASE READ THE FOLLOWING TERMS, CONDITIONS AND NOTICES CAREFULLY.

By accessing and using the pages in this Website, you are deemed to have agreed, without modification, to all the terms and conditions contained herein. If you do not agree with any of the Terms and Conditions, you should not use this site.

RESTRICTIONS ON USE

Sometimes hereafter in these Terms and Conditions, Fiber Optic Technologies. and its Affiliates are for purposes of convenience collectively referred to as "Fiber Optic Technologies and its Affiliates".

The contents of Fiber Optic Technologies's web site are only for users' personal, non-commercial use. All materials contained on Fiber Optic Technologies's web site is protected by copyright, and is owned or controlled by Fiber Optic Technologies and its Affiliates or the party credited as the provider of the content. Users must abide by any and all additional copyright notices, information, or restrictions contained in any content on the Fiber Optic Technologies Web Site. Users may download and make one copy of the content and other downloadable items displayed on Web Site for personal, noncommercial use only, provided that users maintain all copyright and other notices contained in such content. No graphics, including logos, available from this Website may be used separately from accompanying text and the material in this site is provided for lawful purposes only. Use for any other purpose is expressly prohibited by law.

RESTRICTION OF LIABILITY

The material in this site could include technical inaccuracies or typographical errors. Periodically and at any time, changes, improvements or additions may be made to the information in this Website.

NEITHER Fiber Optic Technologies NOR ANY OF THEIR RESPECTIVE DIRECTORS, AGENTS, LICENSORS, SUPPLIERS, AFFILIATES, EMPLOYEES OR REPRESENTATIVES (HEREIN IN THIS SECTION BEING COLLECTIVELY CALLED "Fiber Optic Technologies") MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, DOCUMENTS AND RELATED GRAPHICS, SOFTWARE, PRODUCTS, AND SERVICES (COLLECTIVELY CALLED THE "MATERIALS") CONTAINED ON THIS WEBSITE FOR ANY PURPOSE.

THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Fiber Optic Technologies DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF USAGE OF TRADE OR COURSE OF DEALING IN ADDITION TO WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT. Fiber Optic Technologies DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF PERFORMANCE FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OF TRANSMISSION, LINE INTERFERENCE, AND OF VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. Fiber Optic Technologies DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN NO EVENT SHALL Fiber Optic Technologies BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR CAUSED BY THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY MATERIALS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Fiber Optic Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU, AND NOT Fiber Optic Technologies, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. Fiber Optic Technologies TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE.



SUBMISSIONS

All feedback data such as remarks, suggestions, questions, comments, ideas, graphics, or other information communicated directly or indirectly to Fiber Optic Technologies through this Website (collectively called the "Submission") will forever be the property of Fiber Optic Technologies. Fiber Optic Technologies will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Fiber Optic Technologies operations. Without limitation, Fiber Optic Technologies will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Fiber Optic Technologies will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. Such rights shall include, but not be limited to, the freedom to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Submission to others without limitation.

You acknowledge that you are responsible for whatever material you submit, and you, not Fiber Optic Technologies, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

You waive any and all moral rights in the Submission. Further, Fiber Optic Technologies shall be free to use any ideas, concepts, know-how or techniques contained in such Submission for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Submission.

USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS

To the extent that this Website contains bulletin boards, chat rooms, or other message or communication facilities ("Forums"), you agree to use such forums only to send and receive messages and material that are proper and related to the particular forum.

The Forums shall be used only in a non-commercial manner. You shall not, without the express approval of Fiber Optic Technologies, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

While Fiber Optic Technologies and its Affiliates do not and cannot review every message posted by you in the Forums and is not responsible for any content of these messages, Fiber Optic Technologies and its Affiliates reserve the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. You shall remain solely responsible for the content of your messages.

When using a Forum, you shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, abusive, indecent or unlawful material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; falsify the origin or source of software or other material contained in a file that is uploaded; advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose; and download any file that you know, or reasonably should know, cannot be legally distributed via this Website.

You agree to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Website only as permitted by these Terms and Conditions, any additional policies or procedures published in this Website from time to time by Fiber Optic Technologies, and applicable law. In addition, you warrant that all moral rights in any uploaded materials have been waived

Fiber Optic Technologies and its Affiliates reserve the right for any reason to remove without notice any contents of this Website received from you, including without limitation bulletin board postings. Fiber Optic Technologies and its Affiliates reserve the right to deny in its sole discretion any visitor whom access to this Website or any portion thereof without notice. Fiber Optic Technologies and its Affiliates reserve the right to edit any notices or postings for clarity and length.

You acknowledge that chats, conferences, bulletin boards and any other such communications forums hosted by this Website are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by yourself and others are not endorsed by Fiber Optic Technologies, and such communications shall not be considered reviewed, screened, or approved by Fiber Optic Technologies.

LINKS AND POINTERS

The Fiber Optic Technologies Web Site may contain links and pointers to other related World Wide Web Internet sites, resources, and sponsors of the Fiber Optic Technologies Web Site. Links to and from the Fiber Optic Technologies Web Site to other sites, maintained by third parties, do not constitute an endorsement by Fiber Optic Technologies or any of its subsidiaries or affiliates of any third party resources or their contents.

Fiber Optic Technologies does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Fiber Optic Technologies Web Site. Fiber Optic Technologies reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Fiber Optic Technologies Web Site.

Fiber Optic Technologies does not and cannot review all materials posted to the Fiber Optic Technologies Web Site by users, and Fiber Optic Technologies is not responsible for any such materials posted by users. However, Fiber Optic Technologies reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Fiber Optic Technologies's sole discretion are objectionable or in contradiction of these terms and conditions.

IN NO EVENT WILL Fiber Optic Technologies AND ITS AFFILIATES BE LIABLE TO ANY PARTY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REPRESENTATIONS AND WARRANTIES

Fiber Optic Technologies and its Affiliates do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through this Website by any visitor, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Fiber Optic Technologies and its Affiliates reserve the right, in their sole discretion, to correct any errors or omissions in any portion of the Website.

Information Fiber Optic Technologies publishes on the World Wide Web may contain references or cross references Fiber Optic Technologies products, programs and services that are not announced or available in your country. Such references do not imply that Fiber Optic Technologies intends to announce such products, programs or services in your country. Consult your local Fiber Optic Technologies business contact for information regarding the products, programs and services which may be available to you.

Fiber Optic Technologies products and services are available in many parts of the world. However, the Fiber Optic Technologies Website may describe products and services that are not available worldwide.

Fiber Optic Technologies is an equal opportunity employer committed to a diverse workforce. Fiber Optic Technologies Affiliates each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.

JURISDICTION

Except as described otherwise, all materials in Fiber Optic Technologies and its Affiliates' Websites are made available only to provide information about Fiber Optic Technologies and its Affiliates. Fiber Optic Technologies operates from its headquarters in Mississauga, Ontario, Inc. and makes no representation that the materials appearing in this Website are appropriate or available for use in other locations. If you use this Website from other locations you are responsible for compliance with applicable local laws.

TRADEMARK AND COPYRIGHT INFORMATION

The following trademarks used herein are owned by Fiber Optic Technologies and its affiliates and are licensed to Fiber Optic Technologies.

All other trademarks are the property of the respective trademark owners.

All contents of this Website are: Copyright © 2002 Fiber Optic Technologies of Inc. Limited and/or its suppliers, Fiber Optic Technologies, 2550 Goldenridge Road, Unit 34, Mississauga, Ontario L4X 2S3. All rights reserved.

TERMINATION

Fiber Optic Technologies or you may terminate these Terms and Conditions at any time. You may terminate these Terms and Conditions by destroying: (a) all materials obtained from all Fiber Optic Technologies and its Affiliates' Websites; and (b) all related documentation and all copies and installations (together, the "Materials"). Fiber Optic Technologies may terminate these Terms and Conditions immediately without notice if, in its sole judgment, you breach any term or condition of these Terms and Conditions. Upon termination, you must destroy all materials. You expressly save and hold Fiber Optic Technologies, its Affiliates, agents, licensors and related, affiliated, or subsidiary companies harmless from any and all liability of any kind or nature whatsoever to you or any third parties which may arise from your acts under these Terms and Conditions.

MISCELLANEOUS

Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.

Fiber Optic Technologies and its Affiliates reserve the right to make any and all changes to this Website at their sole discretion without notice to you. Fiber Optic Technologies reserves the right to deny access to this Website to anyone at anytime.

These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and these Terms and Conditions, these Terms and Conditions shall control.

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the Province of Ontario, Inc., notwithstanding any principles of conflicts of law. You consent to the exclusive jurisdiction and venue of courts of Ontario in all disputes arising out of or relating to these Terms and Conditions and the use of this Website. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Possible evidence of use of this Website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this Website. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between yourself and Fiber Optic Technologies as a result of this agreement or use of this Website.

You agree not to hold yourself out as a representative, agent, or employee of Fiber Optic Technologies and Fiber Optic Technologies shall not be liable for any representation, act or omission by you. Fiber Optic Technologies can revise these Terms and Conditions at any time by updating this posting.

Any rights not expressly granted herein are reserved

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