ThinOptics Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ThinOptics. The collective work includes works that are licensed to ThinOptics.
Copyright 2013, ThinOptics ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ThinOptics or purchasing ThinOptics products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ThinOptics or to purchase ThinOptics products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ThinOptics. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of ThinOptics used in the site are trademarks or registered trademarks of ThinOptics
This site is provided "as is" and without warranties of any kind, whether express or implied. For warranty and return information pertaining to products offered on this site, please visit our faq page. To the fullest extent permissible pursuant to applicable law, ThinOptics disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
ThinOptics does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ThinOptics does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
ThinOptics shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if ThinOptics has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a ThinOptics product is mistakenly listed at an incorrect price, ThinOptics reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. ThinOptics reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ThinOptics shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ThinOptics without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
ThinOptics may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ThinOptics.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ThinOptics products) shall be in the state or federal courts located in Santa Clara County, California.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ThinOptics products) must be commenced within one (1) year after the claim or cause of action arises. ThinOptics's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ThinOptics may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ThinOptics or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
All photos are owned by ThinOptics and cannot be used or altered without consent. ThinOptics has the right to modify, change or amend these photos and videos anytime.
ThinOptics does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ThinOptics is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ThinOptics reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ThinOptics in its sole discretion.
You agree to indemnify, defend, and hold harmless ThinOptics, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, ThinOptics may link to sites operated by third parties. However, even if the third party is affiliated with ThinOptics, ThinOptics has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ThinOptics. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ThinOptics seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Any user reviews and/or photos submitted to our website may be used for marketing and social posting purposes. The statements, photos, testimonials, and opinions are applicable to the individual depicted. Experience may not be the same with others. The reviewers are not paid nor provided free products in exchange for their statements or participation.
Exclusions and Limitations
ThinOptics' obligations for the Product purchased by the end-user ("You") are limited to the terms set forth below:
BY USING A PRODUCT MANUFACTURED BY OR FOR THINOPTICS (A "PRODUCT") YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE THINOPTICS GUARANTEE (“GUARANTEE”) AS SET OUT BELOW.
IF YOU DO NOT AGREE TO THE TERMS OF THE GUARANTEE, DO NOT USE THE PRODUCT AND RETURN IT TO US UNOPENED WITHIN 30 DAYS OF PURCHASE FOR A REFUND.
Except as expressly set forth in this Guarantee, ThinOptics, in so far as permitted by law, provides their Products "as is". ThinOptics is not responsible for damage arising from failure to follow instructions relating to use of the Product.
This Guarantee does not apply: (a) to damage caused by use with another product; (b) altered products
This guarantee gives you specific legal rights, and you may also have other rights which vary from state to state. ThinOptics’ responsibility for defects is limited to replacement service as determined by ThinOptics in its sole discretion.
TO THE EXTENT PERMITTED BY LAW, THIS GUARANTEE AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, OR WARRANTIES. THINOPTICS EXPRESSLY DISCLAIMS ANY STATUTORY OR IMPLIED GUARANTEE OR CONDITION, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, OR ACCURACY, OR ARISING FROM A COURSE OF DEALING OR TRADE PRACTICE, TO THE EXTENT ALLOWED BY APPLICABLE LAW.
To the extent an implied guarantee cannot be excluded, such guarantee is limited in duration to the period set forth above. No warranties, whether express or implied, will apply after the expiration of the applicable guarantee period. Some states do not allow limitations on how long an implied guarantee lasts, so this limitation may not apply to you. No ThinOptics dealer, distributor, reseller, agent, or employee is authorized to make any modification, extension or addition to this guarantee.
THINOPTICS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF GUARANTEE OR CONDITION, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, OR COMMERCIAL LOSS EVEN IF THINOPTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.
ThinOptics may restrict service to the fifty states of the United States of America and the District of Columbia.
ThinOptics reserves the right to refuse service to any customer that is using abusive language or actions toward any ThinOptics employee.
In accordance with applicable law, ThinOptics may require that you furnish proof of purchase details and/or comply with registration requirements before receiving guarantee service.
Note that in the European Union, any guarantee period less than two years shall be increased to two years.