Privacy Policy & Terms of Use
Terms and
Conditions
This website is owned and operated by Westmatic Corporation ("Westmatic").
Your access to and use of the Website is subject to these Terms and Conditions
and all applicable laws. By accessing, browsing and otherwise using the Website,
you accept, without limitation or qualification, these Terms and Conditions:
Trademark
Information
The
trademarks, logos, and service marks (collectively the "Trademarks")
displayed on the Website are registered and unregistered trademarks used by Westmatic
or other third parties. Nothing contained on the Website should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any Trademark displayed on the Website without the written permission of Westmatic
or such third party that may own the Trademark. Your use of any Trademark
without written permission is strictly prohibited.
Copyright Information
All information, data, text, software, music, sound, photographs, graphics,
video, messages or other material ("Content") displayed on the Website
are owned by Westmatic and various third parties. Nothing contained on the Website
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any of the Content without the written permission of Westmatic
or such other party that may own the Content. Any copying, distribution,
retransmission or modification of Content on the Website, whether in electronic
or hard copy form, without the express prior written permission of Westmatic is
strictly prohibited.
The Content on the Website is protected from copying and distribution under
national and international copyright laws and treaties. Copyright © 2014 Westmatic.
All rights reserved.
License to Westmatic
Any communication or material you transmit to the Website electronically or
otherwise, including any data, questions, comments, suggestions, or the like
is, and will be treated as, non-confidential and non-proprietary. Subject to Westmatic's
privacy policy applicable to the Website, anything you transmit or post may be
used by Westmatic or its affiliates for any purpose, including, but not limited
to, reproduction, disclosure, transmission, publication, broadcast and posting.
Furthermore, Westmatic is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to the Website for any
purpose whatsoever including, but not limited to, using that information to
develop, manufacture and market products.
Privacy Policy
You acknowledge that you have read the Westmatic Privacy Policy, the terms of
which are incorporated herein.
Amendment
Westmatic may amend these terms of use at any time by posting the amended terms
on the Website. All amended terms will automatically be effective upon posting
on the Website. If you do not or cannot agree to the amended terms, your only
option is to cease all use and access of the Website.
Links
The Website may contain links to other World Wide Web websites or resources.
Because Westmatic has no control over such websites and resources, you
acknowledge and agree that Westmatic is not responsible for the availability of
such external websites or resources, and does not endorse and is not
responsible or liable for any content, privacy policies, advertising, products,
or other materials on or available from such websites or resources. You further
acknowledge and agree that Westmatic will not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or
services available on or through any such website or resource.
Modification of Website
Westmatic reserves the right to modify or discontinue, temporarily or
permanently, the Website (or any part thereof) with or without notice. You
agree that Westmatic will not be liable to you or to any third party for any
modification, suspension or discontinuance of the Website.
Indemnity
You agree to indemnify and hold Westmatic, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including without limitation, reasonable attorneys' fees,
made by any third party due to or arising out of your use of the Website, your
connection to the Website, your violation of these terms of use, or your
violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WESTMATIC EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WESTMATIC MAKES NO WARRANTY
THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (4) ERRORS IN THE WEBSITE WILL BE
CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Please note that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you. Check your
local laws for any restrictions or limitations regarding the exclusion of
implied warranties.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WESTMATIC WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF WESTMATIC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE;
OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME STATES DO NOT ALLOW
LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
General/Choice of Laws/Jurisdiction
These terms of use constitute the entire agreement between you and Westmatic
and governs your use of the Website, superseding any prior agreements between
you and Westmatic with respect to the Website. The failure of Westmatic to
exercise or enforce any right or provision will not constitute a waiver of such
right or provision. If any provision is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions remain in full force and effect.
THE AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND WESTMATIC WILL BE GOVERNED
BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW
PROVISIONS. YOU AND WESTMATIC AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF
THE STATE AND FEDERAL COURTS IN BUFFALO, NEW YORK.
Online Privacy Policy
Westmatic
Corporation. ("Westmatic") provides you with this online privacy
policy ("Privacy Policy") to let you know Westmatic's information
collection and usage policies and practices that apply to information collected
on the Westmatic website at www.westmatic.com. This Privacy Policy does not apply
to any information that we may collect from you offline or through other
activities.
Information Collection
When you visit the Website, Westmatic collects information about you and your
browsing habits. The information we collect depends on the pages of our website
you visit and what you do during your visit.
Westmatic may collect information from you automatically when you visit the Website,
which may include the name of the domain and host from which you access the
Internet; the Internet protocol (IP) address of your computer; the type of
browser and software operating system you use; the date and time you access our
website; and the Internet address of the website from which you linked to the Website.
Several companies offer tools that allow people to browse the web anonymously.
We cannot provide you a personalized experience if you use these tools, because
we cannot recognize you and your computer. However, we want to ensure you know
of their existence.
Westmatic may also use cookies to enhance browsing the Website.
"Cookies" are small files or records that are placed on your
computer's hard drive to collect information about your activities on our website.
You can choose to have your browser warn you every time a cookie is being sent
to you, and you can turn off cookie placement. If you refuse, your overall
browsing experience can be affected and may prevent you from fully using the Website.
For most of the browsing services on the Website, Westmatic does not require
your personal information. There are portions of the Website where you will be
given the option to provide information about you. The information that you may
be asked to provide may include such information as your name, email address,
telephone number, and address.
Depending on your request and other circumstances, other information may also
be collected. It is your decision whether to provide such information. You are
solely responsible for the content of any information you provide, and you
agree not to provide us with any information that is inaccurate, untruthful or
misleading.
Use of the Information
Westmatic uses the information it collects (whether submitted by you or
automatically collected) to respond to your requests, to provide you with
information that Westmatic thinks may be of interest to you, and to operate its
business. Westmatic may use and distribute non-personally identifying
information in any manner. Westmatic may also disclose your personal
information to its affiliates, agents, and other third parties pursuant to
agreements under which Westmatic will describe how such third parties may use
such information. We may process and distribute the information both inside and
outside the United States.
In addition, Westmatic may disclose aggregated data and statistics, and other
anonymous information, in order to describe the Website to prospective
partners, advertisers, and other third parties, and for other lawful purposes.
Additionally, Westmatic may disclose part or all of a user's personal
information when Westmatic believes, in good faith, that the law requires or
compels such disclosure, or when Westmatic has good faith reason to believe
that disclosure is necessary to protect Westmatic's rights or property, the
rights of another user or to prevent harm. Further, Westmatic may disclose
information provided by you as part of any merger, sale, acquisition, or other
acquisition of same or all of Westmatic or its assets.
Your Choices
Westmatic does not require you to provide personal information in order to use
the Website. However, if you choose to not provide requested personal
information, your ability to use all of the Website's features may be limited
or you may not receive the information that you are requesting. By choosing to
provide personal information, you agree to the terms of this Privacy Policy.
Underage Customers
This Website is not designated nor intended to collect information from
children under the age of 13. In addition, Westmatic does not knowingly collect
information from children under the age of 13. Westmatic markets our products
and services exclusively to adults. If you are younger than age 18, you may use
our website only with the permission and involvement of your parents or
guardian.
Links to Third-Party Websites
When you click on links on the Website and the Intranet link takes you to
third-party web websites; you will be subject to the third parties' privacy
policies. Westmatic cannot and does not accept responsibility for the contents
or actions of any third-party web websites. We encourage you to read the posted
privacy statement of every website you visit, whether you are linking from our website
or browsing on your own.
Changes to Our Privacy Policy
This privacy policy was last changed on January 2, 2014. We reserve the right
to modify or amend this policy at any time by posting the revised privacy
policy on our Website.
