These Terms and Conditions are an agreement (the “Agreement”) between you and/or any company or other organization on whose behalf you are acting and Tower Optical Corporation (“Tower” or “we”).
By your access and use of this Site, you agree, without limitation, to be bound by and to comply with this Agreement and all future amendments to it. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT USE THIS SITE.
Tower provides its services, products, and the use of this Site, to you subject to the notices, terms, and conditions set forth herein. By using this Site you will be subject to the rules, guidelines, policies, terms, and conditions applicable to this Site, www.toweroptical.com. Tower reserves the right to change this Site and this Agreement at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS SPECIFIED HEREIN.
Tower may change the terms and conditions of this Agreement from time to time for any reason. When we make such changes, we will post notification of them on our main page. Your continued use of this site after notification of such changes has been posted shall constitute your assent to be bound by these changes.
All information including, but not limited to, text, messages, graphics, video, sounds, data, software, articles, newsletters and any other material posted on this Site, with the exception of User Generated Content, is the sole property of Tower and/or its licensors, as applicable, who retain all right, title and interest in such content (“Tower Content”).
This Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All Tower Content on the Site is protected by copyright, and is owned or controlled by Tower or its licensors, as applicable. You will abide by any and all additional copyright notices, information, or restrictions contained in any Tower Content or User Generated Content on the Site. You may not modify, publish, retransmit, participate in the transfer, sale or resale of, copy (other than temporary copies that may appear in or be created by your browser), create derivative works of, distribute, perform or display any Tower Content in any way, except that you may make one copy for your personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Tower Content.
The trademarks, logos, service marks, page headers, custom graphics, button icons, scripts, and trade dress displayed on the Site may be trademarks of Tower or others. Except as provided in this Agreement or by written permission of Tower, you may not copy, imitate, or use such trademarks.
You, or third parties, are not allowed to frame the Site, or use Tower’s proprietary marks as meta tags, without Tower’s written consent. You may not use frames or utilize framing techniques or technology to enclose any Tower Content without Tower’s express written consent. Further, you may not utilize any Tower Content in any meta tags or any other “hidden text” techniques or technologies without Tower’s express written consent.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Tower in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless expressly permitted by Tower in advance. Tower reserves the right to cancel orders at its discretion.
Representations, Warranties and Covenants
You represent, warrant and covenant that:
(a) you are at least 18 years old;
(c) you will not upload, post or transmit to, or distribute or otherwise publish or disseminate through the Site, either directly or indirectly, any materials including, but not limited to, in the form of User Generated Content, which (i) restricts or inhibits any other user from using the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or, otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) are unsolicited email (“Spam”), or (viii) constitute or contain false or misleading indications of origin or statements of fact;
(d) you will fully comply with all applicable rules, regulations and laws, whether local, state, federal or international.
You agree to indemnify, defend and hold harmless Tower, from and against any claim, liability, cost, damage, expense, or loss it may incur (including, without limitation, reasonable attorneys’ fees and costs) as a result of (i) your use of User Generated Content or Tower Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others. Tower reserves the right, but not the obligation to, at its own expense, assume control of the defense of any action subject to indemnification by you under this Agreement. You agree not to settle any claim arising under this Agreement without the prior written consent of Tower. You will use your best efforts to cooperate with Tower in the defense of any claim.
Some features on the Site require registration. By registering at, and in consideration of, your use of the Site you agree to provide, true, accurate, current, and complete information about yourself, and to maintain and promptly update such information. You may only maintain one active registration with Tower. By accepting this Agreement, you certify that you have no other registration with Tower.
Some features on the Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions which occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, you must notify Tower immediately. Tower will assume that any communication it receives under your password will have been made by you unless Tower receives notice otherwise.
Site Changes and Termination
Tower may for any reason change, suspend, or discontinue any aspect of the Site, this Agreement, Tower Content, or User Generated Content at any time without notice or liability to you (“Changes”). Changes become effective upon posting on the Site. Your use of the Site after the time Changes are posted indicates your assent to the Changes. Tower may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Your exclusive remedy in the event of any of the foregoing will be to terminate your use of the Site. Upon termination, you must immediately destroy any downloaded and/or printed Tower Content, and any installations thereof which you have obtained from the Site, if any.
All prices on this site are subject to change without notice. The prices shown in the current Tower catalog supersede any previous Tower catalog. Tower reserves the right to correct misprints.
Your purchase of Tower products or services through the Site is deemed your further assent to the terms of this Agreement. The terms of this Agreement cannot be modified by the terms specified in any purchase order you submit to Tower.
All exports are subject to the jurisdiction of the U.S. Department of State, U.S. Department of Commerce and other U.S. governmental organizations. Tower products, technology and data are exported from the U.S. in accordance with applicable U.S. laws and regulations, including, but not limited to, the Export Administration Regulations and the International Traffic in Arms Regulations (ITAR), as applicable. Re-export or diversion contrary to U.S. law is prohibited. Tower does not sell or provide products or services to, or provide information to, directly or indirectly, individuals located in or representing the following countries: Afghanistan, Burma (Myanmar), Cuba, Iran, Iraq, Liberia, Libya, North Korea (democratic People’s Republic of Korea), Sudan, Syria and Zimbabwe. Tower reviews all orders or requests for quotation on a case by case basis pursuant to U.S. laws and regulations.
Certain categories of products, services and technology require an export license and/or investigation of the ultimate destination and uses to which they will be put before being eligible for export. You agree to cooperate with such investigation to the extent required by U.S. law. All terms of international orders are subject to change without notice.
By accessing, downloading, purchasing or using any material included on the Site including, but not limited to, software, documentation, products or technical information you represent and warrant that you are in compliance with and shall abide by any such applicable export laws and regulations. Tower makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
DISCLAIMER OF TOWER WARRANTIES AND LIABILITIES
TOWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE COMPLETENESS, TRUTH, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT FOUND HEREIN. ALL CONTENT PROVIDED ON THE TOWER SITE IS TO BE USED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. FURTHER, TOWER MAKES NO WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES, WORMS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS OR WILL BE ACCURATE, RELIABLE OR RESULT IN REVENUE OR SAVINGS TO YOU.
YOU AGREE THAT TOWER WILL NOT BE HELD LIABLE TO ANYONE FOR ANY LOSS OR INJURY RESULTING FROM YOUR DIRECT OR INDIRECT USE OF THE TOWER SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY TOWER’S PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING ANY PORTION OF THE TOWER SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SUCH WARRANTIES, SO THIS MAY NOT APPLY TO YOU, BUT THIS DISCLAIMER WILL APPLY TO THE FURTHEST EXTENT ALLOWED BY LAW.
YOU ACKNOWLEDGE THAT TOWER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO THE USE OR INABILITY TO USE THE SITE WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF SUCH DAMAGES, SO THIS MAY NOT APPLY TO YOU, BUT THE WAIVER WILL APPLY TO THE FURTHEST EXTENT ALLOWED BY LAW.
THE SITE CONTAINS OR MAY CONTAIN LINKS TO, AND LINKS FROM, OTHER NON-TOWER SITES. TOWER MAKES NO CLAIM OR REPRESENTATION REGARDING, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR MATERIALS ON SUCH SITES, NOR DOES IT ASSUME ANY RESPONSIBILITY FOR YOUR RELIANCE ON OR USE OF CONTENT, PRODUCTS OR OTHER MATERIALS OBTAINED FROM SUCH SITES. SUCH RELIANCE IS AT YOUR OWN RISK.
Governing Law and Jurisdiction
You agree that all matters relating to your access to this Site, your use of the Site, your purchase of products and or services from Tower, your acquisition of information from this Site, interpretation of any agreement related to this Site, this Agreement or your use of this Site or anything associated with this Site is governed by either U.S. federal law or the law of the State of Florida. You also agree that any legal action or proceeding relating to your access to this Site, your use of the Site, your purchase of products and or services from Tower, your acquisition of information from this Site, interpretation of any agreement related to this Site, this Agreement or your use of this Site or anything associated with this Site shall be instituted in a state or federal court located in Palm Beach County, Florida, which shall have sole and exclusive jurisdiction. You agree to such jurisdiction and that the venue is proper with respect to any such legal action or proceeding and hereby waive any right to forum non conveniens.
This Agreement constitutes the entire agreement between Tower and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and any licenses granted by you to Tower. The failure of Tower to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
Questions Regarding This Agreement
Questions regarding this Agreement should be addressed to:
Tower Optical Corporation
3600 S. Congress Avenue
Boynton Beach, FL 33426