Terms and Conditions
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:
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.
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
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.
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
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.
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.
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.
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.