Legal Notice - Welcome to MASAR Technologies, Inc.
's World Wide Web Site
WEBSITE TERMS AND CONDITIONS - Limited License to Use Site:
PLEASE READ CAREFULLY
YOUR ACCESS TO, AND USING THIS SITE AUTOMATICALLY
PLEASE DO NOT USE THIS SITE. THANK YOU.
Subject to these terms, conditions and restrictions, MASAR Technologies, Inc. ("MASAR Technologies") grants to each legitimate user of this site, accessing this site through a publicly-authorized and available web address or hyperlink, or through an email, telephone or other auhtorized notices, a non-exclusive, non-transferable,
limited right to access, use and display this site and the information presented on this site,
including software demos and downloads. No user shall attempt to interfere with the operation of this site in any way.
For purposes of these terms, conditions and restrictions, other communication media employed in conjunction with use of this site, including telephone and email augmentation, shall be deemed to be part of this site and the information provided in such other communication media shall be deemed to be information presented on this site.
This site is not intended for use by any natural person under eighteen years of age and no license to use the site is granted to such persons.
Who We Are Back to Top
MASAR Technologies maintains this site for itself and as a convenience for its customers. Customers may use this site for product ordering or demonstration purposes or for other informational needs.
This site is provided by MASAR Technologies primarily for sharing common product information and website resources. Unless expressly stated otherwise, this site is not intended to establish any new or additional privity of contract, or agency or other relationship between MASAR Technologies and customers. No agency, employment or franchise relationship with MASAR Technologies is being created through use of this site.
Nature of the Information Back to Top
The information and functionality contained in this site has been provided as a convenience and, in some cases, is provided by outside sources. This site has been supplied upon the condition that you will make your own determination as to the suitability of information contained in this site before use and that you have the proper qualifications or expertise to properly evaluate and use that information. None of the information presented on this site is intended as legal advice; competent legal advisors should be consulted as required. Although we attempt to make all information accurate at the time it is posted to the site, we cannot guarantee or warrant completeness or accuracy, or that information will be updated. We make no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where the site's contents are illegal is prohibited. MASAR Technologies can assist you with the
availability of our products and services. We may at our own discretion and choice, modify or discontinue this site or specific portions of it, without notice. Subsequent re-use of this site shall be deemed an agreement to any previously revised terms, conditions and restrictions.
Governing Law and Venue Back to Top
With respect to matters arising under this site, the governing law, without regard to principles of conflicts of laws, and venue shall be: (i) for a particular matter arising on a given webpage on this site, the choice of law and venue specified online for that matter, if any, (ii) for an online product sale, the choice of law and venue specified in the accompanying online terms and conditions, or in the absence of such specification, the law of, and venue in the place where MASAR Technologies has its main office, (iii) unless otherwise determined under clauses (i) or (ii) for all other matters, including matters where no choice of law or venue is specified and matters regarding these terms, conditions and restrictions, the law shall be the law of the State of Arizona, United States of America, without regard to its principles of conflicts of laws, and the venue shall be the United States Western District Court or any other court of competent jurisdiction within the State of Arizona.
Jurisdictional Issues. Back to Top
The existence of this site and the ability to request information or request or order products through the site is not an offer to sell or solicit or do business in those countries or jurisdictions in which we are not permitted by law to do business or in which we do not already conduct business. Neither the existence of this site nor the accessibility of content of this site is intended to establish any new or additional jurisdictional or tax contacts or relationships for MASAR Technologies within any country or jurisdiction in which MASAR Technologies does not already conduct business.
You are responsible for compliance with all local laws applicable to you with respect to the content and operation of this site.
Online Product Orders Back to Top
Nothing contained in this site shall constitute an offer by MASAR Technologies to buy or sell products or services. No agreement to buy or sell products or services shall be formed by means of the use of this site until an order is placed by a user and then accepted by, MASAR Technologies, in the manner described in the specific ordering information provided with the online product or service descriptions. Once an agreement has been formed, the terms and conditions of the agreement shall be the terms and conditions of MASAR Technologies governing the purchase or sale, as the case may be, presented on-line at the time of order. All product requests or orders are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such product requests or orders.
Hyperlinks Back to Top
For your convenience, this site contains hyperlinks to other websites unrelated to MASAR Technologies. If you use these links, you will leave this site. We are not responsible for the privacy practices, security or content of any such linked sites. Links to other sites do not imply that MASAR Technologies endorses, approves, or sponsors any information available at the linked site or any products or services that may be sold there, nor is MASAR Technologies liable for any damage that might result from your use of such information, products or services. We make no representations about the hyperlinks that other parties may appear to have to this site but which are not active links to the most current information.
Linking to MASAR Technologies' Web Site Back to Top
You may link to, but not replicate, MASAR Technologies web site content, provided you (i)
inform MASAR Technologies in writing of your desire to link MASAR Technologies web site content, (ii)
do not create a browser or border environment around MASAR Technologies web site content, (iii)
do not imply that MASAR Technologies is endorsing you or your products, (iv)
do not misrepresent your relationship or association with MASAR Technologies, (v)
do not present false information about MASAR Technologies products or services, (vi)
do not use MASAR Technologies logo, tradenames or registered trademarkes without permission from MASAR Technologies, and (vii)
do not include MASAR Technologies web site content in a manner that could be construed as unprofessional, distasteful, inappropriate, offensive, illegal or controversial.
Cookies Back to Top
CONTENTS OF WEBSITE-DISCLAIMER Back to Top
THE MATERIALS IN THIS SITE (INCLUDING ANY GRAPHICS, DEMOS, PHOTOGRAPHY, ARTWORK AND DOWNLOADS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITH RESPECT TO THE MATERIALS IN THIS SITE, MASAR TECHNOLOGIES DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MASAR TECHNOLOGIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE MATERIALS IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THE RESPECTIVE DATES SUCH MATERIALS ARE POSTED ON THE SITE. MASAR TECHNOLOGIES
UNDERTAKES NO OBLIGATION TO KEEP SUCH INFORMATION CURRENT.
CERTAIN LINKS IN THIS SITE MAY LINK YOU TO OTHER SITES ON THE WORLD WIDE WEB. BECAUSE MASAR TECHNOLOGIES HAVE NO CONTROL THROUGH THIS SITE ON THE USE OR NATURE OF EITHER THIRD-PARTY LINKS OR HYPERLINKS TO THIRD-PARTY SITES, MASAR TECHNOLOGIES IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MASAR TECHNOLOGIES IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MASAR TECHNOLOGIES IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY, OR AN ENDORSEMENT BY MASAR TECHNOLOGIES OF THE LINKED SITE. MASAR TECHNOLOGIES ALSO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH LINKS OR LINKED SITES, NOR WARRANT THE RESULTS TO BE OBTAINED FROM USING SUCH LINKS OR LINKED SITES FOR ANY PURPOSE, INCLUDING FOR THE PURCHASE OF ANY GOODS OR SERVICES.
OPERATION OF WEBSITE-DISCLAIMER Back to Top
MASAR TECHNOLOGIES ENDEAVORS TO MAINTAIN THIS SITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS SITE, MASAR TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MASAR TECHNOLOGIES AND ITS AUTHORIZED REPRESENTATIVES MAKE NO WARRANTY THAT: (I) THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT MASAR TECHNOLOGIES) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER
EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS SITE.
LIMITATION OF LIABILITY Back to Top
UNDER NO CIRCUMSTANCES SHALL MASAR TECHNOLOGIES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE INFORMATION AVAILABLE IN THIS SITE. MASAR TECHNOLOGIES SHALL NOT BE LIABLE EVEN IF MASAR TECHNOLOGIES OR AN AUTHORIZED REPRESENTATIVE OF MASAR TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, HARDWARE OR SOFTWARE FAILURES, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, THE USE OF INFORMATION ON THIS SITE, AVAILABILITY OF RESOURCES TO
SERVICE THE APPLICATIONS ON THIS SITE, OR FORCE MAJEURE EVENTS.
LIMITATIONS AS TO WEBSITE DISCLAIMERS AND LIABILITY Back to Top
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF MASAR TECHNOLOGIES TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
User Information. Back to Top
Any information, data or material sent through this site to MASAR Technologies will, unless otherwise agreed upon in writing beforehand, be deemed not to be restricted, confidential or proprietary (except that personal data shall be governed by our privacy statement), unless sent pursuant to a separate written confidentiality agreement duly executed by both parties, or written understanding or promise. By sending to MASAR Technologies copyrighted, confidential or proprietary information or data without a confidentiality agreement o rprior understanding or promise, you: (i) have automatically granted to MASAR Technologies, without further agreement or compensation, an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information or data; and (ii) agree that MASAR Technologies and its Authorized Representatives are free to use such information or data, including any ideas, concepts, know-how or techniques, for any purpose, including marketing, commercial promotions and publications.
Export Restrictions Back to Top
This site is maintained and operated by MASAR Technologies from its offices within the United States. We make no representation that the information or other materials accessed through this site are appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the information or the site from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any information or products received hereunder except in full compliance with all United States laws and regulations. In particular, the information or products may not be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country, which may impact your right to import, export or use the information or products.
Proprietary Information Back to Top
MASAR Technologies owns the copyrights for all of the material on this site (including graphics, multi-media presentations, demos, photography and artwork), or has a valid right from a third party to use material on this site. Trademarks and trade names belonging to MASAR Technologies are protected under the laws of various jurisdictions and have been registered in various countries where registration is legally required or considered to be beneficial. No part of this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only (except that all copyrighted photography and artwork are not permitted to be copied, displayed or otherwise used by any site visitor for any purpose whatsoever without the prior written permission of MASAR Technologies, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights of MASAR Technologies. The use of any such material on any other site or computer network
without the prior written consent of MASAR Technologies, as applicable, is prohibited. Permission to link to our information will not be granted to a site that frames or otherwise presents our information in a manner that does not attribute such information to us. Your use of the trademarks, service marks and trade names on this site in any manner other than as authorized in these terms, conditions and restrictions, or as authorized in writing by MASAR Technologies, is strictly prohibited. Presentation of information in this site is not intended to confer any proprietary or other rights in our trademarks, tradenames, copyrights, patents or other proprietary rights or information nor is it intended to infringe patent rights or other intellectual property rights held by others. Linking to other sites does not imply that MASAR Technologies or the linked site has any legal authorization to any trademark, trade name, logo or copyright of the other.
Electronic Commerce Back to Top
This site does not accept notices sent by electronic means except with respect to a particular portion of our site, such portion invites electronic contracting via third-party payment transcations, in which case electronic action in such manner shall bind us and you as a user on the terms and conditions provided. Clicking on "Buy Now" buttons on this site is intended as a binding electronic acceptance whose contract provisions are those terms and conditions provided online. Similarly, use of this site constitutes the user's binding agreement to these terms, conditions and restrictions and our binding agreement to provide the information on this site on that basis.
Updates and Revisions Back to Top
MASAR Technologies may update or revise these Terms at any time by updating this page. You should visit this page from time to time
to review the then-current Terms, as indicated by the Last Update date posted at the bottom of this page, because they are binding on you. Certain provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular pages on this Site.
PRIVACY AND SECURITY Back to Top
The privacy and the security of your information is important to us. We take care to ensure that the online data profiles that you create and submit to us on this site are used by us, our authorized representatives and our business partners to fulfill our internal purposes in serving you as a customer, including fulfilling product orders, or, as a prospective customer, notifying you of our products and services that we think might be of interest to you. We use industry-standard security measures to protect these profiles and to ensure the security and fulfillment of your online orders through our site. Our site's security measures are intended to protect the loss, misuse or alteration of information under our control. These measures may not fully protect such information in all cases, therefore you should exercise care in using this site.
Unless we are required to do so by law, we will not reveal to any party, other than our authorized representatives and business partners, your online profile that you submitted to us. We will not sell or publicize your online profile or any materials or other information specific to your identity submitted by you to us online, unless: (i) we first receive your permission; (ii) we notify you before we collect your online profile, materials or other information that such could be published, sold or traded; (iii) required by law; (iv) we feel it is necessary in order to protect the integrity or security of our site; (v) in conjunction with the sale of substantially all of the business of the product line(s), to which your individual online profile relates; (vi) required by the "company" identified in your individual online profile or (vii) you have violated our site terms, conditions and restrictions and we feel it is necessary to protect our business or is in the interest of an individual's personal
safety. You have the right upon request to view and verify the contents of your online profile.
Periodically, we create statistical reports that include aggregate data regarding our customers. These reports may also include information on sales, traffic patterns, and similar site related information. The amount of information we gather from you may depend on the settings you have on your browser; please refer to your browser to learn what information it sends. Our reports are used for various purposes, including improving our site. Aggregate data may be shared with external parties, such as industry trade associations, marketing organizations, or organizations providing actuarial, research study or similar services. However, no information by which any individual customer could be identified is part of the aggregate data that is shared.
This privacy and security statement is subject to our Web Site Terms and Conditions.
Contacts Back to Top
If you have any question about these terms and conditions or privacy issues, please contact us at:
MASAR Technologies, Inc.
1688 Lost Moon Court, Tucson, Arizona 85737, USA.