Please Read the Following Terms and Conditions of Use Carefully. This Web site (the Web site) is provided by Optima Batteries (Aust) Pty Ltd and is subject to the following Terms and Conditions of Use. By using this Web site or any application provided through this Web site, you are agreeing to these Terms and Conditions of Use.
The Web site contains trademarks, service marks, copyrighted material and other content owned by Optima Batteries (Aust) Pty Ltd and others (Content). Optima Batteries (Aust) Pty Ltd and/or its affiliates is the sole owner of all Content on the Web site, including all copyrights, trademarks and other intellectual property rights. Other than as expressly noted on the Web site, you may print a copy of individual screens or download material appearing as part of the Web site solely for your personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. In these Terms and Conditions of Use, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content without the prior written permission of Optima Batteries (Aust) Pty Ltd.
You may not transmit in any way User Content on or through the Web site that: (i) infringes any proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, deceptive, fraudulent, sexually graphic, hateful, or invasive of another’s privacy; (iii) victimizes, harasses, degrades, or intimidates an individual or group on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or contribute to any other similarly destructive activity. You also agree that you will not: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (ii) forge or otherwise manipulate User Content in order to disguise the origin of any User Content; (iii) interfere with or disrupt the Web site or servers or networks connected to the Web site, or disobey any requirements or policies of networks connected to the Web site; (iv) infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web site; (v) collect or store information about the Users of the Web site or the User Content posted by others on the Web site or use such information for any purpose inconsistent with the purpose of the Web site; or (vi) violate any applicable local, state, national or international law or regulation.
THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OPTIMA BATTERIES (AUST) PTY LTD SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE WEBSITE AND THE CONTENT THEREIN; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL OPTIMA BATTERIES (AUST) PTY LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (I) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF OPTIMA BATTERIES (AUST) PTY LTD OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.
By using the Web site, you agree to defend, indemnify and hold Optima Batteries (Aust) Pty Ltd , its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web site, any violation of these Terms and Conditions of Use by you, or any User Content you transmit on or through the Web site.
Optima Batteries (Aust) Pty Ltd may change these Terms and Conditions of Use from time to time in its sole discretion, without actual notice. Any change will appear on this page of the Web site. You are encouraged to check for changes to these Terms and Conditions of Use regularly. By using the Web site following any modifications to these Terms and Conditions of Use, you agree to be bound by any such modifications.