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THE JTOPTICS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE JTOPTICS WEBSITES IS WITH YOU. EXCEPT AS OTHERWISE STATED IN THESE TERMS, SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT HP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. JTOPTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE JTOPTICS WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JTOPTICS MAKES NO WARRANTY THAT THE JTOPTICS WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE JTOPTICS WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE JTOPTICS WEBSITES WILL BE CORRECTED. JTOPTICS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE JTOPTICS WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE JTOPTICS WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE JTOPTICS WEBSITES OR FROM HP, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE JTOPTICS PARTIES") SHALL CREATE ANY WARRANTY. JTOPTICS DISCLAIMS ALL EQUITABLE INDEMNITIES.
Role of JTOPTICS and Service Provider
The JTOPTICS online portal is developed, maintained and updated by JTOPTICS. The process of payment authorization and receipt, order acceptance and fulfillment, and other physical portions of a transaction are managed by the Service provider. As stated, Service Provider shall be solely responsible for fulfillment of all orders successfully placed through the Store including but not limited to invoicing, payment processing and product delivery to customers. In no event shall JTOPTICS, its affiliates, directors, officers, agents, consultants or employees etc. be liable for any purchases made through the JTOPTICS Online store. You hereby to the fullest extent permissible waive any and all claims that you may have against JTOPTICS and its Representatives arising as a result of or in relation to the JTOPTICS online store or purchases made through the JTOPTICS Online store including, inter-alia, claims relating to payment and delivery of the products.
Use of the JTOPTICS Online store
Certain areas of the JTOPTICS
Websites (e.g., chat rooms or customer ratings and review areas) may permit you
to submit feedback, information, data, text, software, music, sound,
photographs, graphics, video, messages, or other materials (each, a "User
Submission"). By submitting a User Submission, you grant to JTOPTICS an
irrevocable, perpetual, transferable, non-exclusive, royalty free, worldwide,
license (sub-licensable through multiple tiers) to (a) use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform, and publicly
display your User Submissions (or any modification thereto), in whole or in
part, in any format or medium now known or later developed and (b) use (and
permit others to use) your User Submission in any manner and for any purpose
(including, without limitation, commercial purposes) that JTOPTICS deems
appropriate in its sole discretion (including, without limitation, to
incorporate your User Submission or any modification thereto, in whole or in
part, into any technology, product, or service). JTOPTICS reserves the right to
display advertisements in connection with User Submissions and to use User
Submissions for advertising and promotional purposes. JTOPTICS may, but is not
obligated to, pre-screen User Submissions or monitor any area of the JTOPTICS Websites
through which User Submissions may be submitted. You agree that you are solely
responsible for all of your User Submissions. JTOPTICS is not required to host,
display, or distribute any User Submissions on or through the JTOPTICS Websites
and may remove at any time or refuse any User Submissions for any reason. JTOPTICS
is not responsible for any loss, theft, or damage of any kind to any User Submissions.
JTOPTICS does not want to receive any User Submission that is confidential. You
understand and agree that any User Submission will be considered
non-confidential and non-proprietary and that JTOPTICS will be free to disclose
your User Submission to any third party absent any obligation of confidence on
the part of the recipient. JTOPTICS does not guarantee that you will have any
recourse through JTOPTICS or any third party to edit or delete any User
Submission you have submitted.