Infrared Pens

By accessing INFRAREDPENS.COM you accept this Agreement without limitation or qualification.

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND INFRAREDPENS.COM. BY ACCESSING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. INFRAREDPENS.COM, grants you, the end user, a non-transferable, non-exclusive license to browse, respond to and otherwise use this web site, solely for your own personal use, with only one central processing unit at any one time.

2. You may not copy, translate, port, adapt, modify or make derivative works of, or otherwise use any content contained on INFRAREDPENS.COM. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the web site by reverse engineering, disassembly, decompilation or any other means.

3. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer any content or products or use them in any manner not expressly authorized by this Agreement.

4. This Site may contain hyperlinks to web sites operated by parties other than INFRAREDPENS.COM or its affiliates. Such hyperlinks are provided for your reference only. INFRAREDPENS.COM does not control such web sites, and is not responsible for their contents. Inclusion of hyperlinks by INFRAREDPENS.COM to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the privacy policy you just read is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.

5. Any communication or material you send to INFRAREDPENS.COM, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to INFRAREDPENS.COM may be used for any purpose including, but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting.

6. INFRAREDPENS.COM neither warrants nor represents that your use of the material displayed on its web site will not infringe rights of third parties.

7. Any trademarks, logos, and service marks (collectively the Trademarks) displayed on INFRAREDPENS.COM, whether registered or unregistered are property of its respective owners. Nothing contained on INFRAREDPENS.COM should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on INFRAREDPENS.COM without the written permission of the owner of the Trademark. Misuse of any Trademarks, or any other content, displayed on INFRAREDPENS.COM is prohibited.

8. The INFRAREDPENS.COM site is provided to you on an AS IS basis. INFRAREDPENS.COM MAKES AND END USER RECEIVES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. INFRAREDPENS.COM does not warrant that the web site will meet your needs or expectations, that operations of the web site will be error free or uninterrupted, or that all nonconformities can or will be corrected. The site is complex and may unknowingly contain some nonconformities, defects, viruses or errors.

9. You assume the entire risk of loss in using the web site.

10. IN NO EVENT SHALL INFRAREDPENS.COM BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY USER (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA) IRRESPECTIVE OF WHETHER INFRAREDPENS.COM HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF INFRAREDPENS.COM'S DISCLAIMER OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, END USER AGREES THAT INFRAREDPENS.COM'S LIABILITY SHALL NOT EXCEED $100.00.

11. INFRAREDPENS.COM may periodically add, change, or improve any of the information, products, services, programs, and technology described on its web site without notice.

12. MISCELLANEOUS.

12.1 This is the exclusive and entire Agreement between INFRAREDPENS.COM and you regarding its subject matter.

12.2 Any legal dispute which may arise from or in connection with this Agreement, web site or its contents will be governed by the laws of the State of California. All parties to any such dispute will submit to the exclusive jurisdiction of the federal and/or state courts of the State of California for all purposes. U.S. Copyright and Federal Trademark laws will be strictly enforced, subjecting violators to substantial civil and/or criminal prosecution.

12.3 You shall pay any taxes on transactions that may occur on the web site.

12.4. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect.