Privacy Policy & Terms of Use

 

Terms and Conditions
This website is owned and operated by Westmatic Corporation ("Westmatic"). 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: 

Trademark Information

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. 

Copyright Information

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 

Any communication or material you transmit to the Website electronically or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Subject to Westmatic's privacy policy applicable to the Website, anything you transmit or post may be used by Westmatic or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Westmatic is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, using that information to develop, manufacture and market products. 

Privacy Policy 

You acknowledge that you have read the Westmatic Privacy Policy, the terms of which are incorporated herein. 

Amendment


Westmatic may amend these terms of use at any time by posting the amended terms on the Website. All amended terms will automatically be effective upon posting on the Website. If you do not or cannot agree to the amended terms, your only option is to cease all use and access of the Website. 

Links

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. 
Indemnity 
You agree to indemnify and hold Westmatic, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including without limitation, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of these terms of use, or your violation of any rights of another. 

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 

These terms of use constitute the entire agreement between you and Westmatic and governs your use of the Website, superseding any prior agreements between you and Westmatic with respect to the Website. The failure of Westmatic to exercise or enforce any right or provision will not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions remain in full force and effect. 

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. 

Online Privacy Policy 

Westmatic Corporation. ("Westmatic") provides you with this online privacy policy ("Privacy Policy") to let you know Westmatic's information collection and usage policies and practices that apply to information collected on the Westmatic website at www.westmatic.com. This Privacy Policy does not apply to any information that we may collect from you offline or through other activities. 

Information Collection 

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. 

Westmatic may also use cookies to enhance browsing the Website. "Cookies" are small files or records that are placed on your computer's hard drive to collect information about your activities on our website. You can choose to have your browser warn you every time a cookie is being sent to you, and you can turn off cookie placement. If you refuse, your overall browsing experience can be affected and may prevent you from fully using the Website. For most of the browsing services on the Website, Westmatic does not require your personal information. There are portions of the Website where you will be given the option to provide information about you. The information that you may be asked to provide may include such information as your name, email address, telephone number, and address. 

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. 

Your Choices

Westmatic does not require you to provide personal information in order to use the Website. However, if you choose to not provide requested personal information, your ability to use all of the Website's features may be limited or you may not receive the information that you are requesting. By choosing to provide personal information, you agree to the terms of this Privacy Policy. 

Underage Customers 

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. 

Changes to Our Privacy Policy 

This privacy policy was last changed on January 2, 2014. We reserve the right to modify or amend this policy at any time by posting the revised privacy policy on our Website.