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Terms of Use

Introduction
Copyrights and Trademarks
Use of this Site
Access to this Site
Site Security
Order Acceptance
Pricing or Typographical Errors
Quantity Limits and Dealer Sales
General
Colors
Indemnification
Termination
Disclaimer
Limitation of Liability

Introduction


Welcome to the Option eShop Internet site (“Option eShop”). This site is provided by Option N.V. (referred to throughout this site as "Option") as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the Terms. Option reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the Option Web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Web site.


Copyrights and Trademarks


Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Option, one of its affiliates or by third parties who are protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Option and is also protected by international copyright laws.

Option and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Web site. Access to this Web site does not confer and shall not be considered as conferring upon anyone any license under any of Option’s or any third party's intellectual property rights.

The Option names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Option N.V., where applicable. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.

References on this Web site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Option's endorsement, sponsorship or recommendation of the third party, information, product or service. Option is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.


Use of this Site


This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of Option or its suppliers and protected by international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.


Access to this Site


Option will do its utmost to ensure that availability of the Web site is uninterrupted and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Web site may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Option will attempt to limit the frequency and duration of any such suspension or restriction.


Your conduct on this Site - Site Security


Users must not use this Site in any way that causes, or is likely to cause, the Web site or access to it to be interrupted, damaged or impaired in any way.

Users are notably prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Option will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Option on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).


Order Acceptance


Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.


Pricing or Typographical Errors


While Option strives to provide accurate product and pricing information, pricing or typographical errors may occur. Option cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Option shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Option may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.


Quantity Limits and Dealer Sales


Option reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Option also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at sales@option.com.


General


This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Option to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Option’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Belgian law. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought before the courts of Leuven, Belgium.


Colors


We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.


Indemnification


You agree to defend, indemnify and hold Option harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.


Termination


These terms are effective unless and until terminated by either you or Option. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Option also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Option’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Option, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. This does not however cover materials downloaded from this side and covered by a separate agreement (such as but not limited to a Software License Agreement). These terms are effective unless and until terminated by either you or Option.


Disclaimer


THIS SITE IS PROVIDED BY OPTION ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OPTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, OPTION DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE OPTION WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.


Limitation of Liability


UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL OPTION OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE OPTION WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OPTION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.



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