OVERVIEW
Welcome to OntelProducts.com (“website”). These Terms and Conditions apply to the website, owned and operated by Ontel Products Corporation (“we,” “our,” “us,” “Ontel” or the “Corporation”), with an address of 21 Law Drive Fairfield, NJ 07004. The Corporation offers this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or submitting a form, for any of the following reasons: customer service, inventor submissions, reporting a counterfeit, or contacting retail sales, you engage with our website and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional policies referenced herein and/or available by hyperlink, such as Ontel’s Privacy Policy. These Terms and Conditions apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions contained herein, then you may not access the website or use any services contained therein. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
CONTENT
All content included on the website such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material, such as page headers, custom graphics, and scripts (collectively “Content”) is owned by or licensed property of Ontel or its suppliers or licensors, and is protected by copyright, trademark, patent, trade dress, or other proprietary rights, and may not be copied, imitated or used, in whole or in part, without prior written permission from Ontel. The collection, arrangement, and assembly of all Content on the website is the exclusive property of Ontel and protected by U.S. and international copyright laws. Ontel and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
License and Access
Ontel grants you a limited license to access and make personal use of the website and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms and Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms and Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms and Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the website or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third-party, constitutes a material breach of these Terms and Conditions.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
Unlawful or Prohibited Uses
The website may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this website, you warrant to Ontel that you will not use the website for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third-party,
YOU MAY NOT:
Make any commercial use of the website or its Content, including making any collection or use of any product, description, videos, or images in any commercial sense or on any ecommerce platform such as Amazon.com, Walmart.com, eBay.com, etc.;
Download, copy or transmit any Content for the benefit yourself or any merchant;
Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the website other than the search engine and search agents provided by Ontel or generally publicly available browsers;
Frame, mirror, or use framing techniques on any part of the website without Ontel’s express prior written consent;
Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing website content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms and Conditions;
Conduct fraudulent activities on the website;
Violate or attempt to violate the security of the website, whether in an automated fashion or otherwise, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) trying to change the behavior of the website; (c) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”, or transmitting any worms or viruses or any code of a destructive nature; (e) forging any header or any part of the header information in any email or posting; or (f) forging communications on behalf of the website (e.g., impersonating the website) or to Ontel (e.g., impersonating another user by submitting an inquiry on that person’s behalf);
Send unsolicited or unauthorized emails on behalf of Ontel or any Ontel partner, including promotions and/or advertising of products or services;
Tamper with the website or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the website or any activity being conducted on the website;
Use the website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
Harvest or collect personally identifiable information about other users of the website;
Restrict or inhibit any other person from using the website (including, without limitation, by hacking or defacing any portion of the website);
Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the website;
Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the website; or
Remove any copyright, trademark or other proprietary rights notice from the website or materials originating from the website, if any.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions. Further, due to continued product enhancements, product images may differ slightly from an Ontel product purchased. We are not responsible if information made available on this website is not accurate, complete, or current and undertake no obligation to update, amend or clarify information on the website as required by law.
The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEbsite, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE website. We do not guarantee, represent, or warrant that your use of our website will be uninterrupted, timely, secure, or error-free or that results obtained from the use of the website will be accurate or reliable.
You agree that from time to time we may remove the website or content for indefinite periods of time, without notice to you.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all content delivered to you through the website are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF, (d) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE website, (e) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (f) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD-PARTY.
ANY INFORMATION ON THE website IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO product descriptions, content, AND historical information.
Limitation of liability
In no case shall the Corporation, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the website or any content procured on the website, or for any other claim related in any way to your use of the website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Modification
We reserve the right to, at any time, modify or discontinue the website or any part of the website (or any part or Content thereof) without notice to you, and make changes to these Terms and Conditions at any time, without notice to you. Such changes will be effective immediately upon being posted on the website.
You agree that it is your responsibility to monitor changes to our website. Each time you use the website, you should review the current Terms and Conditions. You can determine when these Terms and Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms and Conditions. Your continued use of the website will indicate your acceptance of the current Terms and Conditions; however, any change to these Terms and Conditions after your last usage of the website will not be applied retroactively.
TERMINATION
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our website, or when you cease using our website.
Furthermore, Ontel reserves the right, without notice and in its sole discretion, to terminate your use of the website and to block or prevent future access to and use of the website, if: (a) you violate any of these Terms and Conditions, (b) for any other reason or (c) for no reason. Upon any such termination, your right to use the website will immediately cease.
You agree that we shall not be liable to you or to any third-party for any (a) modification, Content change, suspension or discontinuance of the website or specific Content or (b) termination of your access to the website. Upon termination, all provisions of these Terms and Conditions shall survive.
ACCESS TO THE WEBSITE
In order to access the website, you must have Internet, either directly or through devices that access web-based content and must pay any service fees associated with such access. Not all of the features available through the website, including certain audio, video or access to high-quality video, will be available to you without a reliable, high-speed internet connection. As we make changes to the website, the minimum technical requirements for access to the website may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you attempt to access the website. Moreover, if we change the minimum technical requirements after you initially access the website such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the website under the provisions noted above.
Note that access to and use of the website through certain mobile or other devices may involve data or other charges, which are your sole responsibility.
Our goal with this website is to provide several methods, features, and policies that can help with access to the website and/or Content provided or referred to on the website. If you are experiencing difficulties with any Content on our website because of a disability, or if you require assistance with any part of our website because of a disability, we invite you to contact us for assistance by visiting http://www.ontel.com/customer-service/ and submitting an inquiry, or by sending a written request to our Legal Department at: Ontel Products Corporation, 21 Law Drive, Fairfield, NJ 07004.
THIRD-PARTY LINKS
Certain Content, products and services available via our website may include materials or links owned by third-parties.
Third-party links on this website may direct you to third-party services or websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of the third-party link and will have no liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection to any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Third-party websites linked via our website may have their own accessibility features. Some, but not all, links to information about these accessibility features are listed here for your convenience. Please note, we have not, nor are we responsible for, reviewing these statements. We do not render an opinion on the accuracy of any information included and will have no liability or responsibility for any information included on these third-party websites. Complaints, claims, concerns, or questions regarding the content of these features should be directed to the applicable third-party.
Google For Google Products, including but not limited to: Chrome, Android, and Gmail: https://www.google.com/accessibility/products-features/
Firefox Browser https://addons.mozilla.org/en-US/firefox/ https://addons.mozilla.org/en-US/firefox/addon/tota11y-accessibility-toolkit/
Microsoft Internet Explorer Browser https://support.microsoft.com/en-us/help/17456/windows-internet-explorer-ease-of-access-options
Microsoft Edge Browser
https://support.microsoft.com/en-us/microsoft-edge/accessibility-features-in-microsoft-edge-4c696192-338e-9465-b2cd-bd9b698ad19a
Facebook Accessibility Policy
YouTube Accessibility Policy
Instagram Accessibility Announcement
Instagram Accessibility
Twitter Accessibility
LinkedIn Accessibility
Third-Party Screen Readers:
JAWS https://www.freedomscientific.com/products/software/jaws/
A general discussion of Screen Readers by the American Foundation of the Blind https://www.afb.org/blindness-and-low-vision/using-technology/assistive-technology-products/screen-readers
User Reviews, Comments & Submissions
Ontel welcomes your reviews, comments, and other communications, photos, videos, or any other content such as, creative ideas, suggestions, proposals, plans, or other materials, whether online, by postal mail, or otherwise, or any content or information you publish through any social media and allow Ontel to feature on the website, such as, your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter®, Instagram®, Pinterest®, TikTok®) (collectively, “User Content”). With respect to User Content that would be considered an invention, prototype, drawing, or any other similarly situated product submission or creation, you agree that: (a) such User Content is unsolicited by Ontel; (b) submitted at your own risk, and (c) Ontel shall have no obligation to use, access or otherwise accept these submissions absent a formal agreement executed by you and Ontel stating otherwise.
In sending us User Content, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and/or otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (a) maintain any comments in confidence; (b) pay compensation for any comments; or (c) respond to any comments. You agree that any User Content will: (a) be accurate; (b) not violate or facilitate the violation of any law or regulation; (c) not violate any right of a third-party, including copyright, trademark, privacy or publicity rights; (d) not cause injury to any person or entity; and (e) not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for the User Content you submit to us, and Ontel takes no responsibility and assumes no liability for any User Content posted by you or any third-party.
You acknowledge and agree that we reserve the right (but have no obligation), to do any or all of the following, in our sole discretion: (a) monitor User Content; (b) alter, remove, or refuse to post or allow to be posted any User Content; (c) determine whether the User Content is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms and Conditions; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third-party.
For any User Content you submit, you grant to Ontel a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels, such as in-store and online marketing, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as product ideas, computer code or original artwork. In addition, you grant to Ontel the right to include the name provided along with the User Content submitted by you; provided, however, Ontel shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties, such as Ontel, the right to use their name, image, voice and/or likeness without compensation to you or any other person or entity.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe any of your work has been copied and is accessible on the website in a way that constitutes copyright infringement, please provide us with the following information:
Identification of the copyrighted work claimed to have been infringed, including the applicable copyright registration number obtained from the United States Copyright Office and certificate of registration;
Identification of the allegedly infringing material on the website that is requested to be removed;
Your name, address and daytime telephone number, and an email address if available, so that we may contact you if necessary;
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law; a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
An electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and to submit the statement.
Claims of infringement which include the above required information must be submitted via postal mail to Ontel’s Legal Department at: Ontel Products Corporation, 21 Law Drive, Fairfield, New Jersey 07004
PRODUCTS ADVERTISED
We are not currently selling products through this website, but may link another web addresses whereby you can purchase an Ontel owned product. When redirected to these web addresses to purchase Ontel products, we recommend that you read the specific Terms and Conditions and Privacy Policy noted on the web address so you can understand the manner in which your personal information will be handled by such web address.
All descriptions of products on the website are subject to change at any time without notice, at our sole discretion. We do not warrant that the quality of any products, Content, information, or other material displayed on the website will meet your expectations, or that any errors in the Content will be corrected upon purchasing an Ontel product from a linked web address.
ELECTRONIC COMMUNICATIONS
By providing us your email and/or other contact information in any manner as described above, you are providing express written consent to receive future information from us electronically. Although we may choose to communicate with you by other means, we may also choose to solely communicate with you electronically by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.
All marketing emails shall conspicuously contain a notice that, at no cost to you, you can opt out of receiving more marketing emails from us. All marketing emails shall prominently display a one-click unsubscribe or opt-out option. You may manage your receipt of marketing and non-transactional emails by clicking on the “unsubscribe” link located on the bottom of our marketing and non-transactional emails. Alternatively, if at any point you choose not to receive our emails or newsletters, you can also opt-out or unsubscribe by visiting http://www.ontel.com/customer-service/ and submitting a customer service request, by following the instructions in the form-fill, or by sending a written request to our Customer Service team at: Ontel Products Corporation, 21 Law Drive, Fairfield, NJ 07004. Once you have opted out or unsubscribed, we shall immediately refrain from sending marketing emails to you.
Telemarketing (if applicable and when legally allowed): Regardless of the fact that your telephone number may be listed with the Federal Do-Not-Call Registry or your local State Do-Not-Call list, by providing us your telephone and/or cell number in any manner as described above, you are providing express written consent to receive future information (including telemarketing) about products and services from us and/or our affiliates, and you hereby agree and consent to our contacting you using the information you have provided and will provide to us. This means that within the time limits allowed by law, we may contact you by email or phone (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks or any other means of communication that your wireless or other telecommunications device may be capable of receiving (i.e. video, etc.). Message and data rates may apply to each SMS sent or received, as provided by your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. If you do not want to receive marketing calls or texts, please let us know via phone call, by visiting http://www.ontel.com/customer-service/ and submitting a customer service request, or by sending a written request to our Customer Service team at: Ontel Products Corporation, 21 Law Drive, Fairfield, NJ 07004. Once you have opted out or unsubscribed, we shall immediately refrain from sending telemarketing emails to you.
Regardless of your choice to opt-out of communications from us, we reserve the right to release and disclose any personal information provided by you to law enforcement or other governmental officials as we, in our sole and absolute discretion, deem necessary to comply with any applicable law or at the request any governmental entity or agency.
You can, at any time, request to edit, update, access or delete your information by visiting http://www.ontel.com/customer-service/ and submitting a customer service request, by following the instructions in the form-fill, or by sending a written request to our Customer Service team at: Ontel Products Corporation, 21 Law Drive, Fairfield, NJ 07004. We shall, promptly following receipt of notice, comply with all reasonable instructions with respect to the deletion of any remaining personal data. We will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. You may request for a copy of your personal data, free of charge and in an electronic format upon request.
PERSONAL INFORMATION
We are committed to protecting your privacy and security. Your submission of personal information to us is governed by our Privacy Policy. For more detail, please review our Privacy Policy.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ontel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to the website constitutes the entire agreement and understanding between you and us and governs your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the District of New Jersey or, for matters not susceptible of adjudication in the federal courts, the courts of the State of New Jersey located in Essex County, in all disputes arising out of or relating to the use of the website or Content.
DISPUTES
PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
We would like to resolve any issues, concerns, problems, or disputes related to these Terms and Conditions informally, amicably, and by mutual agreement. When disputes arise, please contact our Legal Department via mail at the following address: Ontel Products Corporation, 21 Law Drive, Fairfield, New Jersey 07004.
IF WE ARE UNABLE TO RESOLVE DISPUTES INFORMALLY, YOU AGREE AS FOLLOWS.
PLEASE READ THIS SECTION CAREFULLY AS YOU ARE GIVING UP LEGAL RIGHTS BY AGREEING TO THESE TERMS AND CONDITIONS:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES BETWEEN THE PARTIES SHALL BE SETTLED IN ACCORDANCE WITH THE FOLLOWING PROCEDURES. THESE ARE THE EXCLUSIVE PROCEDURES FOR RESOLVING DISPUTES SURROUNDING THESE TERMS AND CONDITIONS IF WE ARE UNABLE TO RESOLVE THE DISPUTE INFORMALLY, EXCEPT THAT TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ONTEL’S INTELLECTUAL PROPERTY RIGHTS (FOR EXAMPLE, TRADEMARK, TRADE SECRET, TRADE DRESS, COPYRIGHT, OR PATENT RIGHTS), ONTEL MAY BRING A LAWSUIT FOR INJUNCTIVE RELIEF TO STOP THE UNAUTHORIZED USE OR ABUSE OF THE WEBSITE, OR INTELLECTUAL PROPERTY INFRINGEMENT, WITHOUT THE NEED TO FIRST ENGAGE IN ARBITRATION, OR THE INFORMAL DISPUTE-RESOLUTION PROCESS DESCRIBED BELOW.
The party seeking to make a claim shall submit the claim to binding arbitration with the American Arbitration Association (“AAA”). The decision of the arbitrator shall be binding upon all parties and their respective successors and assigns, and may be reduced to a judgment or decree in a court of competent jurisdiction, if and only if the arbitrator’s decision is in writing and presents detailed conclusions of fact and law.
Any party named in the arbitration may appeal any finding of law (but not of fact) to a court of competent jurisdiction.
Each party shall bear its own costs and expenses in connection with the foregoing procedures regardless of which party prevails; provided, however, that each party shall bear one-half the costs and expenses of the AAA and the arbitrator. The arbitrator shall not have the authority to award incidental, consequential, or punitive damages, and you waive any right to have damages multiplied or otherwise increased.
The arbitration shall take place exclusively in Essex County, New Jersey, and the parties waive any and all objections to that jurisdiction and venue.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations strictly prohibited.
MISCELLANEOUS
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Terms and Conditions or your use of the website. Nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website, or information provided to, or gathered by us with respect to such use. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CONTACT INFORMATION
We assume that all visitors and users of our website have carefully read this document and agree to its contents. If a user does not agree with these Terms and Conditions, they should refrain from using our website.
If you would like to contact us, or simply want more information about Ontel’s Terms and Conditions, please visit http://www.ontel.com/customer-service/ and submit a customer service request, or send a written request to our Legal Department at: Ontel Products Corporation, 21 Law Drive, Fairfield, NJ 07004.
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