Website Terms & Conditions
This Website (the “Website”) is provided by Celestron Acquisition, LLC (“Celestron”). Celestron operates this Website to provide online access to information about Celestron’s products, services, and opportunities (the “Service”). Your use of this Website is subject to these Terms and Conditions of Use (the “Terms”). Please read the Terms carefully before accessing this Website. The Terms constitute a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify the Terms in Celestron’s sole discretion.
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS. IF YOU DO NOT AGREE PLEASE CLOSE THIS WINDOW NOW.
USE OF MATERIALS ON THIS SITE
You may use the Service, the Website, and the information, writings, images and/or other works that you see and hear on the Website (the “Content”) solely for non-commercial and personal purposes. No right, title to or ownership interest in any Content is being transferred to you as a result of downloading such Content or otherwise. Celestron reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by these Terms, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from this Website or the Service. In using this Website, you must respect the intellectual property rights of Celestron and others, as outlined below. Your unauthorized use of Content may infringe copyright and trademark laws and violate other laws resulting in civil and criminal liability.
This Website and the Content are protected by U.S. copyright laws and international copyright treaties. The Website and the Content are owned by Celestron or used with permission. Celestron disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties.
Except as set forth in these Terms or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of the Content in temporary storage on one personal computer for your personal, non-commercial viewing and use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in these Terms may be construed as conferring any right to use or display any Content in any form.
Celestron respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution via this Website, please contact the webmaster at email@example.com.
Celestron and its authorized agents own the trademarks, logos, and service marks displayed on this Website (collectively, the “Trademarks”). All Trademarks not owned by Celestron are the property of their respective owners, and are used with permission. You agree not to use or display any of the Trademarks without permission from the trademark owner, except as permitted by law. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
PERMITTED LINKS TO THIS WEBSITE
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are created using our link generator, (b) Trademark graphics are provided by our link generator, (c) the links and related content on your site do not suggest any affiliation with Celestron or cause confusion among consumers, (d) the links and related content on your site do not portray Celestron or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purpose. You may not mirror or frame the home page or any other pages of this Website on any other web site or web page.
LINKS ON THIS WEBSITE TO AND FROM OTHER SITES
BANNERS, ADVERTISEMENTS AND PROMOTIONS
Celestron reserves the right to post banners, advertisements, promotions, and similar content on the Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Celestron disclaims all liability in connection therewith.
Celestron cannot and does not guarantee or warrant that files available for downloading through this Website will be free from software viruses or other harmful computer code, files or programs.
DISCLAIMER OF WARRANTIES
THIS WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CELESTRON MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THIS WEBSITE, THE SERVICE OR THE CONTENT. CELESTRON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THIS WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED VIA THIS WEBSITE. CELESTRON DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THIS WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THIS WEBSITE OR THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL CELESTRON BY LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING FROM OR RELATING TO (1) THE USE OF OR INABILITY TO USE THIS WEBSITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THIS WEBSITE, (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS WEBSITE, THE SERVICE, OR THE CONTENT, OR (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, EVEN IF CELESTRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE THEREOF.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CELESTRON’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED THE FEE YOU HAVE PAID TO ACCESS THE WEBSITE, IF ANY.
You understand that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless Celestron, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees arising from or relating to your misuse of or inability to use the Website, the Service, or the Content, or any violation by you of the Terms.
You have the option of signing up for Celestron’s mailing list or submitting photographs to Celestron. To sign up for the mailing list or submit a photograph, you must first submit information including a valid email address and certain other personal and contact information. Your personal and contact information will not be disclosed to any other organization without your prior consent. If you choose to sign up for the mailing list, you may receive regular emails from this Website as well as emails from third party sponsors. If you do not wish to receive emails from third party advertisers, do not sign up for the mailing list. Celestron and its successors and assigns is the sole owner of the information collected on the Website.
Though we make every effort to preserve user privacy, Celestron may need to disclose personal information if required to do so by law, or in the good faith belief that such disclosure is reasonably necessary to respond to a court order or other legal process.
Celestron may also disclose information about its users to law enforcement officers or others in the good faith belief that such disclosure is reasonably necessary to enforce the terms, respond to claims that any Service or Content violates the rights of third parties, or to protect the rights, property, or personal safety of Celestron, Celestron’s Website users, or the general public.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You agree not to add to, subtract from or otherwise modify the Content, or attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.
USER SUPPLIED INFORMATION
Except for necessary personal information you provide in connection with a purchase from Celestron’s Web Store, do not send confidential or proprietary information to Celestron via the Website.
You may submit photographs to Celestron’s photo gallery. You agree that any material, information, data, or photographs you transmit to us or post to the Website (“Submissions”) will be considered non-confidential and non proprietary. For all Submissions, (1) you represent and warrant that you have the legal right to post the Submission and that it will not violate any law or infringe the rights of any person or entity, and (2) you give Celestron the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media now or hereafter devised, in whole or in part, without any restriction or responsibility to you. You agree to indemnify, defend and hold harmless Celestron, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees resulting from or arising out of your Submissions.
MISCELLANEOUS GENERAL PROVISIONS
These Terms constitute the complete, final and exclusive statement of the agreement between you and Celestron. Any modification to or waiver of any provision of the Terms will be effective only if in writing and signed by an authorized representative of Celestron. No waiver by Celestron of any breach or default hereunder shall be deemed to be a waiver of any prior or subsequent breach or default.
These Terms shall be interpreted and enforced in accordance with California law for contracts made and performed in California. The courts sitting in the State of California shall have non exclusive jurisdiction to interpret or enforce these Terms. If any part of the Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect any other provision of the Terms, all of which will remain in full force and effect.
UNSOLICITED IDEA SUBMISSION POLICY
Celestron and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. Please do not send your unsolicited ideas to Celestron or anyone at Celestron. Please note that all your unsolicited submissions automatically become the property of Celestron, without any compensation to you, even if your transmission says otherwise. Celestron will have no obligation to return your idea to you or respond to you in any way and no obligation to keep your idea confidential. Celestron may use or disclose your idea for any purpose whatsoever.
Celestron welcomes customer feedback regarding many areas of Celestron’s business and products that will help satisfy customer’s needs. Please provide your feedback through the designated contact areas on the Website. Any feedback you provide shall be deemed a Submission as defined in the User Supplied Information section above.