BRIDGER PHOTONICS, INC.
Last Updated September 18, 2020
Effective as of September 18, 2020
By using the Bridger Photonics, Inc. website, you (the “User”) agree to be bound by the following Terms and Conditions (the “Terms,” “Agreement”).
The https://www.bridgerphotonics.com/ website (the “Website”) consists of various web pages operated by Bridger Photonics, Inc. (“Bridger Photonics,” “we,” “us,” and/or “our”). This Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of this Website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The Bridger Photonics Website is a News and information Website, designed to provide Users with information relating to our products and services.
Visiting https://www.bridgerphotonics.com/ or sending emails to Bridger Photonics constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, and on the Website, satisfy any legal requirement that such communications be in writing.
CHILDREN UNDER THIRTEEN
Bridger Photonics does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.bridgerphotonics.com/ only with permission of a parent or guardian.
LINKS TO THIRD-PARTY WEBSITES OR THIRD-PARTY SERVICES
This Website may contain links to other websites ("Linked Websites"). The Linked Websites are not under the control of Bridger Photonics and Bridger Photonics is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. Bridger Photonics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bridger Photonics of the Linked Website or any association with its operators.
Certain services made available via https://www.bridgerphotonics.com/ are delivered by third party websites and organizations. By using any product, service or functionality originating from the https://www.bridgerphotonics.com/ domain, you hereby acknowledge and consent that Bridger Photonics may share such information and data with any third party with whom Bridger Photonics has a contractual relationship to provide the requested product, service, or functionality on behalf of https://www.bridgerphotonics.com/ Users and customers.
NO UNLAWFUL OR PROHIBITED USE OF INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.bridgerphotonics.com/ strictly in accordance with these Terms. As a condition of your use of the Website, you warrant to Bridger Photonics that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Bridger Photonics or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Bridger Photonics’ content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Bridger Photonics and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bridger Photonics or our licensors except as expressly authorized by these Terms.
This Website is controlled, operated and administered by Bridger Photonics from our offices within the United States. If you access this Website from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Bridger Photonics content accessed through https://www.bridgerphotonics.com/ in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Bridger Photonics, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Bridger Photonics reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bridger Photonics in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class, representative, or collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Bridger Photonics agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRIDGER PHOTONICS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.
BRIDGER PHOTONICS, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRIDGER PHOTONICS, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TERMINATION OF USE AND ACCESS RESTRICTION
Bridger Photonics reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Montana, and you hereby consent to the exclusive jurisdiction and venue of courts in Montana in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bridger Photonics as a result of this Agreement or use of the Website. Bridger Photonics’ performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of Bridger Photonics’ 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 Bridger Photonics with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and Bridger Photonics with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Bridger Photonics with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
CHANGES TO TERMS
Bridger Photonics reserves the right, in its sole discretion, to change the Terms under which https://www.bridgerphotonics.com/ is offered. The most current version of the Terms will supersede all previous versions. Bridger Photonics encourages you to periodically review the Terms to stay informed of our updates.
Bridger Photonics welcomes your questions or comments regarding the Terms. If you have any concerns, please contact Bridger Photonics at:
BRIDGER PHOTONICS, INC.
2310 University Way, Building 4-4
Bozeman, Montana 59715
Email Address: info [at] bridgerphotonics.com
Telephone number: +1.406.585.2774