The ProductList Network®
Network and App software
The ProductList Network®
Terms of Service
Last Updated on February 2, 2016
These terms and conditions are effective immediately for those registering accounts after that date and will become effective February 21, 2016 for those with
These terms and conditions (the "Terms") govern your access to and use of
Optical Automation, LLC's websites and mobile applications that link to or
reference these Terms ("Site"). By accessing or using the Site or all of our
websites, you are agreeing to these Terms and concluding a legally binding
contract with Optical Automation, LLC Inc., a California corporation headquartered
in Anaheim, California ("Optical Automation, LLC").
Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of the Site. A "user" is someone who
acceses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and
"our" refer to Optical Automation, LLC.
"Content" means text, images, photos, audio, video, location data, and all other
forms of data or communication. "Your Content" means Content that you submit or
transmit to, through, or in connection with the Site, such as ratings, reviews,
compliments, invitations, checkins, messages, and information that you publicly
display or displayed in your account profile. "User Content" means Content that
users submit or transmit to, through, or in connection with the Site.
"Optical Automation, LLC Content" means Content that we create and make
available in connection with the Site. "Third Party Content" means Content that
originates from parties other than Optical Automation, LLC or its users, which is
made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User
Content, Third Party Content, and Optical Automation, LLC Content.
CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. This is the most current version. You
understand and agree that your access to or use of the Site is governed by the
Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the
Site prior to the effective date of the changes. We will also indicate at the top of this page thedate that revisions were last made. You should revisit these Terms on a
regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your
continued access to or use of the Site after the effective date of modifications to
the Terms indicates your acceptance of the modifications.
We may translate these Terms into other languages for your convenience.
Nevertheless, the English version governs your relationship with
Optical Automation, LLC, and any inconsistencies among the different versions will be resolved in favor of the English version.
USING THE SITE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Site may be modified, updated, interrupted, suspended or discontinued at any
time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also
responsible for all activities that occur in connection with your account.
You agree to notify us immediately of any unauthorized use of your account. We
reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non commercial use only. In creating it, we ask
that you provide complete and accurate information about yourself to bolster your
credibility as a contributor to the Site. You may not impersonate someone else
(e.g., adopt the identity of a celebrity or your next door neighbor), create or use an account for anyone other than yourself, provide an email address other than your
own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying
informaton in your reviews, use the same account information on other sites, or
allow other sites to share information about you with Optical Automation, LLC.
Communications from Optical Automation, LLC and other Users
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly email newsletter about happenings in your neighborhood.
You can opt out of non essential communications, email us at
Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always
You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in
Your Content that makes you personally identifiable.
You represent that you own, or have the necessary permissions to use and
authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Optical Automation, LLC.
You may expose yourself to liability if, for example, Your Content contains material
that is false, intentionally misleading, or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits
or otherwise harms minors; or violates or advocates the violation of any law or
Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly
displaying it, reformatting it, incorporating it into advertisements and other works,
creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other
Media"). As such, you hereby irrevocably grant us world-wide, perpetual,
non exclusive, royalty free, assignable, sublicensable, transferable rights to use
Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access
Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Optical Automation, LLC and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare
derivative works of Your Content.
As between you and Optical Automation, LLC, you own Your Content. We own the Optical Automation, LLC Content, including but not limited to visual interfaces,
interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products,
software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also
own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Optical Automation, LLC Content and the Site, which are protected by copyright, trade
dress, patent, trademark laws and all other applicable intellectual and proprietary
rights and laws. As such, you may not modify, reproduce, distribute, create
derivative works or adaptations of, publicly display or in any way exploit any of the Optical Automation, LLC Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant
you any express or implied rights, and all rights in and to the Site and the Optical
Automation, LLC Content are retained by us.
Optical Automation, LLC and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We make some of the Site Content ("Feed Content") available via Real Simple
Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that
(i) your use of the Feeds is for personal, non commercial purposes only,
(ii) your display of the Feed Content links back to the relevant pages on
Optical Automation, LLC's websites, and attributes Optical Automation, LLC as the source of the Feed Content,
(iii) your use or display of the Feed Content does not suggest that Optical Automation, LLC promotes or endorses any third party causes, ideas, websites, products or services, including Your Site,
(iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Optical Automation, LLC's systems. Optical Automation, LLC reserves all rights in the Feed Content and may terminate the Feeds at any time.
User Content (including any that may have been created by users employed or
contracted by Optical Automation, LLC) does not necessarily reflect the opinion
of Optical Automation, LLC. We reserve the right to remove, screen, edit, or
reinstate User Content from time to time at our sole discretion for any reason or
no reason, and without notice to you. For example, we may remove a review if
we believe it violates our Content Guidelines, see this page. We have no
obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has
violated the Terms, we reserve the right to investigate and take appropriate
action at our sole discretion. You agree not to, and will not assist, encourage, or enable others to use the Site to:
Violate our Content Guidelines, for example, by writing a fake or defamatory
review, trading reviews with other businesses, or compensating someone or
being compensated to write or remove a review;
Violate any third party's rights, including any breach of confidence, copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Optical Automation, LLC;
Send bulk emails, surveys, or other mass messaging, whether commercial in
nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
Solicit personal information from minors, or submit or transmit pornography; or
Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
Violate the Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Optical Automation, LLC;
Use any robot, spider, site search/retrieval application, or other automated
device, process or means to access, retrieve, scrape, or index any portion of the
Site or any Site Content;
Reverse engineer any portion of the Site;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
Record, process, or mine information about other users;
Access, retrieve or index any portion of the Site for purposes of constructing or
populating a searchable database of business reviews;
Reformat or frame any portion of the Site;
Take any action that imposes, or may impose, in our sole discretion, an
unreasonable or disproportionately large load on Optical Automation, LLC's
technology infrastructure or otherwise make excessive traffic demands of the Site;
Attempt to gain unauthorized access to the Site, user accounts, computer
systems or networks connected to the Site through hacking, password mining or any other means;
Use the Site or any Site Content to transmit any computer viruses, worms,
defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under
applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole
GUIDELINES AND POLICIES
You represent that you have read and understood our Content Guidelines.
we may disclose information about you to third parties if we have a good faith
belief that such a disclosure is reasonably necessary to
(i) take action regarding suspected illegal activities;
(iii) comply with legal process or other government inquiry, such as a search
warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or
(iv) protect our rights, reputation, and property, or that of our users, affiliates, or
the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.
Copyright And Trademark Disputes
Please see our Infringement Policy for information about copyright and
Please see our Event Terms and Conditions for information about events listed
on or linked to on the Site. You represent that you have read and
understood information by Optical Automation, LLC DEALS AND Optical Automation, LLC
If you purchase a Optical Automation, LLC Deal or Gift Certificate, the terms of
your purchase will be governed by the Optical Automation, LLC General Terms
for Deals and Certificates. Please review them before you make each purchase
since they may change from time to time.
In the event of any conflict between the Optical Automation, LLC General Terms
for Deals and Certificates and these Terms, the Optical Automation, LLC General Terms for Deals and Certificates will prevail.
Similarly, if you create a business owner's account on the Site or purchase advertising from Optical Automation, LLC, the Optical Automation, LLC Advertising Agreement will apply. In the event of any conflict between the Optical Automation, LLC Advertising Agreement and these Terms, the Optical Automation, LLC
Advertising Agreement will prevail.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"),
you agree that (i) your Feedback does not contain the confidential or proprietary
information of third parties, (ii) we are under no obligation of confidentiality,
express or implied, with respect to the Feedback, (iii) we may have something
similar to the Feedback already under consideration or in development, and (iv)
you grant us an irrevocable, non-exclusive, royalty free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Optical Automation, LLC and its users any claims and assertions of any moral rights contained in such Feedback.
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.Some of the services made available
through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein
You agree to indemnify, defend, and hold Optical Automation, LLC, its parents,
subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of
them (collectively, the "Optical Automation, LLC Entities") harmless, including
costs, liabilities and legal fees, from any claim or demand made by any third
party arising out of or relating to (i) your access to or use of the Site, (ii) your
violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party
using your account, of any intellectual property or other right of any person or
entity. Optical Automation, LLC reserves the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us and you agree to cooperate with our defense of these claims. You
agree not to settle any such matter without the prior written consent of Optical
Automation, LLC. Optical Automation, LLC will use reasonable efforts to notify
you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITYPLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE OPTICAL AUTOMATION, LLC ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY
APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY
HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE
ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE
CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT
THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS,
INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL
RIGHTS BY AGREEING TO THESE TERMS.
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS"
AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT
THE OPTICAL AUTOMATION, LLC ENTITIES MAY NOT MONITOR, CONTROL,
OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR
OWN DISCRETION AND RISK. THE OPTICALAUTOMATION, LLC ENTITIES
MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR
RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE
ACCORDINGLY, THE OPTICAL AUTOMATION, LLC ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE,
FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY
VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY,
ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS,
REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR
METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE
THE OPTICAL AUTOMATION, LLC ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR
ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE OPTICAL AUTOMATION, LLC ENTITIES ARE NOT LIABLE TO YOU FOR
ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR
OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS
MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF
YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR
ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE OPTICAL AUTOMATION, LLC ENTITIES EXPRESSLY DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES
AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF
ONE OF THE OPTICAL AUTOMATION, LLC ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF
DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER
GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF
ACCESS TO, OR USE OF THE SITE.
THE OPTICAL AUTOMATION, LLC ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION
WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE
AMOUNT PAID, IF ANY, BY YOU TO THE OPTICAL AUTOMATION, LLC
ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO
THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE OPTICAL AUTOMATION, LLC ENTITIES DISCLAIM LIABILITY FOR ANY (i)
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR
CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS
INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION
CHOICE OF LAW AND VENUE
California law will govern these Terms, as well as any claim, cause of action or
dispute that might arise between you and Optical Automation, LLC (a "Claim"),
without regard to conflict of law provisions.
FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE
EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED
WITHIN ORANGE COUNTY, CALIFORNIA.
You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing Optical Automation, LLC with a notice of termination
account when terminated.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account,
the Site, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 5,
6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
The section titles in the Terms are for convenience only and have no legal or
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Optical Automation, LLC's prior written consent, but may be assigned or transferred by us without restriction. Any attempted
assignment by you shall violate these Terms and be void.
If any provision of the Terms is found to be unenforceable or invalid, then only that
provision shall be modified to reflect the parties' intention or eliminated to the
minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
Any failure on Optical Automation, LLC's part to exercise or enforce any right or
provision of the Terms does not constitute a waiver of such right or provision. The
failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms contain the entire agreement between you and us regarding the use of
the Site, and supersede any prior agreement between you and us on such subject
matter. The parties acknowledge that no reliance is placed on any representation
made but not expressly contained in these Terms.
Except as otherwise stated in Section 10 above, nothing herein is intended, nor will
be deemed, to confer rights or remedies upon any third party.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.