Last Updated: January 16, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY, BECAUSE (1) THEY FORM A BINDING AGREEMENT BETWEEN YOU AND KOPIN AND (2) THEY CONTAIN IMPORTANT INFORMATION, INCLUDING YOUR WAIVER OF CLASS RELIEF AND WAIVER OF A RIGHT TO A JURY TRIAL.
Agreement
These Terms of Use (these “Terms”) constitute a binding agreement between Kopin Corporation (“KOPIN”, “we”, “us”, or “our”) and the person (“you” or “your”) accessing https://www.kopin.com/ (including any successor site(s)) (the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Site.
You must be at least 18 years of age to use the Site. The Site is operated by KOPIN from the Commonwealth of Massachusetts in the United States. To the extent permitted by applicable federal, state, local, or international law or regulation (“Applicable Law”), KOPIN makes no claims that the Site or any content on the Site is accessible or appropriate outside of the United States. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Updates to the Terms
KOPIN may update these Terms at any time in our sole discretion. Your continued use of the Site following the posting of revised Terms means that you accept and agree to such updates. It is your responsibility to visit this page from time to time to review any updates to our Terms. You can determine whether these Terms have been updated since your last visit to the Site by referring to the “Last Updated” date at the top of this page.
Permitted Use
You may access and use the Site solely (a) for legitimate general information gathering, and (b) to learn about our business, products, and services. Your use of the Site must be for lawful purposes in accordance with these Terms.
Prohibited Use
You may not: (a) use the Site in any way that violates Applicable Laws, including without limitation, any laws regarding the export of data or software to and from the United States or other countries; (b) modify the Site or its contents in any way; (c) reproduce, publicly display, distribute or otherwise use the Site and its contents for any public or commercial purpose, except as expressly permitted in these Terms; (d) use the Site to engage in any conduct that restricts, interferes with, or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them or us to liability; (e) use the Site to impersonate or attempt to impersonate KOPIN, or any other person or entity; (f) use the Site in any manner that could disable, overburden, damage, or impair the proper working of the Site; (g) use the Site with any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the content on the Site; or (h) attack the Site via the use of harmful code of any kind, a denial-of-service attack, or otherwise attempt to interfere with the proper working of the Site.
Disclaimer of Warranties
THE INFORMATION PRESENTED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND KOPIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR ITS CONTENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW KOPIN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, KOPIN DOES NOT REPRESENT OR WARRANT THAT THE SITE AND ITS CONTENTS ARE ERROR-FREE, SECURE, ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE AND ITS CONTENTS WILL MEET YOUR PARTICULAR NEEDS.
Changes to the Site
KOPIN reserves the right to update, change or modify the Site or its contents at any time in our sole discretion. As such, KOPIN may terminate, change, suspend or discontinue the Site, or any aspect of the Site, including the availability of any features of the Site, at any time. KOPIN may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability. Content on the Site may be out of date, and KOPIN is under no obligation to update such content.
Links to Third-Party Sites
The Site may link to sites, applications or resources that are operated by third parties and not under the control of KOPIN. KOPIN provides these links solely as a convenience to visitors of the Site, and the provision of any such link is not an endorsement by KOPIN of that site or any of the contents, products or services contained or offered therein. If you order, purchase, or otherwise gain access to products, services or information from any third-party site, your access to such third-party site is subject to such third-party site’s terms of use, privacy, and cookies policies. Accordingly, KOPIN makes no representations or warranties whatsoever concerning availability of or content, including sub-links, found on third-party sites. Your access to or use of third-party sites, resources, or applications is at your own risk.
Submissions
The Site may permit you to submit information and material to KOPIN, whether via email, electronic form, or otherwise, including but not limited to, feedback, questions, comments, suggestions, ideas, graphics, or computer files of any type (“Submissions”). Submissions posted to the Site will be considered non-confidential and non-proprietary. You hereby represent and warrant that you are the owner of, or control all rights in, such Submissions and have the right to grant KOPIN the license to such Submissions set forth in this paragraph. By providing any Submissions through the Site, you grant KOPIN a royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable, right and license to use, display, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, subject to KOPIN’s Privacy Policy.
Privacy Policy
You agree that all information you provide to KOPIN through or in connection with the Site is governed by KOPIN’s privacy policy (available at: https://www.kopin.com/about/Privacy-Policy as may be amended from time to time), which is hereby incorporated by reference. You hereby agree to KOPIN’s privacy policy.
Limitation Of Liability
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, (A) IN NO EVENT SHALL KOPIN BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR COSTS, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE OR ITS CONTENTS OR ANY LINKED WEBSITE, REGARDLESS OF WHETHER KOPIN HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, AND REGARDLESS OF WHETHER ANOTHER REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KOPIN AND ITS AFFILIATES UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE EXCEED $500.
Intellectual Property
Copyright © 2023, KOPIN Corporation. ALL RIGHTS RESERVED.
The Site and its contents, including but not limited to designs, text, graphics, images, video and audio content, interfaces, code and software, and the selection and arrangement of such content, is the property of KOPIN Corporation, its affiliates, and licensors, and is protected by United States and international copyright, trademark, and other Applicable Laws. Except as expressly provided in these Terms, no other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display, alter, or modify the content contained herein.
Subject to your compliance with these Terms, KOPIN grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Site and its contents solely for personal, non-commercial purposes. KOPIN reserves all rights not expressly granted to you under these Terms. You may not use any trademarks, trade names, trade dress, logos or branding contained on the Site without the prior written permission of KOPIN (or the applicable owner).
Copyright Infringement
KOPIN’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have a good faith belief that any of the content on the Site infringes your copyrights or the copyrights of a third party that you are authorized to represent, you may request that KOPIN delete, edit, or disable the content in question by notifying KOPIN at Infringement@kopin.com.
In accordance with the Digital Millennium Copyright Act, your notification must contain all of the following information: (a) a physical or electronic signature of the owner of the copyright/trademark, or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit KOPIN to contact you, such as your name, address, telephone number, and if available, an email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you attest under penalty of perjury that you are the owner of the copyright or trademark, or are authorized to act on the owner’s behalf.
Governing Law
The laws of the Commonwealth of Massachusetts will govern all disputes arising out of or relating to these Terms, regardless of any conflict of laws rules. If you have any claim, action, or other dispute arising out of these Terms or the Site, you agree to first try in good faith to resolve such dispute with KOPIN. Venue for any litigation arising out of or otherwise relating to these Terms will be limited exclusively to state and federal courts of competent jurisdiction located in Boston, MA.
Entire Agreement
The Terms and KOPIN’s Privacy Policy constitute the sole and entire agreement between you and KOPIN regarding the Site and its contents, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Severability; Waiver
Any provision of these Terms held to be unenforceable shall be enforced to the maximum extent permissible under Applicable Law and shall not affect the enforceability of any other provisions hereof. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and any failure of either KOPIN or you to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Electronic Communications
You consent to receiving communications from KOPIN electronically. Any notices to you may be sent by email (as applicable) or posted on or in the Site.
Questions and Comments
Any questions, comments or concerns about the Site may be sent to Kopin Corporation 125 North Drive Westborough Ma. 01581.