Terms of Use Agreement
Welcome to our site. We maintain this web site as a service to our customers.
By using our site, you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully. If you do not
agree to these terms, you should not review information or obtain goods
or products from this site.
Acceptance of Agreement. You
agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided by or
through the Site, and the subject matter of this Agreement. This Agreement
may be amended at any time by us from time to time without specific notice
to you. The latest Agreement will be posted on the Site, and you should review
this Agreement prior to using the Site.
Copyright. The content, organization,
graphics, design, compilation, magnetic translation, digital conversion and
other matters related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by you
of any such matters or any part of the Site, except as allowed by Section
4, is strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any right in such
information and materials.
Limited Right to Use. The
viewing, printing or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive license for use solely
by you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other use.
No part of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or redistribution).
Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
Indemnification. You agree
to indemnify, defend and hold us and our partners, attorneys, staff and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related to your violation
of this Agreement or use of the Site.
Nontransferable. Your right
to use the Site is not transferable. Any password or right given to you to
obtain information or documents is not transferable.
Disclaimer and Limits. THE
INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE
SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
All responsibility or liability for any damages caused by viruses contained
within the electronic file containing the form or document is disclaimed.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE
PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
Use of Information. We reserve
the right, and you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
Third-Party Services. We may allow access to
or advertise third-party merchant sites ("Merchants") from which you may purchase
certain goods or services. You understand that we do not operate or control
the products or services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and Merchants.
You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies. All rules,
policies (including privacy policies) and operating procedures of Merchants
will apply to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations or commitments
on behalf of the other.
Privacy Policy. Our Privacy Policy, as
it may change from time to time, is a part of this Agreement.
Payments. You represent and warrant that
if you are purchasing something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii) charges incurred by
you will be honored by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including any applicable taxes.
Links to other Web Sites. The Site contains
links to other Web sites. We are not responsible for the content, accuracy
or opinions express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any
linked Web site on our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
Information and Press Releases. The Site
contains information and press releases about us. While this information
was believed to be accurate as of the date prepared, we disclaim any duty
or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
Miscellaneous. This Agreement
shall be treated as though it were executed and performed in San Jose, California,
and shall be governed by and construed in accordance with the laws of the
State of California (without regard to conflict of law principles). Any cause
of action by you with respect to the Site (and/or any information, products
or services related thereto) must be instituted within one (1) year after
the cause of action arose or be forever waived and barred. All actions shall
be subject to the limitations set forth in Sections above. The
language in this Agreement shall be interpreted as to its fair meaning and
not strictly for or against either party. All legal proceedings arising out
of or in connection with this Agreement shall be brought solely in San
Jose, California. You expressly submit to the exclusive jurisdiction of
said courts and consents to extra-territorial service of process. Should
any part of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision nor of the
right to enforce such provision.
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