Terms

TERMS OF USE

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

SITE TERMS OF USE MODIFICATION

Global Memory Procurement Corporation, www.memory.net, may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

DISCLAIMER

The materials on www.memory.net are provided "as is." Global Memory Procurement Corporation makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Global Memory Procurement Corporation does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

LIMIT OF LIABILITY

This warranty gives you specific legal rights, and you may also have other rights, which vary by jurisdiction. This limitation does not affect your statutory rights. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL GMPC BE LIABLE FOR ANY LOST IMAGES, DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF GMPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GMPC’s LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.

LIMITATIONS

In no event shall Global Memory Procurement Corporation or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Global Memory Procurement Corporation’s Internet site, www.memory.net, even if Global Memory Procurement Corporation or Global Memory Procurement’s authorized representative has been notified by any means of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

REVISIONS, OMISSIONS, and ERRORS

The materials appearing on Global Memory Procurement Corporation’s web site, www.memory.net, could include technical, typographical, or photographic errors. Global Memory Procurement Corporation does not warrant that any of the materials on its web site are accurate, complete, or current. Global Memory Procurement Corporation may make changes to the materials contained on its web site at any time without notice. Global Memory Procurement Corporation does not, however, make any commitment to update the materials.

LIMITED USE OF GOODS

Global Memory Procurement Corporation's goods are not designed for, and Seller has no desire to enter the life support market or to supply its goods for use in life support systems, critical care applications, human implantations, nuclear facilities or systems or any other applications in which product failure could lead to loss of life or catastrophic property damage, or to expose itself to the risk of loss, expense, cost, liability, litigation and/or potential adverse verdict or judgment in relation to any such use of its goods. Accordingly, Seller disclaims liability, and Buyer and Buyer's customers' use or sell such goods for use in such applications at their own risk, and Buyer shall indemnify, defend and hold harmless Seller and its subsidiaries from and against (i) claims, demands, actions, litigation, proceedings and the like arising out of or related to such use or sale ("Use Claims"), and (ii) liens, liabilities, damages, costs, expenses (including reasonable attorney's fees) and the like arising out of or related to any Use Claim.

GENERAL

This agreement and performance by the parties hereunder shall be governed and construed in accordance with the laws of the State of California, including the provisions of the California Uniform Commercial Code but excluding its “conflict of laws” provisions. The parties expressly exclude the applicability of the United Nations Convention on International Sale of Goods. Any and all actions or proceedings arising out of or relating to this agreement or the goods or transactions shall be exclusively filed and resolved by the Superior Court of California, County of Orange. All agreements, covenants, conditions and provisions contained herein shall apply to and bind the assignees and successors in interest of Buyer. If any provision or part of this agreement is held to be invalid, illegal, unconscionable or unenforceable, the other provisions and portions hereof shall not be affected. The captions used herein are for the convenience of the parties only and shall not affect its construction or interpretation.

POLICY ON UNOPENED PRODUCT RETURNS

END USER - Individual Consumer, or any person not purchasing for a public or private entity:

If you buy something, and it is 100% unopened, just sits on the counter, and you decide within 14 days of purchasing it that you made a mistake, then contact us, we’ll give you an RMA (Return Merchandise Authorization) number, and you can ship it back to us at your expense. In no event shall goods be returned without first obtaining our written permission/authorization. An RMA (Returned Merchandise Authorization) number issued by GMPC must accompany all returned goods. Goods returned without an RMA number may be refused.

Upon return, GMPC will inspect the product. If it is exactly like it was when we shipped it to you, we’ll refund your money. Remember, you are paying the freight. (It was your mistake, or you changed your mind. Not our fault, right?) It has to be packed properly and returned to us in perfect condition. If it is damaged in transit, it is your responsibility.

If you want to return that same unopened product after 14 days, but before 30 days, contact us, get an RMA number, and you can send it back for store credit only. (NOT a refund.) There will be a 20% restocking fee. (Remember, you changed your mind. Then you waited to return it. Not our fault.)

Refunds or store credits for product sold 30 days or longer, are not given.

RESELLER - Any Public or Private, GOV, EDU, For Profit or Non-Profit Entity:

If an entity, or an individual acting on behalf of, or for the benefit of, an entity, purchases product, and decides within 7 days after purchasing product that you want to return it, contact us to discuss receiving an RMA (Returned Merchandise Authorization). The purchaser will be charged a 20% restocking fee. Product has to be 100% unopened and in the exact condition you originally received it. If purchased product has been shipped to a third party, in most cases GMPC will not issue an RMA. In no event shall goods be returned without first obtaining our written permission/authorization. An RMA number issued by GMPC must accompany all returned goods, and terms of payment of the restocking fee must be agreed upon before issuing the RMA will occur. Goods returned without an RMA number may be refused.

Policy on Opened Product Return

We do not offer refunds on opened product. There may be rare occasions, that at the sole discretion of GMPC, that a return may be approved, with at least a 20% restocking fee. All negotiations, and successful settlement of restocking fees, must be completed prior to RMA number being issued. Goods returned without an RMA number may be refused.