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.
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.
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.
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.