Terms & Conditions
By
using this site, you agree to these Terms & Conditions and our Privacy
Policy. We all wish we could live in a world without fine print,
but until then you must agree with the following. If you do not agree to these Terms &
Conditions please do not use this site. We reserve the right to change, modify,
add, or remove portions of these Terms & Conditions at any time. Your
continued use after any changes or modifications is acceptance of those
changes. All users of memorymetals.com are subject to the following Terms &
Conditions and other applicable law.
All
content on this site including but not limited to: logos, text, graphics,
images, audio, video, digital downloads, data, and software is the sole
property of Memory Metals or Memory Metals' suppliers or licensors. We
understand that many companies offer similar products, but everything found on
our site we consider to be ours. All
content is protected by all applicable laws of The United States, other
countries, or international treaties. All compilation of content on this site
is protected by all applicable laws of The United States, other countries, or
international treaties. All trademarks that appear on this site that are not
owned by Memory Metals are the property of their respective owners, which may
or may not be affiliated or connected to Memory Metals.
Memory
Metals has made every effort to ensure the accuracy of information on this
site; including but not limited to: product descriptions, product images, text
articles, informational articles, technical specifications, availability, etc.
However, Memory Metals is not responsible for any errors in site information.
Our informational articles are provided as our opinions only, and we do not
claim or intend to imply in any way that we are experts of any kind. We do not
guarantee that any information is accurate. We all strive for perfection, but
who among us has truly achieved it?
Memory Metals has made every effort to display merchandise on this site
as accurately as possible, and to this date we have never had any issues arise.
Memory Metals is not responsible for poor monitor quality making our products
look different than they truly are or for any color or detail displayed on your
screen and we do not guarantee that any display is accurate.
Any
featured products, promotions, or sale merchandise may be available in limited
quantities or only while supplies last. As such we try to remove any items as
they become un-available, but display of an item is not a guarantee that the
item is currently available or will become available at a later date. We make every effort to keep stock quantities
up to date but day to day stock will vary.
Your
use of this site shall be governed in all respects by the laws of the State Of Utah.
By accepting these Terms & Conditions you agree that jurisdiction over and
venue in any legal proceedings arising out of or relating to this site, both
directly and indirectly, including but not limited to the purchase of products
from www.memorymetals.com, shall be held in the state or federal courts located
in Salt Lake County, Utah. Any cause of action or legal claim you may make in
regards to the site, including but not limited to the purchase of products from
www.memorymetals.com, must be within one (1) year after the claim or cause of
action arises. If Memory Metals fails to insist upon or enforce the strict
performance of any provision of these Terms & Conditions, it shall not be
construed as a waiver of any right or provision. The course of conduct between
parties nor trade practice shall not act to modify any of these Terms &
Conditions. Memory Metals may assign its rights and duties at any time and
without notice, to any party.
Memory
Metals grants you limited license to use and access this site for personal,
non-commercial use. You are not in accordance with our Terms & Conditions
allowed to download any material contained within this site, including but not
limited to graphics, text, software, or other content, except for as necessary
to access the site for personal, non-commercial use. Printing single copies of
pages for personal, non-commercial use is permitted. It is expressly forbidden
to infringe on any copyrights or other proprietary notices. You are not in
accordance with our Terms & Conditions allowed to link to or alter in any
way, any page within the site without Memory Metals' express written
permission. This does not include subscribing to any RSS feeds. This site, or
any derivative of it, any and all of its contents and any customer or account
information may not in any form or by any means be reproduced, downloaded,
displayed, posted, uploaded, resold, transmitted, traded, published,
repurposed, distributed, or in any other way exploited for any commercial
purpose without Memory Metals' express written consent. All rights not notated
above, including ownership and title, are reserved for and remain the sole
property of the owner and are not transferable or licensed to you.
If
you use this site, you are responsible where applicable for maintaining the
confidentiality of membership and/or account information, credit card
information, passwords, usernames, and any other form of ID that may be
required to use the site and/or to restrict access to your computer or any
other devices. By using this site you agree that you are responsible for any
and all activity that occurs under or with your account information, including
but not limited to passwords and usernames. Memory Metals reserves the right to
refuse access to the site or services provided by it, cancel any account and
usage rights, cancel orders or requests for materials made through the site,
and remove or edit any content or submissions (any user generated materials
transmitted, uploaded, or submitted to the site). By using this site you agree
to indemnify, defend, and hold harmless Memory Metals and its subsidiaries, its
owners, officers, directors, employees, agents, licensors, service providers,
and suppliers from and against any and all loses, expenses, damages, and costs,
including reasonable attorney's fees, resulting from any violation of these
Terms & Conditions or any activity relating to your account (including but
not limited to negligent or wrongful conduct) by you or any other persons
accessing the site using your Internet account. Furthermore, By using this site
you agree to indemnify, defend, and hold Memory Metals, Memory Metals' parent
company or subsidiaries and other affiliated companies and/or organizations and
sponsors and service providers and their respective officers, owners,
directors, employees, agents, licensors, service providers, suppliers, and
agents harmless from and against any third-party claims, losses, liabilities, suits,
demands, actions, claims, proceedings, damages, judgments and expenses
including but not limited to reasonable attorney's fees, costs of collections,
and any other reasonable costs of defense and/or enforcing your obligations
hereunder resulting and/or arising from any breach of any of your
representations or misuse of this site or of any other site linking to this
site. You hereby agree, by accepting these Terms & Conditions, that you
shall use your best efforts to cooperate with us in the defense of any claim.
While
we always do your best to screen a site before we add a link, we take no
responsibility for other sites policies or practices. Consequently, Memory
Metals cannot be held responsible for any accuracy, legality, relevancy,
copyright compliance, or decency of materials contained in sites linked to Memory
Metals. We will continue to add and remove links from time to time. By accepting these Terms & Conditions you
accept that use of any 3rd party links is at your own risk. You should always
consult that site's privacy policy before providing them any personal
information. Memory Metals assumes no responsibility for the content,
completeness, or accuracy found on any site that links to or from Memory Metals.
Memory Metals does not guarantee, promise, or in any way imply that you will be
satisfied with any products or services that you purchase from a 3rd party site
that links to or from Memory Metals, or any 3rd party content that is included
on our site. Memory Metals in no way endorses any of the merchandise or
services, and in no way has verified accuracy or reliability of any information
contained in such 3rd party sites or content. Memory Metals assumes no
responsibility or makes any guarantees as to the security of any information,
including but not limited to personal information, credit card information, or
information of any other kind, that you may be requested to give to 3rd party
sites. You, by accepting these Terms & Conditions, waive any right or claim
against Memory Metals in regards to such sites and 3rd party content. Memory
Metals always suggests you should investigate any site and read all policies
and conditions, before making any on or offline transaction or
submitting/transmitting any personal information to any 3rd parties.
Any
and all information you transmit, submit, upload, or in any other medium
send/deliver to Memory Metals, in any manner (including but not limited to
email messages, comments, suggestions, reviews, questions, chat postings,
material submitted in forums or blogs, creative ideas or suggestions, notes,
information, pictures, images, drawings, concepts, etc.) via our website or
other means of delivery shall henceforth be collectively referred to as
"Submissions". Memory Metals bears no responsibility for any issues
or problems, security or otherwise, that arise during, after, or in the course
of transmitting and/or delivering "Submissions". If you transmit or
in any manner otherwise deliver any submissions to Memory Metals, you grant Memory
Metals a royalty-free, nonexclusive, perpetual, irrevocable (or if applicable
the longest time period allowed by law) license with all rights to (but not
limited to) sub-license and/or assign, use, modify, publish, display in any
way, transmit, reproduce, adapt, make, perform and/or display publicly, sell,
translate, duplicate, advertise, create advertising with, create derivative
works from and distribute such "Submissions" in any way, and/or
incorporate such "Submissions" into any other works of any kind,
type, or medium, and through any modes or means of distribution or technology
currently known or hereafter developed. By accepting these Terms &
Conditions, you hereby agree and represent that you own or have been granted
the necessary intellectual property and any other rights associated with the
"Submissions". This includes but is not limited to, a waiver of any
moral rights if applicable, to grant such a license to Memory Metals. By
accepting these Terms & Conditions you also agree that no such "Submissions"
delivered to Memory Metals are, or shall be, subject to any obligations of any
forms of confidence on the part of Memory Metals, and that Memory Metals shall not
be liable for any use or disclosure of any such "Submissions". Memory
Metals shall be granted and/or entitled, without any limitation of the
foregoing, unrestricted use of any and all "Submissions" for any
purpose whatsoever, in any industry commercial or non-commercial, without any
compensation to the submitter and/or provider of the "Submissions".
By accepting these Terms & Conditions you hereby agree not to make obscene,
abusive, slanderous, libelous, or any other unlawful or otherwise hurtful
"Submissions" and you agree that you are exclusively liable for any
and all content of any "Submissions" made by you. Memory Metals is a
general audience website so please keep in mind children could be on the site
and not post any vulgar or un-child friendly material on any forum.
"Forum"
means any message board, chat area, blog, email function, or any other function
that allows you to transmit or submit material to any Memory Metals site for
display, storage, or distribution offered as part of any Memory Metals site or
by any affiliated organization/company and/or service provider of Memory Metals.
Any material transmitted, submitted, or otherwise delivered to any
"Forum" shall constitute "Submissions" and is hereby
governed by any and all provisions applicable to "Submissions" in
these Terms & Conditions. Memory Metals reserves the right to remove and/or
edit any content from any Memory Metals "Forum" at any time, for any
reason, and without notice. Memory Metals cannot and does not review all
"Submissions" and materials posted to or created by users accessing
this site, and is not in any manner responsible or liable for the content of
these "Submissions" and materials. By accepting these Terms &
conditions you acknowledge and agree that Memory Metals is simply and only
acting as a passive conduit for such distribution and is not undertaking any
responsibility, obligation, or liability relating to any comments, activities,
or "Submissions" on the site. By accepting these Terms &
Conditions, you agree that if you participate in any "Forum" within
the Memory Metals site that you must not, and you agree that you will not
through the use of any "Submissions" or in any other way: Post or
submit any form of abusive, slanderous, threatening, bigoted, hateful, or
racially offensive statements; In any way threaten, abuse, harass, or defame
others; Post or distribute any obscene, vulgar, discourteous, or indecent images
or language; Attempt to solicit, advertise, or sell to others; Advocate in any
way any drugs or illegal activities, or discuss any drugs or illegal
activities; Post or distribute any material (including but not limited to
images, logos, etc.) that infringes on any copyright and/or infringes or
violates any right of any 3rd party or law; Post or distribute any software or
any other kind of materials which contain a virus or any other harmful
component; Use the "Forum" for any kind of commercial purpose. By
accepting these Terms & Conditions you agree that you will not in any way
attempt to mislead others. Information contained in any "Forum" may
not be reliable or factual information, Memory Metals is in no way responsible
or liable for the accuracy or content of any information. Please use general
common sense when participating in a "Forum", on this site or any
other, don't give out important personal information and understand people
might not be who they say they are, know what they say they know, or be
affiliated with any company or person they say they are affiliated with. By
accepting these Terms & Conditions you agree that participation in any Memory
Metals "Forum" is strictly at your own risk, and we bear no liability
for anything that happens or occurs as a result of using the "Forum".
Under
no circumstances, including but not limited to negligence, shall Memory Metals
be responsible or liable for any direct, indirect, incidental, consequential,
or special damages that result from the use of, or the inability to use, any Memory
Metals site or any part thereof, including but not limited to materials or any
site functions, even if Memory Metals has been notified of the possibilities of
such damages. Applicable law may not allow such a limitation or exclusion of
liability or incidental or consequential damages, so the above limitation
and/or exclusion may not apply to you. By accepting these Terms &
Conditions, you shall agree that in no event shall our liability to you for all
damages, loses, and causes of action exceed the amount paid by you, if any, to Memory
Metals. In no event shall Memory Metals be liable for any breach in transaction
security caused by a third party arising out of and/or relating to any purchase
or any attempt to purchase merchandise.
By
accepting these Terms & Conditions you agree unless otherwise notated, the
materials and products promoted by Memory Metals are for the express purpose of
promoting products and services in the United States. Memory Metals makes no
claims that any product or service is available or appropriate for use in any
particular area. Memory Metals makes no claims that any product or service is
appropriate for use on any equipment and/or factory endorsed. Memory Metals
makes no claims as to the quality of any service provider. Those who chose to
use Memory Metals do so on their own initiative and at their own risk, and are
responsible for compliance with any local laws, if any and to the extent local
laws are applicable.
These
Terms & Conditions are effective and valid until terminated by either
party. Your access to Memory Metals may be terminated at any time without
notice from us if, in our sole discretion, you fail to comply with any
provision of these Terms & Conditions. In the event of such a termination,
you must cease use of the Memory Metals site and destroy any and all materials
obtained from such site and all copies thereof, whether made under the
provisions of the Terms & Conditions or otherwise. You may terminate at any
time by discontinuing use of all Memory Metals sites. Upon such a termination
you must destroy all materials obtained from any and all such sites and all
related documentation and all copies and installations thereof, whether made
under the provisions of the Terms & Conditions or otherwise.
Harassment
in any manner or form on any Memory Metals site is strictly forbidden including
but not limited to via email, chat, forum, blog, or by the use of obscene or
abusive language. Impersonation of others (including but not limited to Memory
Metals employees, hosts, representatives, as well as other users or visitors)
is strictly prohibited. By accepting these Terms & Conditions, you agree
that you may not upload to or distribute any "Submissions" through
the site material that is obscene, threatening, libelous, defamatory, invasive of
publicity or privacy rights, illegal, abusive, or otherwise objectionable which
may encourage or constitute a criminal offense or in any other way break any
law, violate any persons rights, or which otherwise may give rise to liability.
You may not use Memory Metals to solicit others anything including but not
limited to any goods, services, sites, memberships, of any commercial online
service or any other organization. Solicitation of any kind is expressly
forbidden. You may not upload any commercial material to the site without
express written permission from Memory Metals.
If
any provision of these Terms & Conditions is deemed unlawful, void, or for
any reason unenforceable, then that provision is deemed severable from these
Terms & Conditions and shall not affect the validity and enforceability of
any remaining provisions. These Terms & Conditions serve as the entire
agreement between us relating to the subject matter contained herein and shall
not be modified except in writing, and signed by both parties.
Thank you!
