Terms & Conditions
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.
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.