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| THIS IS A CONTRACT |
| These terms and conditions shall govern the use of Imation Electronics Products' Web Site. These terms and conditions are intended to be a legal and binding agreement between Imation Electronics Products, a division of Imation Enterprises, Inc., including its affiliates ("Imation") and you. By accessing and browsing this Web Site, you acknowledge that you have read and reviewed these terms and conditions and that you agree to be bound by them. |
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| TRADEMARKS; COPYRIGHT PROVISIONS |
| All information and material contained in this Web Site are subject to copyright and/or trademark protection laws. You are welcome to duplicate, store, or print copies of all information provided herein for your personal use, with the understanding that Imation retains the copyright on all media including, but not limited to text, graphics, and photographs. You may not, however, distribute the media in any form, print or otherwise (including but not limited to reproduction, publication, re-transmission or distribution), in whole or in part, contained in this Web Site without the prior written permission from Imation. You are also not permitted to link or "mirror" any part of this Web Site without the prior written permission from Imation.
Imation does not grant any copyright license, actual or implied, through the presentation of graphics, text, or photographs within this Web Site, nor does Imation intend to make available for any use, any copyrighted materials within this Web Site beyond those fair uses defined in law or equity under the Doctrine of Fair Use of copyrighted materials. |
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| DISCLAIMERS |
| IMATION PROVIDES THE INFORMATION IN THIS INTERNET WEB SITE AS A PUBLIC SERVICE TO ITS CUSTOMERS, AND RESERVES THE RIGHT TO CHANGE THE CONTENTS OF THE INFORMATION WITHOUT NOTICE. IMATION PROVIDES THIS INFORMATION "AS IS" AND IS NOT LIABLE FOR THE ACCURACY, COMPLETENESS, AND/OR RELIABILITY OF THE CONTENTS OF THE INFORMATION PROVIDED HEREIN. TO THE EXTENT PERMITTED BY LAW, IMATION DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Imation's products and services may require regulatory approval in some jurisdictions, and, the purchase, ownership, and/or use of certain Imation products or services may not be lawful in some jurisdictions. The presentation of information about Imation's products and services and the availability of an order entry page within this home page are not intended to constitute an offer for sale by Imation in any jurisdiction, nor are they intended to constitute a solicitation for offers to buy in any jurisdiction where the purchase, ownership, and/or use of an Imation product or service has not received any required regulatory approval or where the purchase, ownership and/or use of an Imation product or service is unlawful.
The information contained in this Web Site is presented as a public service only. The information is not presented for the purpose of conducting business within any jurisdiction and Imation does not intend any information in this Web Site to constitute an advertisement or offer for sale of Imation's products and/or services in any jurisdiction. All offers to purchase are accepted by Imation in the jurisdiction in which Imation makes the product available for shipment from its dock. All sales transactions are consummated, and title passes, at the point of shipment. |
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| RESTRICTIONS OUTSIDE THE UNITED STATES |
| Imation and its affiliates which offer this Web Site to you are headquartered in the United States. Imation makes no representation that this Web Site or its product offerings are appropriate or legal for use inside or outside the United States. You are responsible for all compliance with your local laws and use of this Web Site or its product offerings where illegal or are expressly prohibited. |
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| SUBMISSION OF COMMENTS |
| All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to Imation in this Web Site (collectively, "Comments") in response to solicitations in this Web Site shall be deemed and shall remain the property of Imation. None of the Comments shall be subject to any obligation of confidence by Imation. Imation shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, Imation shall exclusively own all present or hereafter existing rights to the Comments of every kind and nature throughout the world and shall be entitled to unrestricted use of the Comments for any purpose whatsoever without compensation to the provider of the Comments. |
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| LIMITATION OF LIABILITY |
| UNDER NO CIRCUMSTANCES SHALL IMATION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFIT, AND LOSS OF DATA, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE RESULTING FROM THE USE OR INABILITY TO USE THIS WEB SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. |
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| GOVERNING LAW |
| This Agreement shall be governed by the laws of the State of Minnesota and venue and jurisdiction for all disputes will exclusively lie in St. Paul, Ramsey County, Minnesota. |
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