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General Terms & Conditions
This Web site ("the Site") is owned and maintained by Imation
Corp., Imation Enterprises Corp., and other affiliates of Imation Corp.
(collectively, "Imation"). By accessing or using this Site,
you unconditionally agree to be bound by all of the terms, conditions,
and notices contained in this Site Use Agreement. Additional terms and
conditions applicable to specific areas of the Site or to particular
content or transactions may also be posted in particular areas of the
Site and, together with these general terms and conditions, govern your
use of those areas. These general terms and conditions in this Agreement,
together with such additional terms and conditions where applicable,
are referred to as "this Agreement."
By using the Site, you express your understanding and agreement that
you are bound by these general terms and conditions. By using areas
of the Site on which other terms and conditions are posted, you express
your understanding and agreement that you are bound by those terms and
conditions as well. If you are unwilling to be bound by these general
terms and conditions, do not use the Site. If you are unwilling to be
bound by terms and conditions applicable to particular areas of the
Site, do not use those areas.
By using the Site, you also express your understanding and agreement
that you are responsible for complying with all applicable laws and
regulations, including export and re-export control laws and any applicable
local laws. Accessing or using any portion or feature of the Site from
any territory where such portion or feature of the Site is illegal is
prohibited.
Imation reserves the right to revise this Agreement at any time by revising
the terms and conditions herein. You are responsible for regularly reviewing
these terms and conditions. By continuing to use the Site after such
revisions are made, you express your understanding and agreement to
such revised terms.
Imation Intellectual Property
The Site and all of its content (including but not limited to all text,
images, and software) are the property of Imation or its licensors and
are protected by United States and international copyright, trademark
and other laws. Imation reserves all intellectual property rights not
expressly granted under this Agreement.
DISCLAIMERS
The material and information on the Site may contain technical, typographical,
or other errors or inaccuracies (including errors, inaccuracies or omissions
relating to product or service descriptions, pricing, or availability)
and may not be complete or current. IMATION DOES NOT WARRANT THAT ANY
MATERIAL OR INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT.
Imation may change any material or information on the Site at any time
without prior notice, but Imation does not make any commitment to update
material or information on the Site.
IMATION MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS
APPLICABLE, LAWFUL, OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE
OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS.
Imation has not reviewed all of the sites to which links appear on the
Site and is not responsible for their contents. The inclusion of any
such link on the Site does not imply endorsement by Imation of any linked
site, the use of which is at the user's own risk
WARRANTY DISCLAIMER
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF ITS CONTENT ARE
MADE AVAILABLE BY IMATION "AS IS," WITH ALL FAULTS, AND WITHOUT
ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING
BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET
ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION,
OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. USERS OF THE
SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY,
AND PERFORMANCE OF THE SITE AND ITS CONTENT AND ACKNOWLEDGE THAT THE
SITE AND ITS CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO
TIME. IMATION DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL
OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY IMATION WEB
SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIMITATION OF LIABILITY
?IMATION ASSUMES NO LIABILITY FOR LOSS OR DAMAGE HOWSOEVER RESULTING
FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENT. IN NO EVENT
WILL IMATION BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA,
BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE)
ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENT, THE USE THEREOF,
OR THE INABILITY TO USE THE SITE, EVEN IF IMATION HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR
LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF IMATION
UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING
OUT OF THE SITE, ITS USE OR ITS CONTENT SHALL NOT EXCEED ONE THOUSAND
US DOLLARS (US$1,000.00).
U.S. Government Restricted Rights
The Site and its contents are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the United States Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) in The Rights
in Technical Data and Computer Software Clause at DFARS 252.227-7013,
or subpara-graphs (c)(1) and (2) of the Commercial Computer Software
-- Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer
is Imation Corp., 1 Imation Place, Oakdale, Minnesota 55128-3414.
Applicable Law & Dispute Resolution
Imation maintains and operates the Site from its facilities in Minnesota
in the United States of America. Use of the Site and its contents, all
transactions arising from use of the Site, and this Agreement, shall
in all respects be governed by and interpreted, construed, and enforced
in accordance with the laws of the United States of America and the
state of Minnesota, without giving effect to any principles of conflict
of laws.
Any dispute between Imation and any user of the Site will be venued
in a state or federal court situated within the state of Minnesota,
and the user hereby irrevocably submits to the personal jurisdiction
of such courts for that purpose. The parties hereby agree to exclude
the application of the United Nations Convention on Contracts for the
International Sale of Goods.
General
Every provision of this Agreement shall be construed, to the extent
possible, so as to be valid and enforceable. If any provision of this
Agreement so construed is held by a court of competent jurisdiction
to be invalid, illegal or otherwise unenforceable, such provision shall
be deemed severed from this Agreement, and all other provisions shall
remain in full force and effect. Any section headings or titles in this
Agreement are inserted for convenience only and shall have no other
meaning. This Agreement, sets forth the entire agreement and understanding
between Imation and the user of the Site regarding the subject matter
hereof and supersedes any prior representations, advertisements, statements,
proposals, negotiations, discussions, understandings, or agreements
regarding the same subject matter.
Copyright & Trademark
All Site content is Copyright © 1999, 2000, 2001 Imation Corp.
All rights reserved. Note that any product, process, or technology described
in the Site content may be the subject of other Intellectual Property
rights reserved by Imation, and are not licensed hereunder. User may
not distribute, modify, copy, reproduce, publish, license, create derivative
works of, transfer, or sell any Site content, except for the user's
personal, non-commercial use. Except under express written license from
Imation, Site content may not be used on any other Web site. Imation,
the Imation logo, Verifi, the Verifi logo, Matchprint, and Rainbow are
all trademarks of Imation Corp., Oakdale, Minnesota. All other marks
are property of their respective owners.