Terms of Use
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 c 2003 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.
old
Imation, the Imation logo, Travan, Travan NS, the Travan
NS logo, Primaris, Royal Guard, Magnus, SuperDisk, the
SuperDisk logo, DiscGO!, FlashGO!, Label-N-GO!, and
RipGO! are trademarks of Imation Corp., Oakdale, Minnesota.
Black Watch is a trademark under license to Imation
Corp. All other marks are the property of their respective
owners. |