Acceptance and Changes of Terms
The following terms and conditions (hereafter the “Terms”) shall apply for your use of the Innodisk Corporation (Hereafter “We” or “Innodisk”) website (hereafter the “Website”) and any affiliated subdomains, including but not limited to web content, downloadable files, the MyInnodisk™ service and any other services offered on the website, or any other material incorporated by reference.
Please read the Terms carefully before using the Website. By using the Website you are deemed to have understood and agreed on the Terms herein stated. The Terms may be changed without any prior notice, and are effective immediately upon publication on the Website. By your continued use of the Website, you are deemed to have understood and agreed on these changes. Please check this page regularly and make yourself familiar with any updates.
If you do not agree to or abide by any or all of the Terms stated herein, please discontinue your use of the Website.
We reserve the right to amend or withdraw the Website, as well as services provided on the Website at any time at our discretion. Access to any or all parts of the Website may be restricted at any time including for registered users. Innodisk shall in no way be liable for content that is unavailable due to any reason.
You are responsible for making sure every user that accesses the Website through your internet connection is aware of and agrees on the Terms.
You agree that all information you provide for the MyInnodisk account is correct, up to date and complete, and We reserve the right to suspend or terminate your account at any time under our discretion.
You are responsible for keeping your MyInnodisk Account name and password safe, and notifying Innodisk if you suspect hacking or similar security breaches have occurred.
Copyright and all other proprietary rights for the Website and all material mentioned on it, including but not limited to software, audio, video, text, image and photographs (hereinafter referred to as "Content") rests with Innodisk, its affiliates or its licensors. All rights in the Content not expressly granted herein are reserved. Unless otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Innodisk is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
Innodisk’s name and its logo, along with all related names and logos, product names, service names, slogans and designs are all trademarks of Innodisk or our subsidiaries or affiliates, and cannot be used without written permission from Innodisk. No reseller, distributor or integrator may deface or alter any Innodisk product or packaging in any way, in particular, by removing, altering or obscuring the Innodisk mark or other proprietary rights notice contained therein without Innodisk’s prior formal written approval and is strictly prohibited. The misuse of the trademarks displayed on the Website, or any other content on the Website, is strictly prohibited. All other company names, product names, service names, logos and slogans on the Website may be the trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on the Website without the permission of Innodisk or such third party that may own the trademarks displayed on the Website.
Marks that represents goods:
- iData Guard™
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate Innodisk, an Innodisk employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Innodisk or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database
connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
If you breach this section you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing your name and any other relevant information that We holds about you. In the event of such a breach, your right to use the Website will cease immediately.
If We suspects violations of any of this section, We may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with Innodisk in investigating suspected violations. We reserves the right to install, implement, manage and operate one or more software, monitoring or other solutions designed to assist in identifying or tracking activities that We considers to be illegal or violations of these Terms, to the extent such measures are allowed by applicable law.
Legal Disclaimer and Limitation of Liability
ALL CONTENT AND OTHER INFORMATION MENTIONED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS.
INNODISK HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR OTHER INFORMATION.
INNODISK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED.
INNODISK DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY INNODISK ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
Innodisk does not warrant the accuracy, reliability or timeliness of any information published on the Website, nor does it endorse any content, viewpoints, products, or services linked from this Website, and shall not be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from this Website does so at his or her own risk.
Innodisk reserves the right to change or update any and all content or information of the Website or the format thereof at any time without prior notice. Innodisk, at its sole discretion, reserves the right to terminate or restrict your access to the Website for any reason.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INNODISK BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, EVEN IF INNODISK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST INNODISK PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO INNODISK IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE OF THE CAUSE FOR ACTION AROSE. IF YOUR USE OF THE CONTENT, INFORMATION OR SERVICES FROM THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
To the maximum extent permitted by applicable law, Innodisk's maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the Website, Linked sites, third party materials (if any), services or your use of the Website will be to recover the actual damages you incur based upon reasonable reliance on the Website up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to these Terms, the Website, Linked sites, third party materials (if any) or services will not enlarge or extend the limitation of money damages. To the maximum extent permitted by applicable law, these actual money damages will be your sole remedy.
Some jurisdictions do not allow certain contract terms. If a court of competent jurisdiction deems the above liability cap unenforceable, it will to that extent not be applicable but instead the words "up to five dollars (U.S. $5.00)" will be deemed replaced by the words "up to the value of the transaction in respect of which liability has arisen."
Nothing in this section will be interpreted as purporting to exclude liability which cannot under prevailing legislation be excluded, but any such statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under such legislation.
This Website may provide links to other websites that are not under the control of Innodisk. Innodisk shall not be responsible for the content of such other websites. Innodisk provides such links only as a convenience to the user of this Website, and the inclusion of any link to any such websites does not imply endorsement by Innodisk of the content of such websites.
Governing Law and Jurisdiction