Terms of Use

1. Acknowledgment and Acceptance of Terms
The following terms and conditions govern all use of the websites of Memory Protection Devices, Inc. ("MPD"), and all the content, services and products available at or through the websites (collectively, "the Websites" or "Our Websites"). The Websites are owned and operated by MPD. The Websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MPD's Privacy Policy) and procedures that may be published from time to time on the Websites by MPD (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Websites. By accessing or using any parts of the Websites, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Websites or use any services. If these terms and conditions are considered an offer by MPD, acceptance is expressly limited to these terms. The Websites are available only to individuals who are at least 13 years old.
MPD further reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. MPD may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

2. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Our Websites link. MPD does not have any control over those non-MPD-owned websites and webpages, and is not responsible for their contents or their use. By linking to a non-MPD-owned website or webpage, MPD does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MPD disclaims any responsibility for any harm resulting from your use of non-MPD-owned websites and webpages.

2. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Our Websites link. MPD does not have any control over those non-MPD-owned websites and webpages, and is not responsible for their contents or their use. By linking to a non-MPD-owned website or webpage, MPD does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MPD disclaims any responsibility for any harm resulting from your use of non-MPD-owned websites and webpages.

3. Copyright Infringement and DMCA Policy
As MPD asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by any of the Websites violates your copyright, you are encouraged to notify MPD in accordance with the Digital Millennium Copyright Act. MPD will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

3. Copyright Infringement and DMCA Policy

As MPD asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by any of the Websites violates your copyright, you are encouraged to notify MPD in accordance with the Digital Millennium Copyright Act. MPD will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

4. Intellectual Property
This Agreement does not transfer from MPD to you any MPD or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MPD. All trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of MPD or other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any MPD or third-party trademarks.

4. Intellectual Property

This Agreement does not transfer from MPD to you any MPD or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MPD. All trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of MPD or other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any MPD or third-party trademarks.

5. Termination
MPD may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5. Termination

MPD may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. Disclaimer of Warranties
The Websites are provided "as is". MPD and its suppliers, partners and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MPD nor its suppliers, partners and licensors, makes any warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.

6. Disclaimer of Warranties

The Websites are provided "as is". MPD and its suppliers, partners and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MPD nor its suppliers, partners and licensors, makes any warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.

7. Limitation of Liability
In no event will MPD, or its suppliers, partners or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. MPD shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

7. Limitation of Liability

In no event will MPD, or its suppliers, partners or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. MPD shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

8. General Representation and Warranty
You represent and warrant that (i) your use of the Websites will be in strict accordance with the MPD Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.

8. General Representation and Warranty

You represent and warrant that (i) your use of the Websites will be in strict accordance with the MPD Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.

9. Indemnification
You agree to indemnify and hold harmless MPD, its suppliers, partners and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Websites, including but not limited to your violation of this Agreement.

10. Miscellaneous
This Agreement constitutes the entire agreement between MPD and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MPD, or by the posting by MPD of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Websites will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located respectively in Nassau County and the Eastern District of New York. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MPD may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

10. Miscellaneous

This Agreement constitutes the entire agreement between MPD and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MPD, or by the posting by MPD of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Websites will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located respectively in Nassau County and the Eastern District of New York. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MPD may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.