Terms and
Conditions
AGREEMENT TO OUR LEGAL
TERMS
We are Solid Disk Direct, doing business as Solid Disk Direct ("Company," "we," "us," "our"), a company warehouse in 6600 N Lincoln Ave Ste 316 Lincolnwood Illinois 60712 United States
We operate the website https://soliddiskdirect.com (the
"Site"), as well as any other related products and services that
refer or link to these legal terms (the "Legal Terms") (collectively,
the "Services").
You can contact us by phone at (+1)872-253-0966, email at support@soliddiskdirect.com, or by mail to 6600 N Lincoln Ave Ste 316 Lincolnwood Illinois 60712 United States
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity
("you"), and Solid Disk Direct, concerning your access to and use of
the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT
AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Legal Terms at any time and for any
reason. We will alert you about any changes by updating the "Last
updated" date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically
review these Legal Terms to stay informed of updates. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the changes
in any revised Legal Terms by your continued use of the Services after the date
such revised Legal Terms are posted.
The Services are intended for users who are at
least 18 years old. Persons under the age of 18 are not permitted to use or
register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1.
OUR SERVICES
2.
INTELLECTUAL PROPERTY
RIGHTS
3.
USER REPRESENTATIONS
4.
USER REGISTRATION
5.
PRODUCTS
6.
PURCHASES AND PAYMENT
7.
RETURN POLICY
8.
PROHIBITED ACTIVITIES
9.
USER GENERATED
CONTRIBUTIONS
10.
CONTRIBUTION LICENSE
11.
GUIDELINES FOR REVIEWS
12.
THIRD-PARTY WEBSITES
AND CONTENT
13.
ADVERTISERS
14.
SERVICES MANAGEMENT
15.
PRIVACY POLICY
16.
TERM AND TERMINATION
17.
MODIFICATIONS AND
INTERRUPTIONS
18.
GOVERNING LAW
19.
DISPUTE RESOLUTION
20.
CORRECTIONS
21.
DISCLAIMER
22.
LIMITATIONS OF
LIABILITY
23.
INDEMNIFICATION
24.
USER DATA
25.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26.
CALIFORNIA USERS AND
RESIDENTS
27.
MISCELLANEOUS
28. CONTACT US
1.
OUR
SERVICES
The information provided when using the
Services is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2.
INTELLECTUAL
PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the "Content"), as well as
the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by
copyright and trademark laws (and various other intellectual property rights
and unfair competition laws) and treaties in the United States and around the
world.
The Content and Marks are provided in or
through the Services "AS IS" for your personal, non-commercial use or
internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal
Terms, including the "PROHIBITED ACTIVITIES" section below, we grant
you a non-exclusive, non-transferable, revocable license to:
·
access the Services;
and
·
Download or print a
copy of any portion of the Content to which you have properly gained access.
Solely for your personal, non-commercial use
or internal business purpose.
Except as set out in this section or elsewhere
in our Legal Terms, no part of the Services and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our
Legal Terms, please address your request to: support@soliddiskdirect.com. If we
ever grant you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to
you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property
Rights will constitute a material breach of our Legal Terms and your right to
use our Services will terminate immediately.
Your submissions
Please review this section and the
"PROHIBITED ACTIVITIES" section carefully prior to using our Services
to understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission
and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you.
You are responsible for what you post or
upload: By sending us Submissions through any part of the Services you:
·
confirm that you have
read and agree with our "PROHIBITED ACTIVITIES" and will not post,
send, publish, upload, or transmit through the Services any Submission that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
·
to the extent
permissible by applicable law, waive any and all moral rights to any such
Submission;
·
warrant that any such
Submission are original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant
us the above-mentioned rights in relation to your Submissions; and
·
Warrant and represent
that your Submissions do not constitute confidential information.
You are solely responsible for your
Submissions and you expressly agree to reimburse us for any and all losses that
we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
3.
USER
REPRESENTATIONS
By using the Services, you represent and
warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Legal Terms; (4)
you are not a minor in the jurisdiction in which you reside; (5) you will not
access the Services through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Services for any illegal or
unauthorized purpose; and (7) your use of the Services will not violate any
applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
4.
USER
REGISTRATION
You may be required to register to use the
Services. You agree to keep your password confidential and will be responsible
for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
5.
PRODUCTS
We make every effort to display as accurately
as possible the colors, features, specifications, and details of the products
available on the Services. However, we do not guarantee that the colors,
features, specifications, and details of the products will be accurate,
complete, reliable, current, or free of other errors, and your electronic
display may not accurately reflect the actual colors and details of the
products. All products are subject to availability, and we cannot guarantee
that items will be in stock. We reserve the right to discontinue any products at
any time for any reason. Prices for all products are subject to change.
6.
PURCHASES
AND PAYMENT
We accept the following forms of payment:
- Visa
- MasterCard
- American Express
- Discover
- Wire Transfer
- Net Credit
You agree to provide current, complete, and
accurate purchase and account information for all purchases made via the
Services. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax
will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices
then in effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment provider for any such amounts upon
placing your order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order
placed through the Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These restrictions
may include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers, or distributors.
7.
RETURN
POLICY
Please review our Return Policy posted on the
Services prior to making any purchases.
8.
PROHIBITED
ACTIVITIES
You may not access or use the Services for any
purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
·
Systematically
retrieve data or other content from the Services to create or compile, directly
or indirectly, a collection, compilation, database, or directory without
written permission from us.
·
Trick, defraud, or
mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
·
Circumvent, disable,
or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Services and/or the Content contained
therein.
·
Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Services.
·
Use any information
obtained from the Services in order to harass, abuse, or harm another person.
·
Make improper use of
our support services or submit false reports of abuse or misconduct.
·
Use the Services in a
manner inconsistent with any applicable laws or regulations.
·
Engage in unauthorized
framing of or linking to the Services.
·
Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment
of the Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.
·
Engage in any
automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.
·
Delete the copyright
or other proprietary rights notice from any Content.
·
Attempt to impersonate
another user or person or use the username of another user.
·
Upload or transmit (or
attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as "spyware"
or "passive collection mechanisms" or "pcms").
·
Interfere with,
disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
·
Harass, annoy,
intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
·
Attempt to bypass any
measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
·
Copy or adapt the
Services' software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.
·
Except as permitted by
applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the Services.
·
Except as may be the
result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the
Services, or use or launch any unauthorized script or other software.
·
Use a buying agent or
purchasing agent to make purchases on the Services.
·
Make any unauthorized
use of the Services, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
·
Use the Services as
part of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating endeavor or commercial enterprise.
·
Use the Services to
advertise or offer to sell goods and services.
·
Sell or otherwise
transfer your profile.
9.
USER
GENERATED CONTRIBUTIONS
The Services does not offer users to submit or
post content.
10.
CONTRIBUTION
LICENSE
You and Services agree that we may access,
store, process, and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions or other feedback
regarding the Services, you agree that we can use and share such feedback for
any purpose without compensation to you.
11.
GUIDELINES
FOR REVIEWS
We may provide you areas on the Services to
leave reviews or ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hateful language; (3) your reviews
should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in
our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions
or the views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sub licensable right and
license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to review.
12.
THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain (or you may be sent
via the Site) links to other websites ("Third-Party Websites") as
well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites
accessed through the Services or any Third-Party Content posted on, available
through, or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the Third-Party Content. Inclusion
of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your own
risk, and you should be aware these Legal Terms no longer govern. You should
review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or relating
to any applications you use or install from the Services. Any purchases you
make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us blameless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
13.
ADVERTISERS
We allow advertisers to display their
advertisements and other information in certain areas of the Services, such as
sidebar advertisements or banner advertisements. We simply provide the space to
place such advertisements, and we have no other relationship with advertisers.
14.
SERVICES
MANAGEMENT
We reserve the right, but not the obligation,
to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation, reporting such user
to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
15.
PRIVACY
POLICY
We care about data privacy and security.
Please review our Privacy Policy: https://soliddiskdirect.com/privacy-policy.
By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted
in the United States. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use,
or disclosure that differ from applicable laws in the United States, then
through your continued use of the Services, you are transferring your data to
the United States, and you expressly consent to have your data transferred to
and processed in the United States.
16.
TERM
AND TERMINATION
These Legal Terms shall remain in full force
and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for
any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive
redress.
17.
MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any
information on our Services. We also reserve the right to modify or discontinue
all or part of the Services without notice at any time. We will not be liable
to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be
available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for
any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
18.
GOVERNING
LAW
These Legal Terms and your use of the Services
are governed by and construed in accordance with the laws of the State of
California applicable to agreements made and to be entirely performed within
the State of Illinois, without regard to its conflict of law principles.
19.
DISPUTE
RESOLUTION
Any legal action of whatever nature brought by
either you or us (collectively, the "Parties" and individually, a
"Party") shall be commenced or prosecuted in the state and federal
courts located in Lombard, Illinois, and the Parties hereby consent to, and
waive all defenses of lack of personal jurisdiction and forum non conveniens
with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Legal Terms. In no event shall any claim, action, or
proceeding brought by either Party related in any way to the Services be
commenced more than one (1) years after the cause of action arose.
20.
CORRECTIONS
There may be information on the Services that
contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior notice.
21.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOU’RE USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT
OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22.
LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23.
INDEMNIFICATION
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) use of the Services; (2)
breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4) your violation of the rights of
a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
24.
USER
DATA
We will maintain certain data that you
transmit to the Services for the purpose of managing the performance of the
Services, as well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have undertaken
using the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
25.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
26.
ILLINOIS
USERS AND RESIDENTS
If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the Illinois Department of Consumer Affairs in writing at
100 W Randolph St, Chicago, IL 60601, or by telephone at (800) 252-8980.
27.
MISCELLANEOUS
These Legal Terms and any policies or
operating rules posted by us on the Services or in respect to the Services
constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use
of the Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.
28.
CONTACT
US
In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services,
please contact us at:
Solid Disk Direct
6600 N Lincoln Ave Ste 316 Lincolnwood Illinois 60712 United States
Phone: +1 872-253-0966
support@soliddiskdirect.com
DISCLAIMER
WEBSITE DISCLAIMER
The information provided by Solid Disk Direct
("we," "us," or "our") on https://soliddiskdirect.com (the
"Site") is for general informational purposes only. All information
on the Site is provided in good faith, however we make no representation or
warranty of any kind, express or implied, regarding the accuracy, adequacy,
validity, reliability, availability, or completeness of any information on the
Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON
ANY INFORMATION PROVIDED ON THE SITE. YOU’RE USE OF THE SITE AND YOUR RELIANCE
ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
EXTERNAL LINKS DISCLAIMER
The Site may contain (or you may be sent
through the Site) links to other websites or content belonging to or
originating from third parties or links to websites and features in banners or
other advertising. Such external links are not investigated, monitored, or
checked for accuracy, adequacy, validity, reliability, availability, or
completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY
THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED
IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.
TESTIMONIALS DISCLAIMER
The Site may contain testimonials by users of
our products and/or services. These testimonials reflect the real-life
experiences and opinions of such users. However, the experiences are personal
to those particular users and may not necessarily be representative of all
users of our products and/or services. We do not claim, and you should not
assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS
MAY VARY.
The testimonials on the Site are submitted in
various forms such as text, audio and/or video, and are reviewed by us before
being posted. They appear on the Site verbatim as given by the users, except
for the correction of grammar or typing errors. Some testimonials may have been
shortened for the sake of brevity where the full testimonial contained
extraneous information not relevant to the general public.
The views and opinions contained in the
testimonials belong solely to the individual user and do not reflect our views
and opinions. We are not affiliated with users who provide testimonials, and
users are not paid or otherwise compensated for their testimonials.
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