LAST UPDATED: July 27th, 2017
Welcome to our website. This webstore is owned and operated by Network Applications ("NetApps") in partnership with Levy Retail LLC and the Brooklyn Nets. The Website (as defined below) is made available by us subject to these Terms and Conditions, and these Terms and Conditions govern your use of the Website as well as the ordering of products from the Website (the "Products"). Please be sure to read these Terms and Conditions carefully, especially the disclaimers and limitations of our liability. You agree to these Terms and Conditions by accessing or using the Website, registering on the Website, purchasing Products offered through the Website, or by uploading, submitting or downloading any information or content from or to the Website. By agreeing to these Terms and Conditions, you are representing that you are the age of majority in your state or province of residence and are legally able to enter into a binding agreement. If you are using the Website on behalf of an organization or otherwise acting on behalf of an organization in connection with your use of the Website, you represent, acknowledge and agree that (a) you are agreeing to these Terms and Conditions on behalf of such organization and (b) you are authorized to bind that organization to these Terms and Conditions, and "you" as used herein means both you individually as well as the organization on whose behalf you are agreeing to these Terms and Conditions. By using the Website, you also consent to our provision of notices to you in electronic form. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE. Withdrawing your consent to these Terms and Conditions will result in a termination your right to access and use the Website.
1. Conditions of Use. Our Website (collectively, with its past, present and future versions, all web pages found within the Website, and all Products and Materials (as defined below), the "Website"), including all the materials and information on the Website, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Website, including the "look and feel" of the Website (collectively, the "Materials") is provided by NetApps or its parents, subsidiaries, affiliates, or licensors. By using the Website and the Materials, you represent and warrant that: (i) all information you provide to NetApps is and will remain true, accurate, complete and current; and (ii) you hold and will continue to hold all rights necessary to enter into and fully perform your obligations under these Terms and Conditions and to grant the rights granted under these Terms and Conditions.
2. Changes to Terms and Conditions. NetApps reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms and Conditions on the Website. Your use of the Website following changes to these Terms and Conditions will constitute your acceptance of those changes; provided, however, any material change to these Terms and Conditions shall not apply retroactively to any claim or dispute between you and us in connection with these Terms and Conditions where such claim or dispute arose prior to the "LAST UPDATED" date applicable to that version of these Terms and Conditions in which we included such material change. We recommend that you periodically visit this page to determine the then current Terms and Conditions to which you are bound for use of the Website.
3. Ownership of Materials. The Website is owned and operated by NetApps. Subject to these Terms and Conditions, and solely for so long as you are permitted by NetApps to access and use the Website, NetApps grants to you a revocable, non-exclusive, non-transferable, limited right to access, use and display the Website, including the Materials thereon, solely for the purpose of reviewing and ordering products on your behalf or on behalf of the organization that you are representing and for limited related purposes, such as monitoring the status of your account and orders or past purchases, provided that you keep intact all copyright and other proprietary notices. The Website and the Materials from the Website may not, in whole or in part, be copied, modified, reproduced, republished, uploaded, posted, transmitted, distributed, rented, leased, loaned, sold, reverse-engineered, disassembled or otherwise converted to another form in any way (including through the creation of derivative works). The Materials displayed on the Website may be protected by copyright, trademark and other intellectual property laws and treaties. Any unauthorized use of any Material contained on the Website may violate copyright, trademark or other intellectual property laws.
4. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks the of the Brooklyn Nets and NetApps. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of the owner.
5. Forums. NetApps may offer chat rooms, forums, message or bulletin boards, product rating and review areas, or interactive areas (collectively, "Forums") on the Website where visitors may post comments or information for our visitors' enjoyment. If there are Forums on the Website, be sure to check any posted rules before entering, as you will be bound by them as well as these Terms and Conditions.
Information contained in the Forums may be provided by third party visitors to the Website. Please note that visitors to the Website may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. NetApps, the NetApps Entities (defined below) and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, NetApps, its parents, subsidiaries and affiliates, and its and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the "NetApps Entities") are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will any of the NetApps Entities be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of NetApps.
In addition, the NetApps Entities have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through a Forum or any other part of the Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
6. Content You Submit. By posting in a Forum, sending an e-mail to NetApps or otherwise contributing in any way to the Website, including, but not limited to, sending messages, comments, suggestions, questions, or ideas concerning products and/or services (each, a "Submission"), you expressly grant to NetApps a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, create derivative works of (including without limitation adapt, edit, modify, translate, and reformat), transmit, publicly display and publicly perform such Submission (including, without limitation, names, voices, likenesses and other personally identifying information contained in your Submission) in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products and services using such information and for other marketing and promotional purposes, without any compensation to you or to any third party. All Submissions shall be neither confidential nor proprietary to you or to any third party. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Website, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
In particular, and without limiting the foregoing or anything else in these Terms and Conditions, you expressly agree that any Submissions you provide to the reviews and ratings section of the Website, may be used at NetApps's sole discretion on the Website and on ratings and reviews areas on other websites owned by NetApps, and NetApps does not guarantee that you will have any ability to edit or delete any Submission you have submitted.
7. Monitoring. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter (including, without limitation by changing or condensing), remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Website; to protect the NetApps Entities, and the users of and visitors to the Website; to comply with legal obligations or governmental requests; to enforce these Terms and Conditions; or for any other reason or purpose.
8. Registration and Your Account. You may register and create an account on the Website to order Products from NetApps using the Website. You agree to provide current, complete, and accurate information required to complete your registration on the Website, including a valid e-mail address, and at other points as may be required in the course of using the Website (such information will be referred to herein, collectively, as "Registration Data"). You further agree to maintain and update Registration Data as required to keep it current, complete, and accurate. Your ability to order products may be limited based on the Registration Data you provide. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that you are not authorized to use; that violates the intellectual property or other rights of any person; that is offensive; that is false or misleading or that we reject for any other reason in our sole discretion. If any information you provide is false, incomplete, or inaccurate, we may, without limiting any of our other rights and remedies, terminate your rights without notice to the Website or the Products. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide for use in maintaining your accounts and fulfilling orders.
As a registered user of the Website, you may receive or establish one or more passwords and accounts ("Account(s)"). You are solely responsible for maintaining the confidentiality and security of your passwords and Account(s). You may not divulge your password to anyone else or use anyone else's password or Account. You are entirely responsible for all activities that occur on or through your Account(s) (including all orders), and you agree to notify us immediately about any unauthorized use of Account(s) or any breach of security. You agree that we will not be responsible for any losses incurred or damages sustained in connection with any misuse of Account(s) or passwords and you further agree that we will have no responsibility or liability whatsoever for your failure to comply with these requirements. Your breach of these requirements may result in immediate termination of your Account(s), and may also subject you to criminal or civil liability.
10. Acceptable Use. While using the Website you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Website pursuant to these Terms and Conditions. You agree that NetApps does not want you to, and you warrant that you shall not:
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
11. Disclaimer. THE WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE, AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, THIRD PARTY GOODS, INFORMATION AND MATERIALS OFFERED ON OR MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. THE NetApps ENTITIES HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND TERMS OR CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS WITH RESPECT TO THE WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE, AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS,THIRD PARTY CONTENT, THIRD PARTY GOODS (INCLUDING BUT NOT LIMITED TO EXPRESS AND IMPLIED PRODUCT CLAIMS), INFORMATION AND MATERIALS OFFERED ON OR MADE AVAILABLE THROUGH THE WEBSITE. (CERTAIN PROVIDERS OF THIRD PARTY APPLICATIONS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR THIRD PARTY APPLICATIONS; PLEASE CHECK WITH SUCH PROVIDERS FOR FURTHER INFORMATION.) THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION ON THE WEBSITE. THERE IS NO WARRANTY THAT THE WEBSITE, THE INFORMATION CONTAINED IN THEM OR OUR EFFORTS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THE NetApps ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE WITH RESPECT TO, THE WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE, AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, THIRD PARTY GOODS, INFORMATION AND MATERIALS OFFERED ON OR MADE AVAILABLE THROUGH THE WEBSITE. THE NetApps ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NetApps ENTITIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE NetApps ENTITIES SPECIFICALLY DISCLAIM SUCH WARRANTY. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE ANY OF THE WEBSITE. WHILE NetApps RESERVES THE RIGHT TO REMOVE ANY POSTINGS OR ANY OTHER INFORMATION THAT WE FEEL MAY BE OFFENSIVE OR OTHERWISE OBJECTIONABLE, WE ARE NOT RESPONSIBLE FOR ANY MATERIAL POSTED BY ANY USER OR FOR ANY INFORMATION WHATSOEVER CONTAINED IN ANY LINKED WEBSITE. YOU AGREE THAT THE NetApps ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING, ILLEGAL OR OBJECTIONABLE CONDUCT OF ANY OTHER VISITOR TO ANY OF THE WEBSITE OR ANY OTHER THIRD PARTY. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS OF SUCH WARRANTIES ABOVE MAY NOT APPLY TO YOU.
12. Errors. Although we attempt to ensure that the Website is kept error-free, mistakes will occur. NetApps attempts to ensure that accurate information is provided on the Website, but does not warrant the accuracy or completeness of the Materials on the Website or the reliability of any advice, opinion, statement, prior ordering or invoicing history, or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, prior ordering or invoicing history, or other information shall be at your sole risk. NetApps reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. NetApps may make any other changes to the Website and the products, programs, services or prices (if any) described in the Website at any time without notice.
In the event a product is listed at an incorrect price due to a typographical error, entry error, error in pricing information received from our suppliers, or other similar error, NetApps shall have the right to refuse or cancel any orders placed through the Website for product listed at the incorrect price. NetApps reserves the right to refuse or cancel any such orders whether or not the order has been confirmed.
13. Limitation of Liability. IN NO EVENT WILL ANY OF THE NetApps ENTITIES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE, AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, THIRD PARTY GOODS, INFORMATION AND MATERIALS OFFERED ON OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY OTHER SUBJECT MATTER OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH OR RELATING TO: (A) THE PRODUCTS; (B) MESSAGES SENT FROM OR TO THE WEBSITE; (C) MATERIALS, SOFTWARE, INFORMATION OR CONTENT PROVIDED ON THE WEBSITE; (D) THE SUBMISSIONS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE; (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE; (G) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY NetApps OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (H) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY MATTERS; OR (I) ANY DAMAGE TO YOUR OR ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL ANY OF THE NetApps ENTITIES BE LIABLE FOR DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF SUCH ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES OR OTHER HARM THAT ARISE OUT OF ANY OF THE NetApps ENTITIES' ACTS OR OMISSIONS, THE HARM, IF ANY, CAUSED TO YOU IS NOT IRREPARABLE AND IS NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY ANY OF THE NetApps ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY SUCH ENTITY. IF YOUR USE OF THE WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE, AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, THIRD PARTY GOODS, INFORMATION AND MATERIALS OFFERED ON OR MADE AVAILABLE THROUGH THE WEBSITE RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY ITEM, YOU ASSUME ANY COST THEREOF.
IN NO EVENT SHALL ANY OF THE NetApps ENTITIES BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE WEBSITE, THE CONTENT, INFORMATION AND MATERIALS ON THE WEBSITE, AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, THIRD PARTY GOODS, INFORMATION AND MATERIALS OFFERED ON OR MADE AVAILABLE THROUGH THE WEBSITE IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR PRODUCT OR SERVICE GIVING RISE TO THE DAMAGE, OR (B) ONE HUNDRED DOLLARS (US$100).
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. THESE TERMS AND CONDITIONS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE OR PROVINCE.
14. Indemnification. You agree to indemnify, defend, and hold each of the NetApps Entities harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees), resulting from: (i) your use of the Website; (ii) any breach or violation of these Terms and Conditions or any law, rule, or regulation; (iii) the posting, submission, display, transmission, exchange, performance, publication, distribution, sharing, dissemination, promotion, broadcast, and/or circulation of any of your Submissions to the Website; (iv) the theft, disclosure or misappropriation of your password; (v) your authorization of anyone else to use your password; (vi) your use of any product or service purchased from or provided by NetApps; or (vii) any other acts and omissions by you in connection with the Website.
NetApps reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with NetApps in the defense of any such claim, action, settlement, or compromise negotiations, as requested by NetApps. In no event will you settle any claim or action without NetApps's prior written approval.
15. Third-Party Sites. As a convenience to you, NetApps may provide on the Website links to websites that are not owned, operated or controlled by NetApps. If you wish to visit and use these linked websites, you will leave an NetApps Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The NetApps Entities shall not be liable or responsible for any loss or damage resulting from your use of any third party linked website or from any information, products or services made available on any such linked website. The NetApps Entities make no warranty or representation regarding, and does not endorse, any linked website or the content appearing on those websites or any of the products or services described thereon. Links do not imply that the NetApps Entities or an NetApps Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of any of the NetApps Entities. The NetApps Entities disclaim any liability for links: (i) from another website to the Website; and (ii) to another website from the Website.
16. Linking. Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
18. Sales Policies. All orders placed through the Website are subject to our acceptance. Your receipt of an electronic or other form of order confirmation does not signify NetApps's acceptance of your order, nor does it constitute confirmation of our offer to sell. NetApps reserves the right at any time after receipt of your order to accept or decline your order from the Website for any or no reason and without liability to you or anyone else. NetApps reserves the right to only accept orders on the Website from existing customers. Prices of all products on the Website are in U.S. dollars, are subject to change and do not reflect any applicable taxes, fees, shipping and handling, surcharges or service charges (collectively, "Fees") that may be applicable to your products, orders or related deliveries.
Products shall only be shipped to the address you have on file with NetApps. By submitting an order, you grant to NetApps the right to provide such information to third parties for purposes of facilitating the completion of orders initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any order.
Unless otherwise agreed to in writing by you or another authorized representative of your organization and NetApps, NetApps reserves the right to modify or impose Fees and to modify prices, promotions and products at any time without notice to you. All descriptions, images, references, features, content and specifications of products and Products described or depicted on the Website are subject to change at any time without notice. NetApps reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service or any of the Website, to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and/or to bar any user from making any or all order(s) online via the Website.
19. Promotions, Gifts and Trial Offers. The Website may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion. By participating in any such promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with these Terms and Conditions, the terms and conditions of such rules shall control.
NetApps may (but has no obligation to) offer you a gift or other promotion for purchasing the Products (such as complimentary NetApps products or equipment) on terms and conditions set forth in the gift or other promotional offer.
Payment for all orders is processed at the time the order is placed. In the event NetApps cancels your order for any reason or your order becomes otherwise unfulfillable prior to shipment you will be issued a refund in accordance with our posted refund policies.
20. Termination. NetApps may terminate, change, suspend or discontinue the Website or any aspect of the Website, including the availability of any features of the Website, at any time without notice. NetApps may also impose limits on certain features and services or restrict your access to parts of any Website or an entire Website without notice or liability of any kind whatsoever to you or any other party. NetApps also reserves the right to use any technological, legal, operational, or other means available to enforce these Terms and Conditions, including without limitation, blocking specific IP addresses or access to the Website.
These Terms and Conditions are effective until terminated. At any time and for any reason, including if you fail, or we suspect that you have failed, to comply with any of the provisions of these Terms and Conditions or the spirit of these Terms and Conditions, including but not limited to failure to provide NetApps with accurate and complete Registration Data, or failure to safeguard your Account(s) information and password, NetApps, at its sole discretion, may: (A) terminate these Terms and Conditions and/or your Account(s) on the Website; and/or (B) preclude access to the Website (or any part thereof). You agree that any termination of your access to or use of the Website may be effected without prior notice, and that NetApps may immediately deactivate or delete your Account on the Website, and all related information and files associated with it, and/or bar any further access to your Account, the Website and such information or files. You agree that the NetApps Entities shall not be liable to you or any third party for any termination of your access to or use of the Website, or to any such information or files, and shall not be required to make your Account(s), the Website, or such information or files available to you after any such termination. Sections 11, 13, 14, 21, and 22 shall survive any expiration or termination of these Terms and Conditions.
21. Jurisdiction. The Website are controlled by Network Applications from its offices within the United States or Canada, as applicable. NetApps makes no representation that Materials at the Website are appropriate or available for use at other locations outside of the United States and its territories or Canada and access to such Materials from territories where their contents are illegal is prohibited. You may not use the Website in violation of U. S. or Canadian export laws and regulations. If you access the Website from a location outside of the United States or Canada, you are responsible for compliance with all local laws.
22. Governing Law; Forum. These Terms and Conditions shall be governed by the laws of the State of California for U.S. customers, and the laws of the province of Ontario for Canadian customers, without giving effect to its conflict of laws provisions, and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods. All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of the Website, shall be submitted exclusively to the jurisdiction of the State or federal courts located in the State of Delaware (County of New Castle) or province of Ontario, as applicable. The venue for all such disputes shall be in the courts of Delaware or Ontario, as applicable. Any cause of action or claim you may have with respect to the Website or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises, or, if multiple causes, from the date the first such cause of action arose. YOU WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ON ANY MATTER WHATSOEVER ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THESE TERMS AND CONDITIONS.
23. Contact Us. If you have any questions regarding the meaning or application of these Terms and Conditions, please direct such questions to NetApps using the information on the Contact Us page of the shop.chiefts.com Website. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
24. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two Website GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that NetApps does not endorse any of the products or services listed at such site.
25. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an e-mail to email@example.com . You may also contact us by writing to 101 N Acacia Ave, Suite 111, Solana Beach, CA , U.S.A., or by calling us at 888-522-0794. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, U.S.A., or by telephone at (916) 445-1254 or (800) 952-5210.
26. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Materials available on the Website infringe your copyright, you (or your agent) may send NetApps a notice requesting that NetApps remove the Material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send NetApps a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Designated Copyright Agent
101 N Acacia Ave Suite 111
Solana Beach, CA 92075
We suggest that you consult your legal advisor before filing a notice or counter-notice.
28. Miscellaneous. These Terms and Conditions and the documents it incorporates constitute the entire understanding and agreement between NetApps and you with respect to your use of the Website, and supersede any and all prior or inconsistent understandings relating thereto, whether written or oral. No change, modification or revision of your order shall be valid unless agreed to in writing by NetApps. Any terms and conditions set forth in a purchase order submitted by you shall not alter the terms and conditions set forth herein. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof, to be illegal, invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. The section titles in these Terms and Conditions are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms and Conditions will not be construed against NetApps by virtue of having drafted them. The words "include", "including", "such as" and "including without limitation" all mean "including but not limited to".
Any failure of NetApps to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. No waiver by NetApps of any provision of these Terms and Conditions will be of any force or effect unless made in writing and signed by a duly authorized officer of NetApps. You understand and agree that NetApps will determine your compliance with these Terms and Conditions in its sole discretion. NetApps will not be responsible for failures to fulfill any of its obligations due to causes beyond its control.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions. These Terms and Conditions do not benefit any third party except for NetApps's parent companies, affiliates, subsidiaries, agents, and predecessors and successors in interest. You cannot assign these Terms and Conditions or any of your rights or duties under these Terms and Conditions without NetApps's prior written consent. However, NetApps may assign these Terms and Conditions without your consent and without notifying you.
If NetApps sends notices to you hereunder, they will be considered received immediately if we send them to any e-mail or fax number you have given us, or after three (3) days if we mail them to the most current address we have for you. All notices and demands required to be given to NetApps hereunder shall be in writing and shall be served by personal service, nationally recognized overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to the address on the Contact Us page of www.NetsStore.com Website.
Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. NetApps will not be responsible for failures to fulfill any obligations due to causes beyond its control.
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