This Internet Website is operated and maintained by Future Electronics Inc. or its subsidiaries or affiliated companies (collectively "FUTURE"). The Site provides data, information, text images, programs and other materials and content (collectively, "Content") and other services such as the online sale of computer and electronic components and production tools ("Services"). The Site, the Content and the Services are provided to you subject to your agreement to be bound by these terms and conditions of use ("Terms of Use").
BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.
The Site is open to visitors. However, to access certain areas of the Site, we require you to register with us. Registration is free and allows you to access other Services not available to visitors including product profiles. By registering, you certify that the information you provide in the registration form is accurate.
The Company reserves the right to change these Terms of Use at any time and your continued access or use of the Site after such changes indicates your acceptance of the Terms of Use as modified. It is your responsibility to review these Terms of Use before each access or use or the Site.
* ALL SALES ARE SUBJECT TO FUTURE'S TERMS AND CONDITIONS OF SALE. *
I. Use Restrictions and Intellectual Property
A. Copyrights. All Content provided on the Site is protected by law, including U.S. and Canadian copyright law, intellectual property rights laws and international treaties. All Content is the copyrighted property of FUTURE or the original creator of such Content. Except as stated herein, none of the Content may be copied, reproduced, republished, displayed or distributed by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of FUTURE or the relevant right holder. The entire Site is Copyright 2004 FUTURE. All rights reserved.
B. Restrictions of Use of Copyrighted Content. You are granted permission to display, download and print the Content on the Site for individual, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any special terms and conditions for use of certain Content or Services provided on the Site and included elsewhere on the Site are incorporated into, and become part of, these Terms of Use. Except as explicitly allowed herein, you agree not to reproduce, copy, retransmit, distribute, sell, republish, modify, translate or create derivative works of, or in any way commercially exploit, in whole or in part, any portion of the Site, the Content and/or the Services, in whole or in part, without the express prior written consent of FUTURE and any decompilation, disassembly, reverse engineering or other exploitation of the Site, the Content and/or the Services is strictly prohibited. You acquire absolutely no rights or licenses to the Site, the Content or the Services other than the limited right to use the Site, the Content and the Services in accordance with these Terms of Use.
C. Proprietary Marks. The names, logos, taglines, and other marks identifying FUTURE and its products and services are proprietary marks of FUTURE. All rights reserved. All other trademarks and service marks are the property of their respective owners. This Agreement does not grant you the right to use any trademark, service mark or logo appearing on the Site for any purpose whatsoever. Title to the Site, the Content and the Services and the trademarks or trade names displayed on the Site remains with FUTURE and/or its licensors. Nothing contained in these Terms of Use or on the Site shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trade-marks, trade-names, copyright or other intellectual property rights of FUTURE or its licensors. Any unauthorized use of the Site, the Content or the Services or the trade-marks, trade names, copyright or other intellectual property rights of FUTURE or its licensors is strictly prohibited, and FUTURE reserve the right to take such steps as it deems necessary, including legal action, to enforce such rights. Any question connected with whether a mark or logo that is not listed above is a trademark or service mark of FUTURE should be directed to FUTURE.
D. Framing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including text, images, or page layout) on the Site, nor may you "mirror" any Content on the Site on any other server, without the express prior written consent of FUTURE.
E. Permission to Republish. Requests to republish or redistribute the Content should be addressed to FUTURE as directed in Section X hereof.
II. Privacy
Your privacy is of great importance to FUTURE. All information gathered from you or related to your use of the Site will be governed by FUTURE's Privacy Policy. Please see our Privacy Policy for its terms.
III. New Services, Your Password and Conformance with Laws
A. New Services. Whenever new products or services are introduced on the Site as part of the Services, your use of such Services will be subject to these Terms of Use unless we notify you otherwise.
B. Your Password. Certain areas of the Site are protected by passwords. You are solely and fully responsible for keeping your password confidential, and will be solely and fully responsible for all uses of your password or registration, even if these uses were not authorized by you. If you become aware of any unauthorized use of your password or registration, you are required to notify FUTURE immediately in accordance with Section X below.
C. Conformance with Law. You agree to use the Site, the Content and the Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations. Potential users in any jurisdiction where laws (whether common or statutory) would: (i) void these Terms of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and the disclaimer and limitation of liability); or (ii) render accessing the Site or the Content, or using the Services, illegal, are not authorized to use the Site, the Content or the Services.
IV. Limitations of Liability
A. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER FUTURE NOR ITS LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE, THE CONTENT OR THE SERVICES. FUTURE AND/OR ITS LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE, THE CONTENT OR THE SERVICES. FURTHER, FUTURE IS NOT RESPONSIBLE FOR ANY SLANDEROUS, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. FUTURE SHALL HAVE NO LIABILITY TO YOU RELATING TO THIS AGREEMENT OR THE SITE, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION.
B. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TECHNICAL OR OTHER ADVICE TO YOU AND YOU SHOULD NOT RELY UPON THE CONTENT TO PROVIDE ANY SUCH ADVICE. YOU SHOULD SEEK THE ADVICE OF PROFESSIONALS REGARDING THE EVALUATION AND VERIFICATION OF ANY CONTENT PROVIDED ON THE SITE AND, IN ANY EVENT, PRIOR TO MAKING ANY PURCHASES BASED ON SUCH CONTENT.
C. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FUTURE AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLICATIONS, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING YOUR USE OF THE SITE. FUTURE AND ITS LICENSORS DO NOT WARRANT THAT THE SITE, OR ANY INFORMATION, PRODUCT OR SERVICE THAT MAY BE OBTAINED THROUGH A LINK FROM OR TO THE SITE, WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
D. UNDER NO CIRCUMSTANCES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, SHALL FUTURE OR ITS LICENSORS BE RESPONSIBLE FOR, AND FUTURE HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, ACTUAL, PUNITIVE, SPECIAL, INCIDENTAL, EXPECTANCY, EXEMPLARY, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING OUT OF USE, THE INABILITY TO USE, REFERENCE TO, OR RELIANCE ON ANY INFORMATION OBTAINED ON, DOWNLOADED, OR HYPERLINKED FROM THE SITE OR THE CONTENT ON THE SITE, EVEN IF FUTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA YOU ASSUME ANY COSTS THEREOF.
E. FUTURE SHALL NOT BE LIABLE OR DEEMED TO BE IN DEFAULT FOR UNAUTHORIZED ACCESS TO THE SITE.
F. YOUR SOLE REMEDY FOR DISSATISFACTION WITH FUTURE OR THE SITE IS TO STOP USING THE SITE, INCLUDING ANY OF THE SERVICES OR PRODUCTS ADVERTISED OR AVAILABLE ON THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT FUTURE'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR SUCH SERVICES OR PRODUCTS OR FOR ACCESSING THE SITE.
G. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
V. Links, Viruses and Indemnification
A. Links. The Site may contain links and pointers to the other Internet Websites and resources. Links to and from the Site to other Websites, maintained by third parties do not constitute an endorsement by FUTURE of any third party Website, its resources or its contents. FUTURE is not responsible for examining or evaluating, and FUTURE does not warrant the offerings of any of these businesses or individuals or the content of linked Websites. FUTURE does not assume any responsibility or liability for the actions, products, and content of any third party or their Websites. Please note that when you click on one of these links, you are moving to another Website. You should read the terms of use and privacy statements, if any, of these linked Websites as their terms and privacy policies may differ from that of FUTURE. Once you leave the Site, FUTURE is not responsible for the content, accuracy or availability of any other Website accessed after leaving the Site. Your access to, or use of any non-FUTURE Website is at your sole risk.
B. Viruses. FUTURE cannot and does not guarantee or warrant that the Site, the Content or the Services are compatible with your systems or that the Site, the Content or the Services will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems. You are responsible for the costs of any service, repairs or connections which may be necessary to your systems as a result of your use of the Site, the Content or the Services.
C. Indemnification. You agree that your use of the Site, the Content or the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against FUTURE and/or its licensors. You agree, at your own expense, to indemnify and hold FUTURE and our directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against us, our directors, officers, employees, representatives, agents and licensors by a third party as a result of your breach of these Terms of Use.
VI. Entire Agreement, Severability and Electronic Communications
A. Entire Agreement and Severability. Along with our Privacy Policy referenced herein, this Agreement constitutes the entire agreement between you and FUTURE with respect to the Site and supersedes all prior agreements or understandings between you and FUTURE with respect thereto. If any provision of this Agreement is later determined by a court of competent jurisdiction to be unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
B. Electronic Communications. When you access or use the Site or send e-mails to FUTURE, you are communicating with FUTURE electronically. You consent to receive communications from FUTURE electronically. FUTURE will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that FUTURE provides to you electronically satisfy any legal requirement that such communications be in writing.
VII. Governing Law and Dispute Resolution
A. The validity, interpretation and performance of this Agreement, with respect to use of the Site outside of Canada, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles. With respect to use of the Site within the U.S., sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be with an appropriate federal or state court located in Boston, Massachusetts.
B. The validity, interpretation and performance of this Agreement with respect to use of the Site within Canada, this Agreement shall be governed by and construed in accordance with the laws of Quebec, without giving effect to conflict of laws principles. With respect to use of the Site within Canada, sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall lie properly in Montreal, Quebec.
C. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Montreal, Quebec except that, to the extent you have in any manner violated or threatened to violate FUTURE's intellectual property rights, FUTURE may seek injunctive or other appropriate relief in any court in accordance with subsections A and B above. Arbitration under this agreement shall be conducted pursuant to the rules of commercial arbitration of the Quebec Code of Civil Procedure. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
VIII. Discontinuance of Service
FUTURE may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database, or Content. FUTURE may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
IX. Termination and Waiver
A. Suspension. FUTURE reserves the right to deactivate, suspend, block or terminate your use of the Site if such use is found or is reasonably suspected to involve or facilitate any unauthorized, illegal, abusive, or unethical act or a violation of these Terms. In addition, FUTURE reserves the right to deactivate, suspend, block or terminate your use of the Site, the Content or the Services immediately, without notice, in our sole discretion.
B. Termination of Use. The permission to use the Site granted by this Agreement automatically terminates if you breach any of the terms and conditions contained herein. Upon termination, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any Content contained in this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
C. Failure by FUTURE to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
X. Contact Information
All notices to and correspondence with FUTURE should be directed to a FUTURE representative.