This page outlines the terms and conditions (referred to as „Terms and Conditions“ or „Agreement“) relating to your use and the use by all visitors and users of the www.rimage.com Website (the „Site“). By accessing and browsing the Site you accept and agree to be bound by these Terms and Conditions. Rimage Corporation („Rimage“) reserves the right to change, add, delete, or modify any of the Terms and Conditions without prior notice to you. Please carefully read this Agreement before using this Site and review this page before each use to be aware of the then current Terms and Conditions to which you are bound.
Use of this Site
Without limiting the generality of any other terms of this Agreement, you agree not to, and not to facilitate any other individual or entity to: download, modify, reproduce, reverse engineer, adapt, publicly display, license, sell, rent, create derivative works , or in any way commercially exploit any portion of this Site, except to the extent expressly permitted under this Agreement; reformat or frame any portion of any Web pages that are part of this Site; use this Site to violate security of or gain unauthorized access to any computer, device, or computer network; submit to this Site any content that implies or states falsely that such content is endorsed or sponsored by Rimage; remove any copyright, trademark or other proprietary rights notice contained in or on the Site.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OF ANY USER CONTENT, SERVICES, INFORMATION, ADVICE, PRODUCTS, AND OTHER MATERIALS CONTAINED OR DESCRIBED ON THIS SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT SUCH MATERIALS AND INFORMATION ARE PROVIDED ON AN „AS AVAILABLE“ AND „AS IS“ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THIS SITE, PRODUCTS, AND OTHER MATERIALS AND INFORMATION DESCRIBED OR CONTAINED ON THIS SITE. THE DISCLAIMERS IN THE PREVIOUS SENTENCE APPLY TO, AND ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. THERE IS NO WARRANTY THAT THIS SITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ASPECTS. NO ADVICE OR INFORMATION, OBTAINED FROM RIMAGE BY ANY USER OF THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS RIMAGE, ITS CONTRACTORS, ITS LICENSORS, AND EACH OF 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 SITE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT.
Submission of Information
Any comments or materials you submit to Rimage, including feedback data, such as comments, suggestions, ideas or questions („Feedback“), shall be deemed to be non-confidential. Rimage shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, and distribute the Feedback without limitation. In addition, Rimage shall be free to use any ideas, concepts or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback with no liability or obligation whatsoever to you.
All intellectual property appearing on the Site, including, but not limited to, all trademarks, service marks, trade names, trade dress, copyrights, images, illustrations, graphics, logos, text and layout and design of this Site is owned or licensed by Rimage. Nothing contained on this Site shall be deemed as granting by implication, estoppel or otherwise, any license or right to any patent, trademark or copyright of Rimage or its licensors, or to use the intellectual property of Rimage displayed on this Site without the express written permission of Rimage.
Other Site Links
Rimage may provide links to other Internet sites for your convenience. Rimage is not responsible for the content, accuracy or reliability of any information, data, opinions, advice or statements made on any such sites. The inclusion of any such sites does not imply any endorsement. You acknowledge that when you click on a link that leaves a Rimage Site, the site you are entering is beyond the control of Rimage. If you decide to access any of the sites linked to this Site you do so entirely at your own risk.
Limitation on Liability
IN NO EVENT SHALL RIMAGE OR THEIR RESPECTIVE AFFILIATES, OR THE DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SHAREHOLDERS OR ANY OF THEIR RESPECTIVE REPRESENTATIVES, BE LIABLE TO YOUR OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF DATA, SPECIAL, PUNITIVE, BUSINESS INTERRUPTION, LOSS OF PROFITS, REVENUE OR GOODWILL) ARISING OUT OF THE USE OF, ACCESS TO, UNAVAILABILITY OF, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY SERVICES, PRODUCTS, USER CONTENT, REVIEWS, ADVICE, AND OTHER MATERIALS OR INFORMATION DESCRIBED OR CONTAINED IN THIS SITE, OR THE MISUSE OR DISCLOSURE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE TOTAL LIABILITY OF RIMAGE, IN ANY EVENT, SHALL BE LIMITED TO ($50.00), NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
These Terms and Conditions shall be governed by and interpreted according to the laws of the State of Minnesota without regard to any conflict of law provisions. If any portion of these Terms and Conditions is unlawful, void or unenforceable, it shall not affect the validity or enforceability of any other provision. All lawsuits arising from or relating to these Terms and Conditions or your use of the Site, shall be brought in the Federal or State courts located in Hennepin County, Minnesota, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Rimage may terminate your access to all or any part of the Site at any time, with our without cause, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. All provisions of this Agreement that by their terms or by logical application appear to have an effect or an intended effect beyond the termination of this Agreement shall survive such termination, including without limitation, ownership provisions, warranty and liability disclaimers, and indemnity.
Last Revised: April 30, 2015