PLEASE READ THIS AGREEMENT CARFULLY AS IT GOVERNS THE TERMS OF USE OF THE MEMORYEXPRESS.COM WEBSITE (HEREIN KNOWN AS “THE WEBSITE” OR “THIS WEBSITE”).
1. Agreement Acceptance
THIS AGREEMENT IS BETWEEN YOU AND ALL PERSONS YOU REPRESENT (INCLUDING NATURAL PERSONS AND ANY TYPE OF INCORPORATED OR UNINCORPORATED ENTITY, HEREIN KNOWN AS “THE USER”) AND “MEMORY EXPRESS COMPUTER PROTUCTS AND ELECTRONICS INC.” (HERIN KNOWN AS “MEMORY EXPRESS”), REGARDING THE ACCESS AND USE OF THIS WEBSITE, INCLUDING ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE.
WITH EVERY VISIT TO THIS WEBSITE YOU, THE USER SIGNIFY YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THIS AGREEMENT AS IT READS AT THE TIME OF THE VISIT AND BY VISITING THIS WEBSITE REPRESENT AND WARRANT THAT YOU, THE USER HAVE THE LEGAL AUTHORITY TO AGREE TO AND ACCEPT THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE WITH EACH PROVISION OF THIS AGREEMENT YOU MAY NOT ACCESS OR USE THIS WEBSITE.
THIS WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONVEY ADVICE OR RECOMMENDATIONS, OR AN OFFER TO SELL ANY PRODUCTS OR SERVICES.
THIS AGREEMENT, YOUR ACCESS TO AND USE OF THE WEBSITE, AND ALL RELATED MATTERS ARE GOVERNED SOLELY BY THE LAWS OF ALBERTA, CANADA AND APPLICABLE FEDERAL LAWS OF CANADA. ANY DISPUTE BETWEEN YOU AND MEMORY EXPRESS OR ANY OTHER PERSON ARISING FROM, CONNECTED WITH OR RELATING TO THE WEBSITE, THIS AGREEMENT, OR ANY RELATED MATTERS (COLLECTIVELY "DISPUTES") WILL BE RESOLVED BEFORE THE COURTS OF ALBERTA, SITTING IN THE CITY OF CALGARY, AND YOU HEREBY IRREVOCABLY SUBMIT AND ATTORN TO THE ORIGINAL AND EXCLUSIVE JURISDICTION OF THOSE COURTS IN RESPECT OF ALL DISPUTES.
IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE PROVISION WILL BE DEEMED TO BE SEVERED FROM THIS AGREEMENT AND THE REMAINING PROVISIONS WILL CONTINUE IN FULL FORCE AND EFFECT.
THIS AGREEMENT IS IN ADDITION TO ANY OTHER AGREEMENT YOU MAY HAVE WITH MEMORY EXPRESS.
2. Permitted Website Use
2.1 GENERAL USE
YOU THE USER, CAN USE THIS WEBSITE ONLY IF YOU ARE A LEGAL RESIDENT OF CANADA, HAVE REACHED THE AGE OF MAJORITY IN THE PROVINCE OR TERRITORY WHERE YOU LIVE AND CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. YOU MAY NOT USE THIS WEBSITE IF DOING SO IN YOUR JURISDICTION MAY BE CONSIDERED ILLEGAL OR PROHIBITED. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER YOUR USE OF THIS WEBSITE IS LAWFUL, AND YOU MUST COMPLY WITH ALL APPLICABLE LAWS. MEMORY EXPRESS RESERVES THE RIGHT TO REQUEST PROOF OF AGE AND IDENTIFICATION AND WILL ONLY SHIP TO A CONFIRMED ADDRESS LOCATED WITHIN CANADA.
2.2 LINKING TO MEMORYEXPRESS.COM
LINKING TO THIS WEBSITE WITHOUT PERMISSION IS STRICTLY PROHIBITED. TO REQUEST PERMISSION, PLEASE SEND AN EMAIL TO [email protected]. MEMORY EXPRESS RESERVES THE RIGHT TO CANCEL AND REVOKE ANY PERMISSION TO LINK TO THE WEBSITE AT ANY TIME AND WITHOUT ANY NOTICE OR LIABILITY.
DISPLAYING THIS WEBSITE FROM WITHIN A FRAME OR IFRAME IS ALSO STRICTLY PROHIBITED.
2.3 COPYING OR DISTRIBUTING CONTENT
COPYING, DISTRIBUTING, MIRRORING, SCRAPING OR DATA-MINING OF THIS WEBSITE OR ANY OF ITS CONTENT IS STRICTLY PROHIBITED.
2.4 USER PROFILES AND LOGIN
FOR CERTAIN PARTS OF THE WEBSITE YOU WILL BE REQUIRED TO HAVE / CREATE A CUSTOMER PROFILE WITH A USERNAME AND PASSWORD, THIS PROFILE WILL REMAIN THE PROPERTY OF MEMORY EXPRESS AND MAY BE CANCELLED OR SUSPENDED AT ANY TIME AND FOR ANY REASON BY MEMORY EXPRESS IN ITS DISCRETION WITHOUT ANY NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSONS.
MEMORY EXPRESS IS NOT RESPONSIBLE FOR VERIFYING THE ACTUAL IDENTITY OR AUTHORITY OF ANY PERSON USING YOUR CUSTOMER PROFILE ON THIS WEBSITE.
YOU ARE FULLY RESPONSIBLE FOR THE SECURITY OF ANY USERNAMES OR PASSWORDS ASSOCIATED WITH YOUR CUSTOMER PROFILE AND ANY AND ALL USE OR MISUSE OF YOUR PROFILE OR THE INFORMATION CONTAINED WITHIN.
3. Personal Information
3.1 INFORMATION ACCURACY
ALL PERSONAL INFORMATION SUBMITTED TO THE WEBSITE MUST BE TRUE, ACCURATE, CURRENT AND COMPLETE. MEMORY EXPRESS WILL RELY ON THE INFORMATION YOU SUBMIT. YOU WILL BE SOLELY RESPONSIBLE FOR AND LIABLE FOR ANY DAMAGE, LOSS OR ADDITIONAL COSTS AS A RESULT OF ANY FALSE, INCORRECT, INCOMPLETE OR OUT OF DATE INFORMATION.
3.2 INFORMATION COLLECTION AND USE
MEMORY EXPRESS COLLECTS AND USES YOUR PERSONAL INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, THAT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE OR LIABILITY BY MEMORY EXPRESS. BY VISITING THIS WEBSITE AND ACCEPTING THIS AGREEMENT, YOUR CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION BY MEMORY EXPRESS IN ACCORDANCE TO OUR PRIVACY POLICY AS IT THEN READS.
4. Submissions and Suggestions
ANY AND ALL INFORMATION SUBMITTED TO MEMORY EXPRESS OR THE WEBSITE SHALL AUTOMATICALLY GRANT (OR WARRANT THAT THE OWNER OF THE SUBMISSION GRANTS) TO MEMORY EXPRESS A PERPETUAL, ROYALTY-FREE, IRREVOCABLE, UNRESTRICTED, NON-EXCLUSIVE, WORLD-WIDE, ASSIGNABLE, SUB-LICENSABLE, RIGHT AND LICENSE TO USE AND EXPLOIT THE SUBMISSIONS OR ANY IDEAS, CONCEPTS, KNOW-HOW OR TECHNIQUES RELATED TO THE SUBMISSIONS FOR ANY PURPOSE WHATSOEVER WITHOUT PROVIDING ANY COMPENSATION TO YOU THE USER, OR ANY OTHER PERSONS.
5. Agreement Changes
AT THE SOLE DISCRETION OF MEMORY EXPRESS, THIS AGREEMENT MAY BE CHANGED AND OR UPDATED AT ANY TIME WITHOUT ANY NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSONS. BY USING THE WEBSITE AFTER THIS REVISED AGREEMENT HAS BEEN POSTED, YOU SIGNIFY YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE REVISED AGREEMENT. YOU THE USER MAY NOT CHANGE OR AMEND THIS AGREEMENT IN ANY WAY WHATSOEVER.
6. Errors and Omissions
MEMORY EXPRESS STRIVES TO ENSURE THE ACCURACY OF ALL INFORMATION ON THE WEBSITE. HOWEVER, ERRORS, MISPRINTS, INACCURACIES, OMISSIONS AND OTHER ERRORS MAY OCCUR.
MEMORY EXPRESS DOES NOT TAKE RESPONSIBILITY FOR ANY ERRORS, MISPRINTS, INACCURACIES, OMISSIONS OR ANY OTHER INACCURACIES IN ANY PART OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO PRODUCT PRICING, PRODUCT INFORMATION / SPECIFICATIONS, OR ITEM AVAILABILITY.
MEMORY EXPRESS RESERVES THE RIGHT TO CORRECT ANY ERROR, INACCURACY OR OMISSION AT ANY TIME WITHOUT PRIOR NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSONS.
MEMORY EXPRESS RESERVES THE RIGHT TO CHANGE OR UPDATE ANY PRODUCTS OR SERVICES AND ANY INFORMATION RELATED TO THOSE PRODUCTS OR SERVICES AT ANY TIME WITHOUT PRIOR NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSONS.
UNLESS OTHERWISE STATED, DIMENSIONS AND WEIGHT LISTED ON OUR PRODUCT PAGES ARE FOR THE PRODUCT ONLY. SHIPPING DIMENSIONS AND WEIGHT FOR PRODUCTS MAY BE DIFFERENT THAN THE LISTED PRODUCT DIMENSIONS AND WEIGHT DUE TO THE ADDITIONAL SIZE AND WEIGHT OF ACCESSORIES AND PACKAGING MATERIAL(S).
7. Copyright and Trade-Marks
MEMORY EXPRESS COMPUTER PRODUCTS & ELECTRONICS INC® THE MEMORY EXPRESS LOGO, AND OTHER NAMES AND LOGOS APPEARING ON OR IN CONNECTION WITH THIS WEBSITE (THE "MARKS") ARE REGISTERED OR UNREGISTERED TRADEMARKS, SERVICE MARKS, TRADE NAMES AND LOGOS OWNED OR LICENSED BY MEMORY EXPRESS OR THEIR RESPECTIVE OWNERS OR LICENSEES.
ANY USE OF THE MARKS, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IS STRICTLY PROHIBITED. NOTHING APPEARING ON THE WEBSITE OR ELSEWHERE SHALL BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY OF THE MARKS.
8. Disclaimer of Warranties; Limitation of Liability
MEMORY EXPRESS INC. MANUFACTURES, MARKETS, SELLS, AND PROMOTES PRODUCTS THAT ARE INTENDED FOR USE IN CONJUNCTION WITH PRODUCTS WHICH ARE MANUFACTURED BY THIRD PARTY COMPANIES. MEMORY EXPRESS INC. IS IN NO WAY AFFILIATED WITH, AUTHORIZED, MAINTAINED, SPONSORED, ENDORSED, OR OTHERWISE RELATED TO THESE COMPANIES. AS SUCH, IN NO WAY SHALL MEMORY EXPRESS INC., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR LOSSES, INJURIES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, CAUSED BY THESE THIRD PARTY PRODUCTS.
MEMORY EXPRESS INC. LIMITED DOES NOT IN ANY WAY OWN COPYRIGHTS OR REGISTERED TRADEMARKS OF THESE THIRD PARTIES.
9. Disclaimer
ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY MEMORY EXPRESS TO THE FULLEST EXTENT PERMITTED BY LAW.
MEMORY EXPRESS AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY MEMORY EXPRESS OR ANY PERSON FOR WHOM MEMORY EXPRESS IS RESPONSIBLE, AND EVEN IF MEMORY EXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
Last updated on March 28th, 2022
