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SITE TERMS

Disclaimers

OWC DOES NOT WARRANT THIS SITE OR ANY CONTENT, VIDEOS, OR SERVICE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT AND VIDEOS ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. OWC DOES NOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE FROM VIRUSES OR OTHER DESTRUCTIVE FEATURES. OWC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. OWC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OWC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, THIRD PARTY CONTENT POSTED ON THE SITE, SITE CONTENT, VIDEOS, AND RELIANCE ON LINKED SITES.

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Site Ownership; Agreement to Terms & Conditions

These Terms and Conditions (the "Terms") apply to the web site located at www.macsales.com, and all connected sites linked to www.macsales.com by New Concepts Development Corporation ("OWC"), its subsidiaries and affiliates, including Other World Computing, Inc., OWC.net, Inc., and Fastermac.net (collectively, the "Site"). The Site is the property of OWC and its licensors. IF YOU VISIT OR SHOP AT THE SITE, YOU ACCEPT THESE TERMS & CONDITIONS.

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Modifications

OWC reserves the right to modify these Terms at any time. It is your responsibility to check the Terms periodically for changes. Continued use of the Site following posting of changes means you agree to the changes. OWC may make changes to any products or services offered, or to the applicable prices for any such products or services, at any time, with or without notice.

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Content

All text, graphics, interfaces, pictures, trademarks, logos, sounds, music, art, Videos, and code ("Content"), including but not limited to the design, selection, "look and feel", compilation, and arrangement of such Content, is protected by copyright, trademark, and various other intellectual property laws. VOYAGER trademark used under a license from the owner of U.S. Registration No. 3,089,301. All rights reserved. Except as expressly provided in the Terms, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without OWC's prior written consent.

All Site Instructional Videos ("Videos"), are owned or licensed by or to OWC, and are protected by copyright, trademark, and various other intellectual property laws. Except as expressly provided below, no part of the Videos may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without OWC's prior written consent.

OWC permits the downloading and distribution of its Videos, provided that you agree to comply with the following conditions in addition to the Terms:

  1. Videos may only be used in their complete, unmodified format. No clipping, altering, or creating derivative works of Videos in any manner is allowed;
  2. Videos may not be used for any commercial use, including but not limited to, selling Videos, incorporating Videos into other products intended for resale (for-profit); and using the Videos to directly or indirectly sell, market, or advertise your (or any other third party's) products or services;
  3. Videos may not be used in any manner that would, in the sole discretion of OWC, harm the reputation of OWC, or that is inappropriate in light of community decency standards;
  4. OWC requests for consideration of Video use a prominent link back to www.macsales.com and, where applicable, any referenced OWC product links shall be directed to the appropriate www.macsales.com product description page;
  5. You agree to indemnify and hold harmless OWC, and its owners, affiliates, agents, and employees, from and against any claims, costs, or damages (including attorney's fees) arising from your use and/or distribution of the Videos. Although every effort is made to provide the most accurate and useful information in Videos, no warranty, expressed or implied, is made regarding accuracy, completeness, reliability, or usefulness of any information. Models used for demonstration on Videos may vary from that used by you. You use the Videos at your own risk, and you agree OWC shall not be held liable for any use of the information contained in Videos;
  6. Your use of Videos is expressly subject to the complete Site Terms and Conditions available at: http://eshop.macsales.com/service/terms In no event shall OWC be liable for any direct, indirect, incidental, special, exemplary, or consequential damages howsoever caused and under any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Videos, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion of data, defect, delay, computer virus, destruction, or negligence;
  7. You agree to immediately cease using Videos upon receipt of notice from OWC that you are in violation of its conditions of Video use.

All other rights reserved. Full HD versions of most videos are available. Please contact marcom@macsales.com for more information or guidance in using OWC Videos on your site.

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Purchases; Other Terms and Conditions

Additional terms and conditions apply to purchases of goods or services at the Site. Terms of Sale are located at: http://eshop.macsales.com/service/terms/sale. Such terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions as applicable. If there is a conflict between these Terms and the terms of sale for any goods or services offered through the Site, the latter terms shall control with respect to your purchase or use of the goods or services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference: Privacy Policy.

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Accounts & Passwords

Certain services offered on or through the Site may require you to open an account (including setting up an OWC username and password). You are responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account. You may not use anyone else's OWC username, password, or account at any time without express consent. OWC is not liable for any loss or damage arising from your failure to comply with these obligations.

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Links; Blogs and Other Third Party Content

This Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience. Such Linked Sites are not under OWC's control, and OWC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on Linked Sites.

At times, Site visitors may post reviews, suggestions, questions, comments, photos, and other content to the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to content origin when posting to the Site. OWC reserves the right (but not the obligation) to remove or edit such content, but cannot review all posted content.

If you do post content or submit material, you grant OWC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OWC the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify OWC for all claims resulting from content you supply. OWC takes no responsibility and assumes no liability whatsoever for any content posted by you or any third party.

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Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL OWC BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF OWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST OWC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

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Indemnity

You agree to indemnify and hold OWC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys' fees), made against OWC by any third party due to or arising out of or in connection with your use of the Site.

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Information Disclosure

OWC appreciates the value of information and respects your privacy. However, OWC may disclose any information we have about you (including your identity or your communications with OWC through the Site) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with OWC's rights or property, or the rights or property of users of the Site. OWC reserves the right at all times to disclose any information that OWC deems necessary to comply with any applicable law, regulation, legal process or governmental request. OWC also may disclose your information when OWC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes, or if OWC determines disclosure is reasonably necessary to protect the rights, property or personal safety of OWC, its employees, users or visitors to the Site, and the public. For more information, please see OWC's Privacy Policy.

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Void Where Prohibited

Any offer for any feature, product or service on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so at your own risk and you are solely responsible for complying with applicable local laws. OWC reserves the right to limit, in its sole discretion, the provision and quantity of any Site feature, product or service to any person or geographic location.

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