Terms of Use

UFSA Website Terms and Conditions of Use

Please Read Carefully Prior to Using This Website

BY USING THIS WEBSITE YOU AGREE THAT THE UNIVERSAL FLASH STORAGE ASSOCIATION (“UFSA”) HAS NO RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.

FURTHER, YOU AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE UFSA WEBSITE.

THE UFSA WEBSITE INCLUDES ANY DOMAIN ENDING IN UNIVERSALFLASH.ORG, INCLUDING WWW.UNIVERSALFLASH.ORG, HTTP://MEMBERS.UNIVERSALFLASH.ORG, HTTP://PROFILE.UNIVERSALFLASH.ORG, AND HTTP://EVENTS.UNIVERSALFLASH.ORG.

Terms of Use

The UFSA Website is owned and operated by the Universal Flash Storage Association. Under no circumstances is UFSA responsible for any errors, omissions or inaccuracies in any information on this Website, or for any loss or damages of any kind incurred as a result of the use of any information contained on this Website.

You acknowledge and agree that UFSA neither endorses the contents of any user communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

UFSA has the right, but not the responsibility, to remove any information, dialogue, or user from the Website for any reason at UFSA’s sole discretion.

Intellectual Property Rights

Ownership

All content, text, images, data, information and other material displayed, available or present on this Website (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights), are the property of UFSA, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws.

Website and Registration Information

Registration and Passwords

UFSA requires you to have a password and provide registration details to access portions of this Website. When we do require a password and registration details, the details you provide must be correct, current, and complete. If UFSA believes that the details are not correct, current, and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.

Access Arrangements

Your use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by UFSA in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website.

Links

Links to other websites is not an endorsement of the content of those websites. UFSA is not responsible for the content of linked sites. UFSA makes no representations as to the content or accuracy linked websites. Accessing linked websites is done at your own risk and is subject to the linked website’s Terms and Conditions.

Authority of Website Administrator

UFSA may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these Terms and Conditions of Use, the Content or any link at any time without liability or prior notice. UFSA may in its discretion terminate the browsing of, registration with and use of this Website by any user at any time without liability or prior notice for any reason, including for any breach of these Terms and Conditions of Use.

Import/Export Control

You agree not to submit any Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

Your Obligations

Your Conduct

As a user of this website, you are subject to all applicable local, state, national and international laws and regulations and shall not intentionally or unintentionally violate any applicable local, state, national or international law. In addition, you agree that you have read and will comply with the UFSA Bylaws, http://www.ufsa.org/bylaws.pdf and will refrain from discussion or posting of prices and pricing policies, costs, terms and conditions of purchase and sale, and other prohibited subjects.

Your Cooperation and Notification

You agree to cooperate with all reasonable requests of UFSA and will notify UFSA promptly upon learning of any actual or suspected breach of these Terms and Conditions of Use by you or unauthorized use or abuse of this Website.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE UFSA WEBSITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

UFSA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

UFSA MAKES NO WARRANTY THAT THE UFSA WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES UFSA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE UFSA WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE UFSA WEBSITE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UFSA WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

UFSA MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED IN RELIANCE ON THE INFORMATION ON THE UFSA WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE UFSA WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UFSA OR THROUGH THE UFSA WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, UFSA, AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, THE NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UFSA, AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE UFSA WEBSITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE UFSA WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF UFSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Laws

These Terms and Conditions and your use of the UFSA Website are governed by the laws of the State of California, without respect to conflict of laws principles. You agree that the courts of the State of California will have exclusive jurisdiction over any dispute arising out of or relating to use of the UFSA Website. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the UFSA website or these terms and conditions must be filed within one (1) year after such claim or cause of action arose.

Partial Invalidity

In the event that any provision of the Terms and Conditions are held to be invalid, the invalidity shall not affect the validity of the remainder of the Terms and Conditions.

No Waiver

No waiver of any of the Terms and Conditions shall be considered a further waiver of any other term or condition.

Separate Terms and Conditions

In connection with your use of and/or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms and Conditions of Use. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms and Conditions of Use regarding any use of this Website, unless otherwise expressly stated.

Privacy Policy

UFSA is concerned about privacy and has a policy to address privacy concerns. You can find the current privacy policy at http://www.ufsa.org/privacy (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms and Conditions of Use by reference, and constitutes a part of these Terms and Conditions of Use.

Your Agreement

These Terms and Conditions are a legally enforceable contract between you and UFSA with respect to the use of the UFSA Website. By entering the UFSA Website, you accept and agree to be bound by these Terms and Conditions.

UFSA reserves the right to modify the Terms and Conditions at any time.

Contact

If you become aware of any information in the UFSA Website that violates these Terms and Conditions, please cut and paste the relevant content into an email to [email protected]. UFSA cannot guarantee that any action will be taken as a result of your email.

Thank you for using the UFSA Website.