Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY USING (DEFINED AS “BROWSING, SHOPPING, ACCESSING OR ANY
OTHER USE OF THE SITE”) THIS WEB SITE operated
by DERIVE TECHNOLOGIES, LLC (“DERIVE”), YOU AGREE TO BE BOUND BY THE
FOLLOWING TERMS AND CONDITIONS.
Important Information About This Legal Contract
These terms and conditions
are subject to change without prior notice at any time, in Derive’s sole
discretion. By visiting, browsing, shopping, accessing or otherwise using the
Site after a change has been posted to the Site, the Customer accepts that
change. Customers should check this User Agreement and the Privacy Pledge
frequently.
Acceptance
of Contract Terms
This User Agreement, and all
of its terms and conditions, constitute a legal contract between you and Derive
Technologies, LLC ("Derive").(References to "you" or "your" shall relate to a
customer of Derive or other party that visits, browses, shops, accesses or
otherwise uses the Site (the "Customer"); references to
"Derive" shall relate to Derive Technologies, LLC and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using this
site ("Site"), you acknowledge that you have read, understood, and
agree to be bound by this User Agreement and comply with all applicable laws
and regulations, including U.S. export and re-export control laws and
regulations. If you do not agree to this User Agreement, as it may be changed
by Derive from time to time, do not use this Site. The material provided on
this Site is protected by law, including, but not limited to,
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of the state of
Access, Interference and Linking
Derive grants you a limited
license to access and make personal use of the Site and not to download (other
than page caching) or modify it, or any portion of it, except as provided below
under "Use Restrictions," or with express written consent of Derive.
The following activity on the Site is expressly prohibited: Any non-personal or
commercial use of any robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content contained herein without
prior written permission by Derive; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant that
supplies products competitive with or comparable to those offered on the Site;
and, Any use of, visits to, or other action that imposes an unreasonable or
disproportionately large load on the Site, or otherwise interferes with its
proper and timely functioning.
Any unauthorized use terminates the license granted by Derive.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Site so long as the link does not portray
Derive, its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any Derive logo or
other proprietary graphic or trademark as part of the link without express
written permission.
Derive does not review or control third-party sites that link to or from the
Site, and is not responsible for the contents of any third-party sites linked
to or from the Site.
Use Restrictions
The copyright in all material
provided on this Site is held by Derive or CNet Networks,
Inc.™ or by the original creator of the material. Except as stated herein, none of the material
may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of Derive or the copyright owner. Permission is
granted to display, copy, distribute and download the materials on this Site
for personal, non-commercial use only, provided you do not modify the materials
and that you retain all copyright and other proprietary notices contained in
the materials. This permission terminates automatically if you breach any of
these terms or conditions. Upon termination, you must immediately destroy any
downloaded or printed materials. You also may not, without Derive's prior
written permission, "mirror" any material contained on this Site on
any other server. Any unauthorized use of any material contained on this Site
may violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their
respective owners. Photographs courtesy of respective manufacturers and Cnet Networks, Inc.Microsoft and the Passport Logo are either registered trademarks or
trademarks of Microsoft Corporation in the
Limitation
of Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DERIVE BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE
INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF DERIVE OR A DERIVE AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE
OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and
using the information therein available and/or by purchasing any products or
services made available through this Site, you agree with DERIVE, its service
providers, agents, employees, successors, assigns, affiliates, parents,
subsidiaries and any content provider or offeror of
goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time the claim is filed. The Code is
available at http://www.arbitration-forum.com
or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this User Agreement, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention
on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in
the jurisdiction where enforcement of the award is sought). Hearings shall be
held as provided by the Code and if any In-person Hearing is required, it shall
be held in
Privacy
Please review our
Privacy Notice, which
also governs your visit to this Site.
Account and
Password
You are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password.Derive reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications
to DERIVE
Any communication or material
you transmit to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post may be used
by Derive for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting. Furthermore, Derive
is free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Derive or the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products
using such information.
Copyright
Complaints
If you believe that your work
has been copied in a way that constitutes copyright infringement, please
contact:
Derive
Technologies, LLC
Chief
Legal Counsel
116 John Street
Telephone: (212) 363-1111
Fax: (212) 363-6211
E-mail:
info@Derivetech.com
Disagreement
with These Terms and Conditions
If you disagree with any of
the terms and conditions of this User Agreement, please do not visit, browse,
shop, access or otherwise use this Site.