1. Password

By accessing Ultra Digital e-Commerce sites, you are agreeing to the following terms and conditions (as modified from time to time), and each time that you access our Ultra Digital e-Commerce sites you reassert your agreement. If you do not agree with these terms and conditions, then you may not access or use Ultra Digital e-Commerce services.

In order to access Ultra Digital e-Commerce site, you must present a valid password and user ID. Your password is your sole responsibility, and you must take all necessary actions to safeguard the security of your password and its use in accessing Ultra Digital e-Commerce sites and ordering products. You agree not to challenge the validity or enforceability of any order made via Ultra Digital e-Commerce site with your password. You must not disclose your password to any person who is not authorized to use the password on your behalf. You will be solely responsible for all unauthorized use of your password by your employees or third parties. We recommend that you change your password periodically, and that you change your password immediately when you have reason to believe that your password security has been compromised. You may change your password at any time by contacting our Ultra Digital Customer service and requesting a new password.

2. Terms and conditions of sales

All sales of product via Ultra Digital e-Commerce sites shall be pursuant to Ultra Digital’s standard terms and conditions, as amended from time to time. Any conflicting terms in your purchase order or elsewhere are without effect. Your purchase via Ultra Digital e-Commerce sites is deemed to be a purchase pursuant to a written agreement.

3. Disclaimer

PRODUCT PURCHASED VIA ULTRA DIGITAL’S E-COMMERCE WEB SITE IS ON AN "AS IS" BASIS AND ULTRA DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS. ULTRA DIGITAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ULTRA DIGITAL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, OR FOR ANY DAMAGES OR SUMS PAID BY THE PURCHASER TO THE THIRD PARTIES, EVEN IF ULTRA DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, ULTRA DIGITAL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE ULTRA DIGITAL WEB SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Ultra Digital Co. and the Ultra Digital logo are trademarks used under license by Ultra Digital Co. All rights reserved.  All other trademarks are the property of their respective companies.

4. Limitation on Use

The products sold hereunder are not designed for, and Ultra Digital has no desire (i) to enter the life support market or to supply goods for use in life support systems, critical care applications, human implantation, commercial aviation, or any other applications where product failure could lead to injury or persons or loss of life or catastrophic property damage, or (ii) expose itself to the risk of loss, expenses, cost, liability, litigation and/or potential adverse verdict or judgment in relation to any such use of the products. Therefore, Ultra Digital disclaims any and all liability, and should you use or sell such products for use in such applications, you do so at your own risk.

5. Limited License

The information and databases provided to you via Ultra Digital e-Commerce sites are licensed to you by Ultra Digital for your use only in the ordinary course of your business for your review, selection and purchase of products from Ultra Digital. This license is non-exclusive, non-transferable, and may be terminated by Ultra Digital with or without cause at any time.

6. Limitation of Liability

Except as specifically stated herein, neither Ultra Digital nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with your use of Ultra Digital e-Commerce sites. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

IN NO EVENT SHALL ULTRA DIGITAL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ULTRA DIGITAL’s PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCT(S) SOLD PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, PERSONAL INJURY, THE NEGLIGENCE OF ULTRA DIGITAL OR OTHERWISE. ULTRA DIGITAL's LIABILITY SHALL BE LIMITED SOLELY TO THE REPAIR, REPLACEMENT OR CREDIT OF THE PRODUCT(S), AT ULTRA DIGITAL’S OPTION.

7. Indemnity

You agree to defend, indemnify and hold Ultra Digital and its affiliates, and their respective directors, officers, employees and agents, harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys' fees, arising from or in any way relating to your use of Ultra Digital e-Commerce sites.

8. Modification

This agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein. Ultra Digital may modify these terms and conditions, as well as the information and functionality of Ultra Digital e-Commerce sites, at any time. If Ultra Digital should make any changes to these terms and conditions, you may be required to confirm your agreement to such changes in order to access Ultra Digital e-Commerce services. 

9. Governing Law

This Agreement will be governed by the laws of the State of California, USA, excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

BY ACCESSING ULTRA DIGITAL'S E-COMMERCE SITES, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Copyright ©2010 Ultra Digital, Ultra Digital Corporation All

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