Legal Notices & Disclaimers
Effective Date: July 1, 2016
Please Read These Terms Carefully Before Using This Site
This website (the “Site”) is owned and operated by Toshiba America Electronic Components, Inc. ("TAEC"). You should not access this Site or use our services until you have carefully read and agreed to these terms and conditions of use (the “Terms”) which govern your access to and use of this Site. If you do not agree to them, do not use the site or download any materials from it. By accessing the Site or downloading any materials from this site, you agree to these Terms.
Use of this Site
The materials on this Site are provided by as a service to TAEC customers and may be used for informational purposes only. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site. Single copies may be downloaded subject to the provisions below.
User age and access. By submitting information through this Site you represent that you are over the age of 18.
Modification of Terms. TAEC reserves the right to change these Terms from time to time. Changes will be posted on the Site. If any of these changes are unacceptable, you may terminate your use of the Site. Use of the Site following the posting of any changes to these terms and conditions constitutes your acceptance of those changes.
Modification of Site. We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so.
The Site, including without limitation all of its Content (such as text, images, and the HTML used to generate the pages), all site design, text, graphics, interfaces, and the selection and arrangements thereof are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws and any unauthorized use of any materials at this Site may violate those laws and subject you to liability. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without the specific written permission of TAEC. We grant you a personal, non-exclusive, non-transferable license to access our Site and to use the information and services contained here. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement.
Single Copy License. You may download one (1) single copy of any information or other materials ("Materials") found on this Site on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by Toshiba in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a limited, single-copy license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display (b) remove any copyright or other proprietary notices from the Materials; (c) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
Ownership of Materials. The Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without TAEC's or Toshiba's prior written permission. Except as expressly provided herein, neither TAEC nor Toshiba grants any express or implied right, interest, license, or otherwise to you under any patents, copyrights, trademarks, or trade secret information.
Termination of This License. TAEC may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy all Materials you have downloaded.
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). TAEC will have no obligations with respect to the Communications. TAEC and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. You are prohibited from posting or transmitting to or from this Site any material in violation of these Terms or applicable law.
User Chat Rooms
TAEC may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. TAEC, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals using authorized services of TAEC. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. TAEC specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate or not your own;
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the Site’s or TAEC’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Violations of system or network security may result in civil or criminal liability. TAEC will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved in writing by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by us. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of TAEC or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
As between you and TAEC, (or other company whose marks appear on the Site), TAEC (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
The TAEC logos and service names are trademarks of TAEC (the “TAEC Marks”). Without TAEC’s prior permission, you agree not to display or use TAEC Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any TAEC Mark without the prior written consent of TAEC. Fair use of trademarks owned by TAEC, its parent company Toshiba Corporation (“Toshiba”), and its affiliates in advertising and promotion of Toshiba products requires proper acknowledgement of their trademarks. Toshiba trademarks may be used publicly with permission only from Toshiba. All other products, services, brands and names are property of their respective owners.
The information contained herein is presented only as a guide for application of Toshiba products. Toshiba is continually working to improve the quality and reliability of its products. Nevertheless, semiconductor and storage devices in general can malfunction or fail due to their inherent electrical sensitivity and vulnerability to physical stress. It is the responsibility of the buyer, when utilizing Toshiba products, to observe standards of safety and testing, and to avoid situations in which a malfunction or failure of a Toshiba product could result in the loss of human life, bodily injury or damage to property. Please ensure that Toshiba products are used within specified operating ranges as set forth in the most recent product specifications. Also, please keep in mind the precautions and conditions set forth in any materials accompanying such Toshiba products.
DISCLAIMER OF WARRANTIES
THIS SITE AND THE MATERIALS AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
TAEC DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TAEC MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TAEC FURTHER DOES NOT WARRANT THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS. TAEC MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME, OR TO THE PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TAEC OR TOSHIBA OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF YOUR USE/MISUSE OF, OR INABILITY TO USE, THE SITE OR THE MATERIALS, EVEN IF TAEC OR TOSHIBA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold TAEC, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
Content Subject to Change
Information presented here, including product pricing and specifications, content of services and contact information, is current on the date posted but is subject to change without prior notice. Technical and application information contained here is subject to the most recent applicable Toshiba product specifications. In developing designs, please ensure that Toshiba products are used within specified operating ranges as set forth in any materials accompanying such Toshiba products.
Links to Other Sites
You may be able to link to third party websites (“Linked Sites”) from the Site. The linked Sites are not under the control of TAEC and TAEC is not responsible for the content of any linked site or any link contained in a Linked Site. TAEC reserves the right to terminate any link or linking program at any time. TAEC does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. You should direct any concerns to that site's administrator or Webmaster. TAEC reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Linking to the Site
If you would like to link to ocz.com web site, please read and comply with the guidelines for linkage.
- Use of the Toshiba and OCZ logos for the purpose of providing a link is not permitted. (Use of the Toshiba or OCZ logo requires prior granting of authorization by Toshiba.)
- Any link that makes it unclear that the site is the Toshiba OCZ website and may give a false impression to a third party is prohibited.
- Any link within the scope of the "prohibited actions" specified in these "Terms and Conditions of Use" is prohibited.
Applicable Laws – International Use
This site is controlled by TAEC from its offices within the United States of America and all information is processed within the United States, although select technical support personnel may be located in other regions to better serve users located in such regions. TAEC makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.
You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with TAEC or relating in any way to your use of the Site resides in the state and federal courts of Santa Clara County, California and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of such County.
Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms should be directed to: PrivacyOCZ@taec.toshiba.com
These Terms constitute the entire agreement governing your access to, dealings with, and use of the Site. Of course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the Site.
Any failure of TAEC to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.
The Terms inure to the benefit of TAEC’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Updated: July 1, 2016