Website Terms of Use

We may revise and update these Terms from time to time in our sole discretion, in accordance with applicable law. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms means that you accept and agree to the changes. By using the Sites, you consent to receiving electronic communications from us, including via email or postings on the Sites, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We reserve the right to terminate, alter, or amend the Sites, and any service, content, or material we provide on the Sites, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Sites is unavailable at any time or for any period.

The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Netpreme, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property rights laws. All rights not specifically granted herein are reserved by Netpreme.

These Terms permit you to use the Sites for your internal business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Sites except for your internal business use. If we provide social media features, you may take such actions as are enabled by such features.

No right, title or interest in or to the Sites or any content on the Sites is transferred to you under any circumstances, and all rights not expressly granted are reserved by Netpreme. Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

If you choose to provide any feedback, comments, suggestions, ideas, or other information regarding problems with or proposed modifications or improvements to the Sites (collectively, “Feedback”), you do so on a non-confidential basis, regardless of any designation to the contrary in any accompanying correspondence. Netpreme shall be free to use such Feedback for any purpose whatsoever, including developing, manufacturing, and marketing products, without any obligation of compensation or attribution to you. This Section does not apply to feedback submitted through any Product Services, which is governed solely by the applicable Product Services terms of service.

All trademarks, service marks, logos and trade names which appear on the Sites, whether registered or not (including but not limited to: the word marks “Netpreme,” “X-Mem,” “XM-Serve,” “Warm Memory Tier,” and “Networked Memory Tier,” and all associated logos) (the “Marks”) are and remain the exclusive property of Netpreme or its licensors (as applicable) and are protected by applicable intellectual property and trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without Netpreme’s prior consent, which shall be in Netpreme’s sole discretion. The use of any of the Marks on any other website is prohibited without the express written consent of Netpreme.

You may use the Sites only for lawful purposes and in accordance with these Terms. You agree not to use the Sites:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, applicable sanctions laws, trade controls, or anti-corruption laws).
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Netpreme, a Netpreme employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Netpreme or users of the Sites or expose them to liability.
• If you are a competitor, or for purposes of monitoring the Sites’ availability, performance or functionality, or for any other benchmarking or competitive purposes.

Additionally, you agree not to:

• Use the Sites or any device, software or routine in any manner that could disable, overburden, damage, or impair the proper working of the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
• Modify copies of any materials from the Sites.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites.
• Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring, scraping, or copying any of the materials on the Sites.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites.
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Sites.

While we may periodically update or correct information presented on the Sites, such information, or other information on the Sites, may include typographical errors and/or technical inaccuracies and/or omissions. The Sites may also include performance data, benchmarks, specifications, or metrics relating to Netpreme products or services, which may be based on extrapolations, projections, estimates, simulations, or limited testing data, and may represent expected or anticipated performance rather than actual measured results under all conditions; actual product performance may vary materially from any such data. We make no representation or warranty as to the accuracy of any information on the Sites and expressly disclaim any obligation to update such information. We also reserve the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice.

Please see our Privacy Policy for details about our collection, use and disclosure of personal information in connection with the Sites. By using the Sites, you acknowledge that your personal information may be transferred to, and processed in, the United States and other countries that may not provide the same level of data protection as the laws of your country of residence.

The Sites may contain links to websites that are owned and controlled by third parties that are not within Netpreme’s control, which are for your convenience only. The sites you can link to have their own separate terms and conditions and privacy policies, which we encourage you to review prior to using such sites. We are not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk.

The Sites may include content and/or materials provided by third parties. All statements and/or opinions expressed in such content and materials are solely the opinions and the responsibility of the person or entity providing such content or materials and do not necessarily reflect the opinion of Netpreme. We are not responsible, or liable to you or any third party, for the content or accuracy of any content or materials provided by any third parties.

The Sites may include features that operate in conjunction with certain third-party social networking websites that you visit such as LinkedIn and X (formerly Twitter) (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites is governed by the terms of each such third party site. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER NETPREME NOR ANY PERSON ASSOCIATED WITH NETPREME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER NETPREME NOR ANYONE ASSOCIATED WITH NETPREME REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SITES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR STATUTORY RIGHTS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE SITES OR THEIR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND USING THE SITES AND THE CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NETPREME, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold Netpreme (and its affiliated companies, contractors, employees, directors, officers, licensors, and agents) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Sites; (ii) any violation of applicable law or the rights of any other person or entity by you; or (iii) any breach or violation by you of these Terms.

If any provision of these Terms is held unlawful, void, or for any reason unenforceable, then that provision is deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms is not construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

These Terms, together with our Privacy Policy and any other legal notices or terms published by us on the Sites, constitute the entire agreement between you and Netpreme concerning your use of the Sites. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Netpreme with respect to the Sites. Netpreme may assign its rights and obligations under these Terms, in whole or in part, without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or to any affiliate. You may not assign or transfer these Terms or any rights hereunder, and any attempt to do so will be null and void.

Please read the following arbitration agreement in this Section 13 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Netpreme unless you opt out as described below and limits the manner in which you can seek relief from us.

These Terms are governed by the laws of the State of Delaware, without giving effect to any principles of conflict of law. If you are a consumer residing outside the United States, you may benefit from any mandatory provisions of the law of the country in which you reside, and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. For users residing in the European Union or European Economic Area, these Terms shall not deprive you of the protection afforded by provisions that cannot be derogated from by agreement by virtue of applicable law in your country of residence. For users in the United Kingdom, nothing in these Terms affects your statutory rights under applicable United Kingdom consumer law. Subject to the foregoing, any legal suit, action, or proceeding arising out of or related to these Terms or the Sites that is not subject to arbitration as set forth in Section 13 shall be instituted exclusively in the federal or state courts located in the Commonwealth of Massachusetts, and you irrevocably submit to the personal jurisdiction of such courts; provided, however, that to the extent applicable law in your jurisdiction requires that you be permitted to bring proceedings in the courts of your country of residence, consumers in the EU, EEA, or UK may do so.

If you have any feedback, comments, requests for technical support or other communications relating to the Sites, please contact us at info@netpreme.com.