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Text Content

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 3. OWC Terms, Conditions and Policies
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 4. Site Terms


OWC TERMS, CONDITIONS AND POLICIES

At OWC Our Customers Come First! Quality Products, Competitive Prices, Expert
Support since 1988

 * Site Terms
 * Terms & Condition of Sale
 * Return Policy
 * Sales Tax
 * Hardware Warranty Information
 * Privacy Policy
 * Idea Submission Policy
 * End User License Agreement
 * OWC Raid Manager Public Beta SLA
 * Firmware Updates of Apple® OS
 * Contact Customer Support
 * Contact OWC Legal Team


SITE TERMS

 * Agreement to Terms and Conditions
 * Modifications
 * Content
 * Trademarks & Copyrights
 * Accounts & Passwords
 * Purchase Terms and Conditions
 * Coupon Terms and Conditions
 * Third Party Content
 * Reviews
 * Void Where Prohibited
 * Information Disclosure
 * Limitation of Liability
 * Indemnification
 * Disclaimers


AGREEMENT TO TERMS AND CONDITIONS

These Terms and Conditions ("Terms") apply to the web site located at
www.macsales.com and all associated sites linked to www.macsales.com by OWC, its
subsidiaries and affiliates ("Site"). The Site is the property of OWC and its
licensors. IF YOU VISIT OR SHOP AT THE SITE, YOU ACCEPT THESE TERMS &
CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

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MODIFICATIONS

OWC reserves the right to modify these Terms at any time. It is your
responsibility to check the Terms periodically for changes. Continued use of the
Site following posting of changes means you agree to the changes. OWC may make
changes to any products or services offered, or to the applicable prices for any
such products or services, at any time, with or without notice.


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CONTENT

All text, graphics, interfaces, pictures, trademarks, logos, sounds, music, art,
Videos, and code ("Content"), including but not limited to the design,
selection, "look and feel", compilation, and arrangement of such Content, is
protected by copyright, trademark, and various other intellectual property laws.
VOYAGER trademark used under a license from the owner of U.S. Registration No.
3,089,301. All rights reserved. Except as expressly provided in the Terms, no
part of the Site or Content may be copied, reproduced, republished, uploaded,
posted, encoded, translated, transmitted or distributed in any way to any other
computer, server, web site or other medium for publication or distribution or
for any commercial purpose, without OWC 's prior written consent.

All Site Instructional Videos ("Videos"), are owned or licensed by or to OWC,
and are protected by copyright, trademark, and various other intellectual
property laws. Except as expressly provided below, no part of the Videos may be
copied, reproduced, republished, uploaded, posted, encoded, translated,
transmitted or distributed in any way to any other computer, server, web site or
other medium for publication or distribution or for any commercial purpose,
without OWC 's prior written consent.

OWC permits the downloading and distribution of its Videos, provided that you
agree to comply with the following conditions in addition to the Terms:

 1. Videos may only be used in their complete, unmodified format. No clipping,
    altering, or creating derivative works of Videos in any manner is allowed;
 2. Videos may not be used for any commercial use, including but not limited to,
    selling Videos, incorporating Videos into other products intended for resale
    (for-profit); and using the Videos to directly or indirectly sell, market,
    or advertise your (or any other third party's) products or services;
 3. Videos may not be used in any manner that would, in the sole discretion of
    OWC , harm the reputation of OWC , or in a manner that is inappropriate in
    light of community decency standards;
 4. OWC requests for consideration of Video use a prominent link back to
    www.macsales.com and, where applicable, any referenced OWC product links
    shall be directed to the appropriate www.macsales.com product description
    page;
 5. You agree to indemnify and hold harmless OWC , and its owners, affiliates,
    agents, and employees, from and against any claims, costs, or damages
    (including attorney's fees) arising from your use and/or distribution of the
    Videos. Although every effort is made to provide the most accurate and
    useful information in Videos, no warranty, expressed or implied, is made
    regarding accuracy, completeness, reliability, or usefulness of any
    information. Models used for demonstration on Videos may vary from that used
    by you. You use the Videos at your own risk, and you agree OWC shall not be
    held liable for any use of the information contained in Videos;
 6. Your use of Videos is expressly subject to the complete Site Terms and
    Conditions available at: Site Terms. In no event shall OWC be liable for any
    direct, indirect, incidental, special, exemplary, or consequential damages
    howsoever caused and under any theory of liability, whether in contract,
    strict liability, or tort (including negligence or otherwise) arising in any
    way out of the use of the Videos, even if advised of the possibility of such
    damage. This disclaimer of liability applies to any damages or injury,
    including but not limited to those caused by any failure of performance,
    error, omission, interruption, deletion of data, defect, delay, computer
    virus, destruction, or negligence;
 7. You agree to immediately cease using Videos upon receipt of notice from OWC
    that you are in violation of its conditions of Video use.

All other rights reserved. Full HD versions of most videos are available. Please
contact marcom@macsales.com for more information or guidance in using OWC Videos
on your site.


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TRADEMARKS & COPYRIGHTS

The following is a non-exhaustive list of OWC's trademarks and registered
trademarks.

When using these marks in publications that will be distributed only in the USA:
The following symbols: ™, ℠, or ® should be used upon first usage of the
protected name.

For publications that will be distributed outside the United States:
Do not include trademark symbols. Instead use the appropriate trademark
attribution notice, for example:
Data Doubler is a trademark of New Concepts Development Corporation, registered
in the U.S. Patent and Trademark Office.

Note: Trademarks are adjectives, and cannot be made plural or possessive.

The absence of a logo, product name, or service name, from the list below does
not constitute a waiver of OWC's intellectual property rights, trademark rights,
or other rights of that product, service name, or logo.

All other trademarks, names, logos, product and service names, designs and
slogans that appear on the Site are the property of their respective owners.

Trademark

Status

®

Adaptadrive

®

AKiTiO

®

AKiTiO (Stylized/Design)

®

Aura

®

Copy That

®

®

Data Doubler

®

Gripbase

®

Gripstand

®

Guardian Maximus

®

Ifolio

®

Jupiter

®

Maxpower

®

Maxram

®

Mercury Accelsior

®

Mercury Electra

®

Mercury Elite Pro

®

Mercury Enterprise

®

Mercury Extreme

®

Mercury Helios

®

Mercury On-The-Go

®

miniStack

®

Multi-Mount

®

Newerram

®

Newertech

®

newertech

®

Newertechnology

®

Nucase

®

Nucradle

®

Nudrive

®

Nuguard

®

Numount

®

Nupad

®

Nupower

®

Nustand

®

Other World Computing

®

OWC

®

®

OWC ELEKTRON (Stylized/Design)

®

OWC Envoy

®

OWC ENVOY PRO ELEKTRON

®

OWC Express

®

OWC Pro IT Services

®

OWC ROVER PRO

®

OWC Trust Advantage

®

OWC U2 SHUTTLE

®

Paratus

®

Perfect Fit Solution

®

POWER2U

®

Powered by OWC

®

Powering Onward and Upwards

®

Protectadrive

®

Puzzle Pieces (Design Only)

®

Rocket Yard

®

Smart Alec

®

Smart ALEC Head (Design Only)

®

Softraid

®

Storadrive

®

Thunderbay

®

Thunderblade

®

Transwarp

®

X INXTRON (Stylized/Design - Color)

®

TM

INGEST THAT

TM

OWC JELLYFISH

TM

OWC MIGRATE

TM

THUNDERFLEX

TM

USAT

TM

FROM CAPTURE TO COMPLETION

TM

IT JUST WORKS

TM

OWC Atlas

TM

OWC BEYOND FAST

TM

OWC GEMINI

TM

PROFORMANCE

TM

Safe Migrate

TM

TM

ClingOn

TM

Data Sage

TM

Drive Sage

TM

For All ComputerKind

TM

OWC Mercury

TM

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ACCOUNTS & PASSWORDS

Certain services offered on or through the Site may require you to open an
account (including setting up a MacSales.com username and password). You are
responsible for maintaining the confidentiality of your account information,
including your password, and for any activity that occurs under your account.
You may not use anyone else's MacSales.com username, password, or account at any
time without express consent. OWC is not liable for any loss or damage arising
from your failure to comply with these obligations.


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PURCHASE TERMS AND CONDITIONS

Additional terms and conditions apply to purchases of goods or services at the
Site. Terms of Sale are located at: Site Terms . Such terms are made a part of
these Terms by this reference. You agree to abide by such other terms and
conditions as applicable. If there is a conflict between these Terms and the
terms of sale for any goods or services offered through the Site, the latter
terms shall control with respect to your purchase or use of the goods or
services.

The following terms also govern and apply to your use of the Site, and they are
incorporated herein by this reference: Privacy Policy.


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COUPON TERMS AND CONDITIONS

 * Every coupon is distinguished by a unique Coupon Code and comes with specific
   criteria and corresponding rewards. Please ensure you review your coupon
   thoroughly, as meeting all the stated requirements is essential to qualify
   for the discount.
 * Coupon values are as specified on the coupon.
 * Coupon use is only of value on regular priced OWC branded items. E.g. coupons
   cannot be doubled on any existing promotions, clearance pricing, open box or
   used items (including used/refurbished/new Mac and Apple branded items).
 * Limit of one coupon per customer.
 * If you do not purchase the qualifying items added to your cart when the
   coupon is in effect, the discount will not apply.
 * The coupon offer will not be valid until it is applied to the qualifying
   item(s).
 * Coupons are intended for single use only.
 * A coupon may not be used in conjunction with the purchase of products sold by
   or under the brands of third parties, including, but not limited to, our
   affiliates or third-party merchants.
 * Coupons may only be used on www.macsales.com.
 * In the case of a multiple-item order, the value of the coupon is allocated to
   each item based on the proportion of the item's value to the total value of
   all items, excluding shipping, taxes and other charges.
 * Certain items may not be eligible for discount. This includes new items
   which, by law, cannot be sold at a discount in certain countries.
 * A coupon cannot be used to pay for taxes, shipping and handling or other
   charges.
 * If your coupon has a minimum purchase requirement, taxes, shipping and
   handling and other charges do not apply towards the minimum purchase amount.
 * Some promotional offers may not be combined with other offers in the same
   order. Generally, only one coupon code may be used per order.
 * Each coupon is valid for a limited time only and expires on the date
   specified in the offer.
 * OWC reserves the right to modify or cancel coupons at any time.
 * Coupons are not refunded on returned products.
 * Offer good while supplies last.
 * Void where prohibited.
 * Coupons are void if restricted or prohibited by law.

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THIRD PARTY CONTENT

This Site may contain links to other independent third-party web sites ("Linked
Sites"). These Linked Sites are provided solely as a convenience. Such Linked
Sites are not under OWC 's control, and OWC is not responsible for and does not
endorse the content of such Linked Sites, including any information or materials
contained on Linked Sites.

At times, Site visitors may post reviews, suggestions, questions, comments,
photos, and other content to the Site, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious or objectionable to third
parties and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You agree not to use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to content origin when posting to the Site.
OWC reserves the right (but not the obligation) to remove or edit such content,
but cannot review all posted content.

If you do post content or submit material, you grant OWC a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant OWC the right to use the name that you submit in connection with such
content. You represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate; that use of
the content you supply does not violate these Terms and will not cause injury to
any person or entity; and that you will indemnify OWC for all claims resulting
from content you supply. OWC takes no responsibility and assumes no liability
whatsoever for any content posted by you or any third party.


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REVIEWS

MacSales.com Reviews offer our customers the opportunity to share your
experiences with our products and services. In addition, if you wish to share
feedback with us about product selection, pricing, ordering, delivery or other
customer service issues, please do not submit this feedback through a product
review. Instead, contact us directly.

When writing your review, please consider the following guidelines:

 * Focus on the product and your individual experience using it
 * Provide details about why you liked or disliked a product
 * There is a 1,000 word maximum on reviews. The recommended length is 75 to 300
   words.

All reviews submitted are screened before they are posted to the website. OWC
reserves the right to deny public posting rights to any review, specifically if
it contains any of the following types of content or violates other guidelines,
including but not limited to:

 * Obscenities, discriminatory language, or other language not suitable for a
   public forum;
 * Advertisements, "spam" content, or references to other products, offers, or
   websites;
 * Email addresses, URLs, phone numbers, physical addresses or other forms of
   contact information;
 * Critical or spiteful comments on other reviews posted on the page or their
   authors.

Please note that all submitted reviews are subject to the additional terms set
forth below. BY SUBMITTING YOUR REVIEW YOUR AGREE TO THE FOLLOWING TERMS &
CONDITIONS:

> These Terms of Use govern your conduct associated with the Customer Ratings
> and Review service offered by OWC (the "CRR Service"). To the extent of any
> conflict between MacSales.com's Privacy Policy and these Terms of Use, these
> Terms of Use shall control with respect to the CRR Service.
> 
> By submitting any content to MacSales.com, you represent and warrant that:
> 
>  * You are the sole author and owner of the intellectual property rights
>    thereto;
>  * All "moral rights" that you may have in such content have been voluntarily
>    waived by you;
>  * All content that you post is accurate;
>  * You are at least 13 years old;
>  * Use of the content you supply does not violate these Terms of Use and will
>    not cause injury to any person or entity.
> 
> You further agree and warrant that you shall not submit any content:
> 
>  * That is known by you to be false, inaccurate or misleading;
>  * That infringes any third party's copyright, patent, trademark, trade secret
>    or other proprietary rights or rights of publicity or privacy;
>  * That violates any law, statute, ordinance or regulation (including, but not
>    limited to, those governing export control,
>  * Consumer protection, unfair competition, anti-discrimination or false
>    advertising);
>  * That is, or may reasonably be considered to be, defamatory, libelous,
>    hateful, racially or religiously biased or offensive, unlawfully
>    threatening or unlawfully harassing to any individual, partnership or
>    corporation;
>  * For which you were compensated or granted any consideration by any third
>    party;
>  * That includes any information that references other websites, addresses,
>    email addresses, contact information or phone numbers;
>  * That contains any computer viruses, worms or other potentially damaging
>    computer programs or files.
> 
> You agree to indemnify and hold New Concepts Development Corporation, its
> subsidiaries, Other World Computing, Inc. and MacSales.com (collectively
> "OWC"), along with its officers, directors, agents, joint ventures, employees
> and third-party service providers, including but not limited to Bazaarvoice,
> Inc., harmless from all claims, demands, and damages (actual and
> consequential) of every kind and nature, known and unknown including
> reasonable attorneys' fees, arising out of a breach of your representations
> and warranties set forth above, or your violation of any law or the rights of
> a third party.
> 
> For any content that you submit, you grant OWC a perpetual, irrevocable,
> royalty-free, transferable right and license to use, copy, modify, delete in
> its entirety, adapt, publish, translate, create derivative works from and/or
> sell and/or distribute such content and/or incorporate such content into any
> form, medium or technology throughout the world without compensation to you.
> 
> All content that you submit may be used at OWC 's sole discretion. OWC
> reserves the right to change, condense or delete any content on MacSales.com
> 's website that OWC deems, in its sole discretion, to violate the content
> guidelines or any other provision of these Terms of Use. OWC does not
> guarantee that you will have any recourse through MacSales.com to edit or
> delete any content you have submitted. Ratings and written comments are
> generally posted within two to four business days. However, OWC reserves the
> right to remove or to refuse to post any submission for any reason. You
> acknowledge that you, not OWC, are responsible for the contents of your
> submission. None of the content that you submit shall be subject to any
> obligation of confidence on the part of OWC , its agents, subsidiaries,
> affiliates, partners or third party service providers and their respective
> directors, officers and employees.
> 
> By submitting your email address in connection with your rating and review,
> you agree that OWC and its third party service providers may use your email
> address to contact you about the status of your review and other
> administrative purposes.

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VOID WHERE PROHIBITED

Any offer for any feature, product or service on the Site is void where
prohibited. If you choose to access the Site from outside the United States, you
do so at your own risk and you are solely responsible for complying with
applicable local laws. OWC reserves the right to limit, in its sole discretion,
the provision and quantity of any Site feature, product or service to any person
or geographic location.


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INFORMATION DISCLOSURE

OWC appreciates the value of information and respects your privacy. However, OWC
may disclose any information we have about you (including your identity or your
communications with OWC through the Site) if we determine that such disclosure
is necessary in connection with any investigation or complaint regarding your
use of the Site, or to identify, contact or bring legal action against someone
who may be causing injury to or interference with OWC 's rights or property, or
the rights or property of users of the Site. OWC reserves the right at all times
to disclose any information that OWC deems necessary to comply with any
applicable law, regulation, legal process or governmental request. OWC also may
disclose your information when OWC determines that applicable law requires or
permits such disclosure, including exchanging information with other companies
and organizations for fraud protection purposes, or if OWC determines disclosure
is reasonably necessary to protect the rights, property or personal safety of
OWC, its employees, users or visitors to the Site, and the public. For more
information, please see Privacy Policy.


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LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL OWC BE LIABLE TO YOU FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFITS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF OWC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST OWC FOR
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY
SUCH CONTENT.

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INDEMNIFICATION

You agree to indemnify and hold OWC, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, subsidiaries and
affiliates, harmless from any demands, loss, liability, claims or expenses
(including reasonable attorneys' fees), made against OWC by any third party due
to or arising out of or in connection with your use of the Site.


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DISCLAIMERS

OTHER WORLD COMPUTING, INC. ("OWC") DOES NOT WARRANT THIS SITE OR ANY CONTENT,
VIDEOS, OR SERVICE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC
RESULTS. THE SITE AND ITS CONTENT AND VIDEOS ARE DELIVERED ON AN "AS-IS" AND
"AS-AVAILABLE" BASIS. OWC DOES NOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU
DOWNLOAD FROM THE SITE WILL BE FREE FROM VIRUSES OR OTHER DESTRUCTIVE FEATURES.
OWC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE. OWC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT
OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE
AND/OR ANY OWC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE
SITE, THIRD PARTY CONTENT POSTED ON THE SITE, SITE CONTENT, VIDEOS, AND RELIANCE
ON LINKED SITES.

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