Acceptance of Terms
The following are terms ("Terms") of a legal agreement between you and Tierratek, Inc. By accessing, browsing and/or using this website ("Website"), you acknowledge that you have read, understood, and agree, to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, do not use this Website.
Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of California.
International access
This Website is administered by Tieratek from its headquarters within the United States. Tierratek makes no representation that materials or services at this Website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
Use of Website
Tierratek authorizes you to view and download the materials at this Website only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other Website or networked computer environment for any purpose is prohibited. The materials at this Website are copyrighted and any unauthorized use of any materials at this Website may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials.
Disclaimers
THE INFORMATION, MATERIALS AND SERVICES AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Tierratek, Inc.'s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Website should be construed to alter such agreements. Tierratek, Inc. further does not warrant the accuracy and completeness of the materials or services at this Website. Tierratek, Inc. may make changes to the materials and services at this Website, or to the products and prices described in them, at any time without notice. The prices for products and services listed at this Website may be out of date, and Tierratek, Inc. makes no warranty to honor the prices until your order has been verified and processed by one of our representatives. The materials and services at this Website may be out of date, and Tierratek, Inc. makes no commitment to update the materials and services at this Website. Information published at this Website may refer to products, programs or services that are not available in your country or have become discontiuned by the manufacturer.
Consult a Tierratek sales representative for information regarding the products, pricing, programs and services that may be available.
Limitation of liability
IN NO EVENT WILL Tierratek, Inc., ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Tierratek, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION, OR SERVICES FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
User submissions
Tierratek, Inc. does not want to receive confidential or proprietary information from you through this Website. Any material, information or other communication ("Communications") you transmit to this Website will be considered non-confidential and non-proprietary. Tierratek, Inc. will have no obligations with respect to the Communications. Tierratek, Inc. 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. Personally identifiable information that you submit to Tierratek, Inc. for the purpose of receiving products or services will be handled in accordance with
Tierratek's privacy policy. You are prohibited from transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Links to third-party websites
Links on this Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Website. Tierratek, Inc. has not reviewed all of these third-party websites and does not control and is not responsible for any of these websites or their content. Thus, Tierratek, Inc. does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked from this Website, you do this entirely at your own risk.
Linking to this Website
You may create links to this Website from other websites, but only in accordance with the
terms of linking to Tierratek's Website and in compliance with all applicable laws.
Copyright
The copyright of all materials provided on this website ("Website") is held by Tierratek, Inc. or by the original creator of the materials and is protected by law, including, but not limited to, United States Copyright Law and international treaties. The "Shining StarLogo" and the brands represented by 'Tierratek' and 'Tierratek, Inc.' are used under a license agreement provided by the original creator. All rights not expressly granted herein are reserved. Except as stated herein, none of the materials may be copied, reproduced, transmitted, republished, downloaded, uploaded, displayed, posted, or distributed in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Tierratek, Inc. or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Website 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 and printed materials. You also may not, without Tierratek, Inc.'s permission, "mirror" any material contained on this Website on any other server. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes, and could result in legal action.
Trademarks
The following trademarks or registered trademarks belong to Tierratek, Inc.:
- Shining Star Element
- Shining Star Nexus
- Shining Star Eclipse
- Shining Star Titan ™
- Shining Star Nova
- Shining Star Hercules
- Shining Star Nebula
- Shining Star Andromeda
- Shining Star Aurora
- Shining Star Pegasus
- Shining Star Galaxy
- Shining Star logo
AMD, the AMD logo, AMD Athlon, the AMD Athlon logo, AMD Duron, the AMD Duron logo, AMD Opteron, and the AMD Opteron logo are trademarks or registered trademarks of Advanced Micro Devices, Inc. in the United States and other countries.
Intel, the Intel logo, Intel Inside, the Intel Inside logo, Intel Centrino, the Intel Centrino logo, Intel Celeron, the Intel Celeron logo, Intel Xeon, the Intel Xeon logo, Intel Pentium, and the Intel Pentium logo are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries.
Microsoft and Windows are registered trademarks of Microsoft Corporation in the United States and other countries.
Other company and product names are trademarks or registered trademarks of their respective companies.
Links
Tierratek encourages links to this Website. Any link to Tierratek's Website from a different website must conform to the following rules:
- You must identify any link to this Website by Tierratek's company name, logo, product name, or URL.
- You must not imply that by using any link to this Website Tierratek has sponsored or endorsed your website without receiving the prior written permission from Tierratek.
- You may not link to this Website from any website which, in Tierratek's sole opinion, disparages or inaccurately portrays Tierratek or its products or services.
Failure to abide by these link rules may result in legal action.
Logo
Any use of the Shining Star Logo ("Logo") must conform to the following rules:
- You may not alter the Logo in any manner.
- You may not use the Logo to imply that Tierratek has sponsored or endorsed anything without receiving prior written permission from Tierratek.
- You may not use the Logo on any materials which, in Tierratek's sole opinion, disparages or inaccurately portrays Tierratek or its products or services.
Failure to abide by these Logo rules may result in legal action.
Revisions
Tierratek may revise these Terms at any time by updating this page. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.