Sales Terms & Conditions of http://www.shopopensolaris.com and The Purchase of Products from The Online Store
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
This web site located at URL http://www.shopopensolaris.com ("this Site") and the internet commerce storefront contained within it (the "Online Store") is owned and operated by Meridian Enterprises Corporation, Inc, an independent third party service provider, under contract with Sun Microsystems, Inc. and Toshiba America Information Systems, Inc. Digital Products Division." (collectively, "We" or "Us"). All sales from the Online Store are made by Meridian Enterprises Corporation, Inc . The following terms and conditions govern your use of this Site and the purchase of products by you through this Site. By using this Site, placing an order with The Online Store or submitting a purchase order to Meridian Enterprises Corporation, Inc ., you are indicating your acceptance of the following terms and conditions (the "Terms and Conditions"). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Meridian Enterprises Corporation, Inc. Meridian Enterprises Corporation, Inc., reserves the right to make changes to this Site and these Terms and Conditions at any time.
MERIDIAN ENTERPRISES CORPORATION, INC ONLINE STORE SALES TERMS AND CONDITIONS OF USE
Welcome to the OpenSolaris Laptop online store, where you can purchase the latest products. The following terms and conditions ("Terms of Use") govern your use of this site, as well as any purchase you make. By using and purchasing from Meridian Enterprises Corporation, Inc, you agree to be bound by these Terms of Use, as well as the Meridian Enterprises Corporation, Inc Privacy Policy. If you do not agree, do not use and/or make purchases from Meridian Enterprises Corporation, Inc.
Entire Agreement
These Terms of Use constitute the entire and exclusive agreement between you and Meridian Enterprises Corporation, Inc concerning your use of this site and the purchase of products hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Meridian Enterprises Corporation, Inc. These Terms of Use may not be altered, edited, supplemented or amended in any manner and any such alteration, edit, supplement or amendment shall be null and void, unless first agreed to by you and an authorized representative of Meridian Enterprises Corporation, Inc in writing.
Disclaimer of Warranties/Limitation of Liability
INFORMATION OR MATERIAL IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.
In regard to products and/or services purchased, such products and/or services shall be subject only to the applicable manufacturer or service warranties, if any, for that product; if such a warranty is available, that warranty shall be in writing and shall accompany the product and/or service. In regard to software which may accompany a Sun product, that warranty shall be in the license agreement for that software.
EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MERIDIAN ENTERPRISES CORPORATION, INC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AND MERIDIAN ENTERPRISES CORPORATION, INC SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF INFORMATION OR INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE INFORMATION OR MATERIALS, EVEN IF MERIDIAN ENTERPRISES CORPORATION, INC HAS BEEN ADVISED OF THE INTENDED USE OR OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO A PORTION OF THIS EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL MERIDIAN ENTERPRISES CORPORATION, INC'S LIABILITY EXCEED THE TOTAL PRICE PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES PURCHASED. IN NO EVENT SHALL MERIDIAN ENTERPRISES CORPORATION, INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS OR THE LIKE) OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY OR TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Products and Services
Products and services sold are for consumer use only and are for use only in the United States. We are unable to process any orders that originate, bill outside of the United States and/or are for shipment outside of the United States. All software (including pre-loaded software contained in hardware) is provided subject to the applicable end-user license agreement. All prices are subject to change, in Meridian Enterprises Corporation, Inc's sole discretion, prior to our acceptance of your order. Meridian Enterprises Corporation, Inc also may modify and/or discontinue products or services at any time and for any reason. Further, unless otherwise specified, products available for purchase on the OpenSolaris laptop online store are new.
Acceptance of Your Order
Any and all orders placed are subject to Meridian Enterprises Corporation, Inc's acceptance of your order, which shall be evidenced solely by shipment of your product(s). In the event only part of your order is shipped, such shipment shall constitute only partial acceptance of your order as to those particular items. If all ordered items are shipped, such shipment shall constitute full acceptance of your order.
Notwithstanding anything to the contrary set forth herein, Meridian Enterprises Corporation, Inc may, in its sole discretion, reject all or any part of your order. If Meridian Enterprises Corporation, Inc declines your order, whether in full or in part, we will attempt to notify you via the e-mail address you have provided with your order. Under no circumstances shall Meridian Enterprises Corporation, Inc be liable for any failure to notify you of our rejection of all or any part of your order.
Payment Terms; Price Confirmation
Products and services available on the OpenSolaris online store are priced in U.S.Dollars. You may pay for your order with one of the following credit cards issued in the United States: Visa®, Mastercard®, American Express® and Discover®. Meridian Enterprises Corporation, Inc does not accept cash, COD or personal checks. Your credit card will be charged as each item of your order is shipped. In the case of services, your credit card will be charged at the time your order is placed. Meridian Enterprises Corporation, Inc payment terms are subject to change without notice in Meridian Enterprises Corporation, Inc's sole discretion. Meridian Enterprises Corporation, Inc also reserves the right to limit the quantities of products available through Meridian Enterprises Corporation, Inc and quantities are subject to availability. In the event of shortage, Meridian Enterprises Corporation, Inc may allocate sales and deliveries in its sole discretion.
As part of processing your order from Meridian Enterprises Corporation, Inc, Meridian Enterprises Corporation, Inc will confirm the price of each selected product or service. In the event of any pricing errors, and if the price stated is higher than the product or service's correct price, Meridian Enterprises Corporation, Inc shall charge you such lower price. However, if the price stated is lower than the correct price for the product or service, Meridian Enterprises Corporation, Inc may, in its sole discretion, cancel your order. In the event Meridian Enterprises Corporation, Inc proceeds to cancel your order, Meridian Enterprises Corporation, Inc shall notify you of the error as well as the order cancellation; at that point you will have the opportunity to reorder the product at the correct price.
Shipping and Handling/Title and Risk of Loss
Unless otherwise noted, product prices do not include shipping and handling, or delivery inside your residence. Not all delivery options may be available in all areas.
For products other than software, title will pass to you from Meridian Enterprises Corporation, Inc upon shipment from Meridian Enterprises Corporation, Inc. Title to software shall remain with the applicable licensor(s). Please note that you assume the risk of loss or damage to products in transit. Should any product damage or loss occur during transit, it is your responsibility therefore to file a claim with the carrier of your shipment.
Coupons and Promotions
During the ordering process, if you have a coupon or promotion code, please enter this code when prompted. Only one coupon per customer, unless otherwise specified in writing. Coupons are not valid in conjunction with any other coupon offer, promotion or prior purchases. Coupons and promotions are issued with expiration dates, or until inventory is depleted. Each coupon and promotion has different requirements and discounts and may have limits. Dollar-off coupons may have minimum purchase amounts. Percentage-off coupons may have maximum dollar values. All requirements must be met in order to receive your discount. Some coupons are valid only on certain products. Dollar-off or percentage-off coupons are applied to the merchandise subtotal before any shipping charges or taxes have been applied. If you cancel or return item(s), this may change or void coupon discounts applied to your order. This happens when the cancellation or return causes the merchandise subtotal (before any shipping charges or taxes have been applied) to fall below the minimum requirement. Coupons and promotions are not valid where prohibited by law.
Privacy Policy
At Meridian Enterprises Corporation, Inc, we make every effort to maximize and maintain your privacy and security. The Meridian Enterprises Corporation, Inc Privacy Policy also governs your use and purchase from Meridian Enterprises Corporation, Inc and is incorporated by reference into these Terms of Use.
Additionally, by using Meridian Enterprises Corporation, Inc, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to Meridian Enterprises Corporation, Inc may be read or intercepted by others, even if there is a special notice that a particular transmission (i.e., credit card information) is encrypted.
Accounts, Passwords and Security
Certain features or services offered on or through Meridian Enterprises Corporation, Inc may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for the activity of users utilizing your user name(s) and password(s), whether or not such transactions are in fact authorized by you. You agree to notify Meridian Enterprises Corporation, Inc immediately of any unauthorized use of your account or password, or any other breach of security.
You may not use anyone else's User ID, password or account at any time without the express permission and consent of the holder of that User ID, password or account. Meridian Enterprises Corporation, Inc cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites
Meridian Enterprises Corporation, Inc may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Meridian Enterprises Corporation, Inc's control, and Meridian Enterprises Corporation, Inc is not responsible for and does not endorse the content of such Linked Sites, including, but not limited to, any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Taxes and Fees
Prices do not include any sales, local or other similar taxes or fees. Taxes are collected and remitted as required by law on purchases made via Meridian Enterprises Corporation, Inc. Where applicable, taxes and fees will be shown on and added to your invoice. All such taxes shall be paid by you. If you are eligible for tax exempt status, please call 1-800-811-8022.
Governing Law/Waiver of Jury Trial
These Terms of Use and all purchases made hereunder shall be governed by and construed under the laws of the State of Missouri, without regard to conflict of laws rules. You agree to the personal jurisdiction by and venue in the state and federal courts in Missouri, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS OF USE OR YOUR ORDER.
Headings
The section headings used in these Terms of Use are for convenience or reference only and in no way shall form a part of these terms and conditions or expand, limit, define, or interpret the scope of this agreement or any provision hereof.
Waiver/Invalidity
Meridian Enterprises Corporation, Inc's waiver of any breach or right under these Terms of Use shall not be deemed a waiver of any other or subsequent breach or right. If any provision of these Terms of Use are found to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the original intent of the provision to the fullest extent permitted by law and the remaining provisions shall remain in full force and effect.
Trademark
The trademark "Meridian Enterprises Corporation, Inc" and any other product names, service names or logos of Meridian Enterprises Corporation, Inc used, quoted and/or referenced on this site are trademarks, registered trademarks, or service marks of Meridian Enterprises Corporation, Inc or any of its affiliates. Other product names, service names, logos and/or company names used on this site are the property of their respective holders and may be protected as their trademarks, registered trademarks, service marks and/or trade names.
Copyright
All of our material is copyrighted and unauthorized use of any portion of our materials is protected by all relevant copyright laws. These materials may not be copied, modified, published, transmitted, distributed or otherwise made available without our written permission.
Force Majeure
Meridian Enterprises Corporation, Inc shall in no way be liable for any delay or failure in its performance to the extent such delay or failure is caused or is a result of acts beyond the reasonable control of Meridian Enterprises Corporation, Inc, including, but not limited to, acts of God, fire, flood, earthquake, accident, riot, war, government intervention, terrorism, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Meridian Enterprises Corporation, Inc.
Disclaimer
Meridian Enterprises Corporation, Inc is not responsible for photographic, typographic or system errors.
These Terms of Use may be changed by Meridian Enterprises Corporation, Inc at any time and in its sole discretion and shall be effective immediately upon posting such changes on this site.
Effective April 1, 2009
