AccountTerms and Conditions
Terms and Conditions of Use (TCUS)
The following are the rules that govern use of the MemoryClearance.com web site and the products and services that we may offer, including without limitation product directory, product listings, links to other web sites. By using Memory Clearance.com, you agree to be bound by these Terms and Conditions of Use Statements (the "TCUS"), included but not limited to the Privacy Policy and other usage guidelines and rules that may be posted from time to time, all of which are incorporated herein by reference, and to follow the TCUS and all applicable laws and regulations governing the Site. If you do not agree to, do not enter or use the Site.
MemoryClearance.com may update the TCUS periodically. It is your responsibility to check this page from time to time for changes and updates to the TCUS. Your use of the Site following any posted change(s) to the TCUS will be deemed an acceptance of all change(s).
Individuals who are thirteen and under are strictly and expressly prohibited from posting any personally identifiable information about themselves. This Site is not intended for use by persons who are thirteen and under.
Site Access Rights and License.
MemoryClearance.com hereby grants you a non-exclusive right and license to browse and access the Site for personal, noncommercial purposes other than to purchase items for your own use or resale through the Site. This license does not in any way include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product data listings, titles, descriptions or prices other than as expressly authorized herein; your use of this site may not involve any derivative use of the Site or its Contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any use of the Site deemed unauthorized shall immediately result in the termination of the license and rights granted by the Company, and may subject you to civil and/or criminal prosecution. You are being granted a limited, revocable, and nonexclusive right to create hyperlinks to any page of the Site as long as the link does not display the Site, the Company, its affiliates, subsidiaries, Licensors, co-brand partners and other partners or its or its respective products and services in a false, misleading, derogatory, or otherwise offensive or damaging manner. You may not use any Memory Clearance Licensor, affiliate, subsidiary, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the site without first obtaining the express and written consent of the Company, the subsidiary, affiliate, co-brand partner or other partner or Licensor.
Product Listings and Content
Memory Clearance strives for accuracy in all its item description, photographs, compatibility references, titles, descriptions, pricing, links, and other product related information contained on the Site. The Company doesnot guarantee and doesnot warrant that the product titles, descriptions, pricing, editorial comments or any other content on the Site, regardless of source, is accurate, reliable, complete, current, up-to-date or error free. The content on the Site that is provided is for informational purposes only and does not constitute an endorsement by the Company of any product, service, manufacturer, reseller or any other entity. The Company does not in any way assume any responsibility or liability for product content, title, description, specification or pricing errors, inaccuracy, or incompleteness. In the event a product or service listed on the Site has incorrect information or incorrect pricing due to some typographical, informational, technical or other error, the Company shall at its sole discretion have the right to refuse and/or cancel any order of said product or service and immediately amend, correct and/or remove the inaccurate information.
Links to Other Sites and Other Businesses
To assist users in their buying decisions the Site have posted links to other sites of manufacturers, third-party blogs sites, product review sites, affiliated companies, partner sites, and other parties. These links are provided solely as a convenience to you and do not in any way constitute an endorsement by the Company of the content of the third-party sites nor of the business practices of other businesses, entities or individuals. The Company assumes no responsibilities towards examining or evaluating such content or businesses and does not in any way warrant or claim responsibility of the products, services, offerings, or business practices of any of these businesses entities or individuals or the content on their website(s). It is your responsibility to review their terms and conditions and privacy statements and other conditions of use.
The Company possess no control over the (hyperlinked) businesses, their business practices nor does it control in any way the quality, safety, legality of items listed on the hyperlinked websites nor does it have control over any business transactions on these hyperlinked websites.
IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND ANY HYPERLINKED WEBSITE THROUGHMEMORY CLEARANCE.com TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HOLD HARMLESS AND RELEASE MEMORY CLEARANCE, LLC (THE "COMPANY") ITS AFFILIATES, ITS SUBIDIARIES, PARTNERS, OR OTHER THIRD-PARTY UNDER CONTRACT WITH THE COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTE.
If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542 which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if know by him must have materially affected his settlement with the debtor".
Trademarks
The Memory Clearance trademarks, service marks, logos, graphics (the "Trademarks") that appear on Memory Clearance Internet Site are registered trademarks of Memory Clearance, LLC. Any use of or linking to Memory Clearance Trademarks, or to Memory Clearance Site(s) must comply with the terms and conditions as stated in the Terms and Condition of Use Statement (TCUS). You may not purchase the Memory Clearance name, trademark, language syntax, create any derivatives of it, to purchase keywords to re-direct traffic to competing business.
Order Acknowledgement
When you receive any communication from the Site acknowledging your order, this order acknowledgement is not a contract and does not constitute an acceptance of your order, but only a record of your offer to purchase a particular item at a particular price. After you place an order, Memory Clearance will determine whether or not to fulfill the order. Memory Clearance may refuse or limit the order for any reason. By placing an order, you agree to accept all terms and conditions set forth anywhere on the Site, including Memory Clearance terms and conditions of sale. Memory Clearance, reserves the right to accept, refuse, or limit your order for any reason, including but not limited to, credit review, the unavailability of a product or errors in prices and product descriptions posted on the Site. By placing your order, you agree that Memory Clearance'' total liability, under any legal theory or claim, shall be limited to the purchase price actually paid to Memory Clearance for the product giving rise to Memory Clearance liability excluding shipping and handling costs which always remain non-refundable.
Prices
All prices quoted on the Site are in US Dollars. All prices are exclusive of taxes, duties, custom clearing or forwarding charges for international orders, freight and handling charges. Sales tax is applicable on all products sold to California customer. If you are a California reseller, please provide us with a valid resale tax exemption certificate by which we will not charge you California Sales Tax.
Delivery Issues
Shipment of all product shall be FOB Memory Clearance warehouse, unless otherwise indicated. In the event of damage, delay or loss due to the mishandling in transportation, customer shall deal directly with the common freight carrier. Customer can instruct the company at the time of order placement with shipping instruction. If no specific instructions are given, the company will select the most reasonable shipping method to ensure best possible delivery to the customer. Memory Clearance under no circumstances will be liable for delay or damage for any freight related issues. In the event of shipment delay due to the cause of customer, Memory Clearance will store all products ordered at customer's risk and expense.
Risk of Loss
Any risk of loss or damage to products shall be passed to the customer, customer's agent, freight carrier at FOB point.
Order Cancellation
Orders accepted by Memory Clearance are NOT subject to change or cancellation by customer without a written consent of Memory Clearance. A minimum handling fee of the greater of $25 or of fifteen percent (15%) may apply to orders changed or cancelled. To change or cancel and order you must email us at cancel@memoryclearance.com. In the event of significant backorder status of an order or non-availability of product Memory Clearance at its own option may void or cancel an order.
When placing orders on our website please be aware and understand that not every item will be available or in stock. Based on the availability of each item, Memory Clearance will cancel orders if the item is not available or in stock. We apologize for any inconvenience this may cause. If Memory Clearance no longer carries an item that is sent in for replacement, or if that item is simply out of stock, the item will be sent to our RMA Department. You will be offered two options:
1) Memory Clearance can send you a comparable replacement item, or
2) Memory Clearance will issue a refund at the current market value of the product. A current-market-value refund may not exceed the original invoice price.
Jurisdiction and Venue
Should legal action commence to interpret or enforce the terms of this Agreement, jurisdiction and venue shall be in the Municipal or Superior Courts of the County of Orange, State of California, and/or in the United States District Court, Central District of California, or elsewhere upon mutual agreement of all parties.
Governing Law
All questions with respect to the construction of this Agreement, and the rights and liabilities of the parties hereunder, shall be determined in accordance with the applicable provisions of the law of the State of California, without giving effect to the choice of law principles.
Attorney's Fees
If any legal action or any arbitration or other proceedings are brought for the interpretation or enforcement of this Agreement, or the rights of the parties with regard to this Agreement, and/or any related agreement, or because of an alleged dispute, breach, or default, the successful or prevailing party shall be entitled to recover its reasonable attorney's fees and expenses, and any costs associated with any enforcement proceedings.
Dropship Requests for Product by Customers
In the event where customer requests Memory Clearance to ship product to a third party, both the customer and the final recipient third party will be bound by the terms of this Agreement.
Conflicting Terms
All orders accepted by Memory Clearance shall be subject to the TCUS. Any terms and conditions presented in orders placed by customer, which are in conflict with the TCUS then in effect, shall be inapplicable without the written approval of Memory Clearance.
Confirmation
Customers use of the Site, will constitute receipt of TCUS contained herein. Without prompt written objection thereto, or an acceptance of any of the products covered by customer's order that is hereby confirmed, shall constitute an acceptance of all terms and conditions set forth on the Site
Purchase Money Security Interest
Upon delivery and acceptance by the customer, as the security for the due and punctual payment of all sums due thereunder or under any purchase order from the customer to Memory Clearance, customer hereby grants to Memory Clearance a Continuing Purchase Money Security Interest in all products and any proceeds thereof in which the customer now has or thereafter has any right title, or interest. Customer shall join with Memory Clearance at Memory Clearance” request, from time to time in executing financing statement, amendments thereto and continuation statements, and pay the cost of the filing of the same whenever Memory Clearance deems desirable, and execute and deliver to Memory Clearance all documents and instruments, and do such other acts and things Memory Clearance may reasonably request in order to effectuate fully the purpose of this grant of security interest. In the event of the purchaser is in default under the security agreement provided herein, the Company shall have all rights and remedies provided by law.
Patents
Memory Clearance makes no representation whatsoever regarding any intellectual property rights it may or may not have in any product or service listed for sale on the Site.