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Terms of Sale

Kinoma Online Store – Terms of Use and Sale
These Terms of Use and Sale (the “Agreement”) govern access and use of the Kinoma Online Store at kinoma.myshopify.com and other webpages that directly link to this Agreement (collectively, the “Site”), by you and any company or organization you represent (collectively, “You” or “Your”). The Kinoma Online Store is operated by Marvell Semiconductor, Inc. IF YOU ACCESS OR USE THE SITE, YOU ENTER INTO A BINDING CONTRACT UNDER THE LAWS OF CALIFORNIA BASED ON THIS AGREEMENT, WITH MARVELL SEMICONDUCTOR, INC. (“Marvell”, “We” or “Us”). If You do not want to agree to this Agreement, then You must leave the Site and cease any access or use activities.

Governing Law and Dispute Resolution

Disputes or claims relating to the Site or to this Agreement will be subject to the laws of the State of California, USA. All such disputes and claims will be resolved exclusively in the California Superior Court of Santa Clara County or the U.S. District Court for the Northern District of California sitting in San Jose, California.

Disclaimers and Limitations

Site Use Is “As Is” And At Your Own Risk. This Site is provided for use “as is.” We make no representations or warranties of any kind regarding the accuracy or completeness of information on the Site.
If You experience any dissatisfaction, defects, errors or problems with the Site, then You may leave the Site, as Your sole and exclusive remedy.

Our Limited Liability. Marvell will not be liable for any indirect, incidental, special or consequential damages, loss of data, loss of profits,  or any similar or other damages arising from the use of the Site. Marvell’s liability for direct damages relating to the Site will be limited to U.S. $50 in the aggregate. These limitations of liability will apply to any loss or damages, for any cause, and under any legal claim or theory, even if Marvell was advised of the possibility of such damages and regardless of whether any of the limited remedies hereunder fail of their essential purpose.

Access and Use

Property Rights. We own or license the server and software on which the Site is hosted. We own or license all photos, text, videos and other content displayed on the Site. We own or license all trademarks, logos and product names. We reserve Our right to exclude You from accessing or using any of these materials that We own or license, except as expressly permitted in this Agreement.   For example, We may prohibit Your access or use if You misappropriate or misuse these materials.

Limited License. We grant You a limited, revocable (at any time and at Our sole discretion), non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Site via general purpose Internet browser software for purposes of learning about or purchasing Kinoma products offered by Marvell – provided that You comply with this Agreement, and any limitations, conditions and/or promises in this Agreement. This license does not include, and We do not allow, deep-linking, spidering, crawling, adaptation, or reproduction of the Site or any portions of the Site.

Submissions. If You choose, at Your sole discretion, to submit any information or other materials to us, You grant Us a nonexclusive, royalty-free, perpetual, irrevocable, worldwide, unlimited (except as We expressly state in Our Privacy Policy or elsewhere on the Site) and fully transferable and sub-licensable right to copy, use, modify, sell and otherwise commercialize such materials. Do not submit any materials to the Site if You cannot comply with these conditions.
 

General Terms and Contact Information

Changes. We may change the content on this Site or this Agreement, at any time and at Our sole discretion, by publishing changes on the Site or otherwise notifying You. We will not apply changes to data that You submitted before We published or otherwise notified You of the changes, unless We obtain Your consent, by providing a notice with opt-out opportunity on the Site, via email or otherwise.

Severability. If any part of this Agreement is found to be invalid, illegal or unenforceable, all remaining terms and conditions of this Agreement will remain in full force and effect.

Entire Agreement. These Terms of Use and Sale and any additional terms that We may present to You as part of a purchase (e.g., on the “review your order” page or in any order confirmation) constitute the entire agreement between You and Marvell with regard to the subject matter hereof, and supersede any prior agreements or understandings.

Contact Information. This Site is operated by Marvell Semiconductor, Inc., at 5488 Marvell Lane, Santa Clara, CA, 95054; Email: sales@kinoma.com.

Purchase of Products

If You purchase products on this Site, then the following terms apply.

Acceptance of Orders and Shipping (U.S. Only). We only accept orders that originate from the U.S., and We will ship Our products only to addresses within the 48 states of the continental  U.S. We reserve the right to reject orders at Our sole discretion.

Price and Taxes. By submitting Your order on the Site, You agree to pay the purchase price for the product(s) You selected plus shipping and handling costs, and any applicable sales taxes. Shipping fees and sales taxes are calculated during checkout.

Payment. We accept payments using Visa, MasterCard, American Express or Discover. Personal checks, purchase orders and money orders are not acceptable forms of payment.

Delivery. We will deliver the product(s) You purchased to the destination You selected within the U.S. You receive title and You bear all risks of loss and damage to the products from the time We deliver the products to the carrier at Our warehouse.

Warranties. Marvell grants no warranties of any nature, directly or indirectly, express or implied, by statute or otherwise, regarding Our products, their fitness or suitability for any purpose, their quality, condition, merchantability or otherwise.

MARVELL HEREBY LIMITS TO THIRTY (30) DAYS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Return of Defective Products. If and to the extent You have rights under an implied warranty, then to exercise such rights with respect to a product with a manufacturing defect, send an e-mail to sales@kinoma.com with a proof of purchase in order to obtain an RMA number. Then You must send Us the defective product with the RMA number within thirty (30) days after shipment. The defective product should be sent to:


    Attn: Kinoma Store
    5488 Marvell Lane
    Santa Clara, CA 95054


If We determine that the product is defective, then We will replace the product or refund You the purchase cost. You will be responsible for all shipping costs. Except as specified here or as required by applicable law, We do not accept any cancellations or returns. If You have questions about Our returns policy, please email Us at sales@kinoma.com.

Last updated February 17, 2016.