General Terms and Conditions

This Web site ("the Site") is owned and maintained by Ponica Industries Corp. (Ponica). By accessing or using this Site, you unconditionally agree to be bound by all of the terms, conditions, and notices contained in this Site Use Agreement. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also be posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. These general terms and conditions in this Agreement, together with such additional terms and conditions where applicable, are referred to as "this Agreement."

By using the Site, you express your understanding and agreement that you are bound by these general terms and conditions. By using areas of the Site on which other terms and conditions are posted, you express your understanding and agreement that you are bound by those terms and conditions as well. If you are unwilling to be bound by these general terms and conditions, do not use the Site. If you are unwilling to be bound by terms and conditions applicable to particular areas of the Site, do not use those areas.

By using the Site, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations, including export and re-export control laws and any applicable local laws. Accessing or using any portion or feature of the Site from any territory where such portion or feature of the Site is illegal is prohibited.

Ponica reserves the right to revise this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. By continuing to use the Site after such revisions are made, you express your understanding and agreement to such revised terms.

Ponica Intellectual Property

The Site and all of its content (including but not limited to all text, images, and software) are the property of Ponica or its licensors and are protected by United States and international copyright, trademark and other laws. Ponica reserves all intellectual property rights not expressly granted under this Agreement.

Disclaimers

The material and information on the Site may contain technical, typographical, or other errors or inaccuracies (including errors, inaccuracies or omissions relating to product or service descriptions, pricing, or availability) and may not be complete or current. PONICA DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT. Ponica may change any material or information on the Site at any time without prior notice, but Ponica does not make any commitment to update material or information on the Site.

PONICA MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE, LAWFUL, OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS.

Ponica has not reviewed all of the sites to which links appear on the Site and is not responsible for their contents. The inclusion of any such link on the Site does not imply endorsement by Ponica of any linked site, the use of which is at the user's own risk.

Warranty Disclaimer

WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF ITS CONTENT ARE MADE AVAILABLE BY PONICA "AS IS," WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY, AND PERFORMANCE OF THE SITE AND ITS CONTENT AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME. IMATION DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY PONICA WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations of Liability

PONICA ASSUMES NO LIABILITY FOR LOSS OR DAMAGE HOWSOEVER RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENT. IN NO EVENT WILL PONICA BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENT, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF PONICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PONICA UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENT SHALL NOT EXCEED TEN US DOLLARS (US$10.00).

Applicable Law and Dispute Resolution

Ponica maintains and operates the Site from its facilities in California in the United States of America. Use of the Site and its contents, all transactions arising from use of the Site, and this Agreement, shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the United States of America and the state of California, without giving effect to any principles of conflict of laws. Any dispute between Ponica and any user of the Site will be venued in a state or federal court situated within the state of California, and the user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

General

Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. Any section headings or titles in this Agreement are inserted for convenience only and shall have no other meaning.

This Agreement, sets forth the entire agreement and understanding between Ponica and the user of the Site regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.

Copyright and Trademark

All Site content is Copyright © 2001, 2002 Ponica Industries Corp. All rights reserved. Note that any product, process, or technology described in the Site content may be the subject of other Intellectual Property rights reserved by Ponica, and are not licensed hereunder. User may not distribute, modify, copy, reproduce, publish, license, create derivative works of, transfer, or sell any Site content, except for the user's personal, non-commercial use. Except under express written license from Ponica, Site content may not be used on any other Web site. Ponica, the Ponica logo, EastPack, SmarTray, and DigiTray are all registered trademarks of Ponica Industries Corp., Corona, California. All other marks are property of their respective owners.