Website Agreement

Audio Concepts offers this website to the user conditioned on the user's acceptance without modification of the terms, conditions, and notices contained in this agreement ("Agreement"). By accessing and using this website, the user is deemed to have agreed to all such terms, conditions, and notices.

1. COPYRIGHT AND TRADEMARK NOTICES

This website is for the personal, non-commercial use of users. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any information, software, products or services obtained from this website.

Names of Audio Concepts products and services referenced herein are trademarks of Audio Concepts. Other trademarks and company names mentioned herein belong to their respective owners.

2. WARRANTY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AUDIO CONCEPTS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEBSITE AT ANY TIME. AUDIO CONCEPTS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AUDIO CONCEPTS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

3. LIMITATION OF LIABILITY

IN NO EVENT SHALL AUDIO CONCEPTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AUDIO CONCEPTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4. SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this website ("Software") is the copyrighted work of Audio Concepts and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software unless the end user first agrees to the License Agreement terms accompanying or included in such Software or, if no terms are included, the terms of the following paragraph and this Agreement.

For any Software on this website not accompanied by a license agreement, the following shall constitute the License Agreement: Audio Concepts hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions, and for no other purpose. Please note that all Software, inc.luding without limitation all HTML code contained in this website, is owned by Audio Concepts and/or its suppliers and is protected by copyright and other applicable laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AUDIO CONCEPTS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

5. INDEMNITY

As a condition of use of this website, you, the end user, agree to indemnify Audio Concepts and its suppliers from and against any and all liabilities, expenses (inc.luding attorneys' fees) and damages arising out of claims resulting from your use of this website, inc.luding without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

6. MODIFICATION OF THESE TERMS AND CONDITIONS

Audio Concepts reserves the right to change this agreement at any time by revising the terms and conditions herein. Users are responsible for regularly reviewing these terms and conditions. Continued use of this website following any such changes shall constitute the user's acceptance of such changes.

7. GENERAL

This Agreement shall be governed by and construed in accordance with the laws of the United States of America. User consents to the exclusive jurisdiction and venue of courts in the US in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, inc.luding without limitation this paragraph. In any action to enforce this Agreement the prevailing party will be entitled to costs and reasonable attorneys' fees.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law inc.luding, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Audio Concepts's performance of this Agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation to Audio Concepts's right to comply with law enforcement requests or requirements relating to the user's use of this website or information provided to or gathered by Audio Concepts with respect to such user acknowledges that no joint venture, partnership, employment, or agency relationship exists between the user and Audio Concepts as a result of this agreement or use of this website. User agrees not to hold himself or herself out as a representative, agent, or employee of Audio Concepts shall not be liable for any representation, act or omission of the user.

This Agreement constitutes the entire agreement between the user and Audio Concepts with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Audio Concepts with respect to this website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The names of companies, products, people, characters and/or data mentioned herein are fictitious and are in no way intended to represent any real individual, company, product or event, unless otherwise noted.

Any rights not expressly granted herein are reserved.