Welcome to the Sound Clarity, Inc. (“Sound Clarity”) web site (the “Site”). Please take a moment to read the following terms and conditions (“Terms of Use”). Use of the Site and access to the materials and information it contains are subject to the following Terms of Use and all applicable laws and regulations. Your access to and use of this Site constitutes your full acceptance of the following Terms of Use:
This site is intended for access by residents of the united states only. By accessing and browsing this site, you acknowledge that you have read, understood and agree to be bound by these terms of use. If you do not agree to these terms of use, you may not use this site.
1. Permission to Use Site. The information and materials provided on this Site are solely for your personal use to assist you in evaluating and purchasing the products and services offered by Sound Clarity. You are authorized to make a reasonable number of copies of documents displayed on this Site solely for purposes of evaluating suitability of the products or services for your use or purchase, provided you do not modify the materials and information and that you retain all copyright and other proprietary notices contained on the materials and information. Other uses are not permitted unless you receive Sound Clarity’s prior written approval. Without limiting the generality of the foregoing, you may not distribute, modify, transmit, re-post or use the content of this Site for commercial purposes, including any data, text, images, without the prior written consent of Sound Clarity. You may only use the Site for legal purposes.
2. Privacy. Your use of this Site is subject to Sound Clarity’s Privacy Policy, which is incorporated herein by reference. Click here to view our Privacy Policy.
3. Terms of Sale. Purchases made on this Site are subject to Sound Clarity’s Terms and Conditions of Sale, Ordering Information, and Return Policy which are incorporated herein by reference. Click here to view our Terms and Conditions of Sale.
4. User Submissions. Your use of the interactive features of the Site are subject to reasonable limitations. You may not send material or information protected by intellectual property laws, rights of privacy or publicity, or any other applicable law or regulation unless you own or control the rights thereto or have received all necessary consents. The obligation of determining whether any such material or information is protected by intellectual property law rests with you. You may not upload files that contain a virus or any other program designed to interfere with the operation of the Site or computers linked to the Site. You may not post, distribute, disseminate or otherwise publish any indecent, defamatory, infringing, obscene or unlawful material or information on or through the Site. Any messages, advice, opinions or other information posted to interactive forums by third parties should not be viewed as endorsed or otherwise approved by Sound Clarity. Use of such information is at your own risk. Sound Clarity reserves the right, in its sole discretion, but does not assume any obligation, to immediately remove any materials from the Site.
5. Linking Policy. This Site contains links to third party sites, which are not under Sound Clarity’s control. These sites are not governed by these Terms of Use or Sound Clarity’s Privacy Policy. Sound Clarity disclaims all responsibility for the operation of such sites, including the information collection practices of such sites. Sound Clarity does not monitor or review the content of third party sites linked to this Site. You acknowledge that Sound Clarity is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. Linking to such sites is at your own risk.
6. Confidential Information. Except as may otherwise be provided in our Privacy Policy, any material, information or other communication you transmit to this Site, including any data, questions, comments, suggestions, reviews or the like (“Communications”) is, and will be treated as, non-confidential and non-proprietary. Sound Clarity is eager to receive your comments and answer your questions about our products and our company. However, in submitting Communications, you grant Sound Clarity and its affiliates full proprietary rights in any Communications that you send to the Site. You also grant Sound Clarity and its affiliates the right to use the name you submit with any Communications. You represent and warrant that you own or otherwise control all rights to any Communications. Furthermore, you agree that Sound Clarity is free to modify, make, use, sell, copy, distribute, display and otherwise exploit any ideas, intellectual property, concepts, know-how, or techniques contained in any Communications you send to the Site for any purpose whatsoever, including but not limited to developing and marketing products or services using such materials or information.
7. Proprietary Rights. © 2001 Sound Clarity, Inc. To the maximum extent permitted under law, all text, graphics, logos, images and other materials available on the Site are protected by U.S. copyright law, various international treaties and other applicable law. The copyright on such materials and information is held by Sound Clarity, its licensors or by the original creator of the materials or information. Use of these materials or information for any purposes other than the use granted herein is prohibited absent Sound Clarity’s prior written consent. All rights not expressly granted herein are reserved. Any unauthorized use of the materials or information appearing on the Site may violate copyright, trade identity and other applicable laws or regulations and could result in criminal or civil penalties. Sound Clarity disclaims any proprietary rights in copyrighted materials, information or trademarks belonging to others. Your use of the Site does not create any license or any other rights in Sound Clarity’s or any third party’s copyrights, trademarks or any other intellectual property or proprietary rights. All product names, logos, trademarks and service marks appearing on the Site are the property of Sound Clarity or other third parties. Sound Clarity is a trademark of Sound Clarity Inc. Nothing in these Terms of Use shall be construed to grant you any right or license in any of these names, logos, trademarks or service marks without the prior written consent of the owner.
8. Disclaimer of Warranty. All materials and information included in or available through the site are provided “as is” for your use without warranty of any kind, either express or implied. To the fullest extent permitted by law, sound clarity disclaims all warranties, either express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Sound clarity does not warrant that the content of the site is accurate, timely, reliable, correct or complete or that any defects or errors will be corrected. Sound clarity does not warrant that the site will be accessible at all times or in all geographic areas. Further, sound clarity does not warrant that this site or the materials and information made available through it are free from computer viruses, worms or other harmful effects. Your use of the site is solely at your own risk. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
9. Limitation of Liability. Under no circumstances shall sound clarity or its suppliers or resellers be liable for any direct, indirect, actual, special, incidental, consequential, or punitive damages including, but not limited to, damages attributable to any loss of data, loss of business, business interruption, loss of profits, or loss of use, arising out of the use or inability to use the materials or information on the site (or sites linked to the site), even if sound clarity has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in mail or operation or transmission, computer virus, communication line or internet service failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, strict liability, negligence, or under any other cause of action. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
10. Indemnification. You agree to indemnify and hold harmless Sound Clarity and its directors, officers, shareholders proprietors, employees, representatives and agents, affiliates and subsidiaries from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) arising from your use or inability to use the Site.
11. Termination of Services. Sound Clarity reserves the right, in its sole discretion, to discontinue the Site or to terminate your access to all or part of the Site, with or without notice. You agree that Sound Clarity, its suppliers, distributors and resellers shall not be liable to you in the event of such termination.
12. Errors & Omissions. Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Sound Clarity or its suppliers may also make improvements and/or changes in the products described in this information at any time without notice.
13. Revisions. Please check the Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
14. Entire Agreement. This agreement, together with the incorporated documents, constitutes the entire agreement between the parties relating to the Site and its use and supersedes any previous written or oral agreement or understanding of the parties hereto with respect to such subject matter.
If you do not agree to these terms of use in their entirety you may not continue to use this site.
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