DISCLAIMER
The FullLineAudio web site (the "Site") is an
online information service provided by FullLineAudio
("FullLineAudio "), subject to your compliance with the
terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE.
FullLineAudio MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site are protected
by international copyright and trademark laws. The owner
of the copyrights and trademarks are FullLineAudio, its
affilates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
You may print and download portions of material
from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the
materials.
You agree to grant to FullLineAudio a
non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and
other information (including, without limitation, ideas
contained therein for new or improved products and
services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by
e-mail to FullLineAudio by all means and in any media now
known or hereafter developed.
You also grant to FullLineAudio the right to
use your name in connection with the submitted materials
and other information as well as in connection with all
advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse
against FullLineAudio for any alleged or actual
infringement or misappropriation of any proprietary right
in your communications to FullLineAudio.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive
trademarks or servicemarks of FullLineAudio. Other
product and company names mentioned in the Site may be
the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information,
products or services clearly identified as being supplied
by FullLineAudio, FullLineAudiodoes not operate, control
or endorse any information, products or services on the
Internet in any way. Except for FullLineAudio- identified
information, products or services, all information,
products and services offered through the Site or on the
Internet generally are offered by third parties, that are
not affiliated with FullLineAudio a.
You also understand that FullLineAudio cannot
and does not guarantee or warrant that files available
for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties.
You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and
for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. FullLineAudio
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND FullLineAudio SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. FullLineAudio DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF
THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. FullLineAudio
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL FullLineAudio BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF FullLineAudio OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
FullLineAudio LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
FullLineAudio makes no representations
whatsoever about any other web site which you may access
through this one or which may link to this Site. When you
access a non-FullLineAudio web site, please understand
that it is independent from FullLineAudio, and that
FullLineAudio has no control over the content on that web
site. In addition, a link to a FullLineAudio web site
does not mean that FullLineAudio endorses or accepts any
responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify, defend and hold
harmless FullLineAudio, its officers, directors,
employees, agents, licensors, suppliers and any third
party information providers to the Service from and
against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of
FullLineAudio and its officers, directors, employees,
agents, licensors, suppliers, and any third party
information providers to the Service. Each of these
individuals or entities shall have the right to assert
and enforce those provisions directly against you on its
own behalf.
5.Term; Termination.
This Agreement may be terminated by either
party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of The United
States of America applicable to agreements made and to be
performed in The United States of America. You agree that
any legal action or proceeding between FullLineAudio and
you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America .
Any cause of action or claim you may have with respect to
the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or
cause of action is barred. FullLineAudio's failure to
insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. FullLineAudio
may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Any rights not expressly granted herein are
reserved.
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