Spearit Sound Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
TERMS AND CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING
OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Spearit Sound YOU
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting,
browsing, shopping, accessing or otherwise using the Site. These terms and conditions
are subject to change without prior notice at any time, in Spearit Sound's sole
discretion. By visiting, browsing, shopping, accessing or otherwise using the
Site after a change has been posted to the Site, the Customer accepts that change.
Customers should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal
contract between you and Spearit Sound (References to "you" or "your"
shall relate to a customer of Spearit Sound or other party that visits, browses,
shops, accesses or otherwise uses the Site (the "Customer"); references
to "Spearit Sound" shall relate to Spearit Sound and its affiliates.)
By visiting, browsing, shopping, accessing or otherwise using this site ("Site"),
you acknowledge that you have read, understood, and agree to be bound by this
User Agreement and comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If you do not agree
to this User Agreement, as it may be changed by Spearit Sound from time to time,
do not use this Site. The material provided on this Site is protected by law,
including, but not limited to, United States copyright law and international
treaties. This Site is controlled and operated by Spearit Sound from its offices
within the United States. Spearit Sound makes no representation that materials
in the Site are appropriate or available for use in other locations, and access
to them from territories where their contents are illegal is not authorized.
Those who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of the state of MA without regard to conflict
of law rules. You consent to jurisdiction of the federal and state courts located
in FRANKLIN County, MA to hear any such claims.
Access, Interference and Linking
Spearit Sound grants you a limited license to access and make personal use of
the Site and not to download (other than page caching) or modify it, or any
portion of it, except as provided below under "Use Restrictions,"
or with express written consent of Spearit Sound.
The following activity on the Site is expressly prohibited: Any non-personal
or commercial use of any robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content contained herein without
prior written permission by Spearit Sound; collection or use of any product
listings, descriptions, or prices, from the Site for the benefit of another
merchant that supplies products competitive with or comparable to those offered
on the Site; and, Any use of, visits to, or other action that imposes an unreasonable
or disproportionately large load on the Site, or otherwise interferes with its
proper and timely functioning.
Any unauthorized use terminates
the license granted by Spearit Sound.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of the Site so long as the link does not portray Spearit Sound,
its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Spearit Sound logo or other
proprietary graphic or trademark as part of the link without express written
permission.
Spearit Sound does not review or control third-party sites that link to or from
the Site, and is not responsible for the contents of any third-party sites linked
to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by Spearit Sound
or by the original creator of the material. Except as stated herein, none of
the material may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of Spearit Sound or the copyright owner.
Permission is granted to display, copy, distribute and download the materials
on this Site for personal, non-commercial use only, provided you do not modify
the materials and that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates automatically if you
breach any of these terms or conditions. Upon termination, you must immediately
destroy any downloaded or printed materials. You also may not, without Spearit Sound
's prior written permission, "mirror" any material contained on this
Site on any other server. Any unauthorized use of any material contained on
this Site may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers. Spearit Sound and
the Circle of Service logo are trademarks of Spearit Sound Copyright ©
2002 Spearit Sound.
Microsoft and the Passport Logo are either registered trademarks or trademarks
of Microsoft Corporation in the United States and/or other countries and are
used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Spearit Sound
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE,
OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Spearit Sound OR
A Spearit Sound AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
Arbitration
By accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with Spearit Sound, its service providers, agents, employees, successors, assigns,
affiliates, parents, subsidiaries and any content provider or offer or of goods
or services on this Site or through any other associated activity, that ANY
CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED
TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION
AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under
the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect
at the time the claim is filed. The Code is available at http://www.arbitration-forum.com
or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of
law provision included in this User Agreement, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the
New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§
201-208 or as codified in the jurisdiction where enforcement of the award is
sought). Hearings shall be held as provided by the Code and if any In-person
Hearing is required, it shall be held in Northampton, MA. Each party shall bear
its own cost of any legal representation, discovery, or research required to
complete arbitration.
Privacy
Please review our Privacy Notice, which also governs your visit to this Site.
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password.
If you are under 18, you may use the Site only with a parent or guardian. Spearit Sound
reserves the right to refuse service, terminate accounts, remove or edit content,
or cancel orders in its sole discretion.
Communications to Spearit Sound
Any communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like
is, and will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by Spearit Sound for any purpose, including but
not limited to reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, Spearit Sound is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to Spearit Sound
or the Site for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright
infringement, please contact:
Spearit Sound
351 Pleasant Street
Northampton MA, 01060
Phone: 413-584-9547
Fax: 413-585-5139
Email: jtozzi@spearitsound.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement,
please do not visit, browse, shop, access or otherwise use this Site.
Spearit Sound Terms and Conditions
of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT")
VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS
AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT
WITH Spearit Sound. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Spearit Sound.
The Customer accepts this Sale Agreement by making a purchase, placing an order,
or otherwise shopping on the Site. (References to "you" or "your"
shall relate to the Customer; references to "Spearit Sound" shall
relate to Spearit Sound and its affiliates.) The terms and conditions of this
Sale Agreement are subject to change without prior notice, except that the terms
and conditions posted on the Site at the time the Customer initially places
or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and
Spearit Sound relating to the purchase or sale of goods or services on the Site.
The Sale Agreement may only be modified or terminated with regard to goods or
services that have been purchased or sold on the Site in a writing signed by
Spearit Sound. Electronic records (including signatures), that are otherwise
valid, shall be accepted under the Sale Agreement. The Customer consents to
receiving electronic records, which may be provided via a web browser or e-mail
application connected to the Internet; consumers may withdraw consent to receiving
electronic records or have the record provided in non-electronic form by contacting
Spearit Sound at the address provided below.
In the event of any conflict between the terms and conditions stated on your
purchase order and this Sale Agreement or any terms and conditions on our invoice,
you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF MA, WITHOUT REGARD TO CONFLICTS OF
LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE
COURTS LOCATED IN FRANKLIN COUNTY, MA FOR PURPOSES OF ANY SUIT, ACTION
OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods
are paid for by the purchaser and at that time title passes to the purchaser.
Loss or damage that occurs during shipping by a carrier selected by Spearit Sound
is Spearit Sound's responsibility. Loss or damage that occurs during shipping
by a carrier selected by Customer is Customer's responsibility. Title to software
will remain with the applicable licensor(s).
Export Sales
If goods herein being purchased are being purchased for purposes of export,
the Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties
for exported goods may vary or even be null and void for goods exported outside
the United States. The Customer should inquire further regarding any questions.
Any and all liability is only for the products purchased.
General Legal Disclaimer
Spearit Sound HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Spearit Sound IN NO WAY AFFECTS
THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider.
Contact your local access provider for rates, terms and conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit
download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by Spearit Sound are third party products and are subject
to the warranties and representations of the applicable manufacturers, including
but not limited to Y2K compliance. Accordingly, Spearit Sound makes no representation
or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Spearit Sound
reserves the right to make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements and other
extenuating circumstances. High volume bids are welcome!
While Spearit Sound uses reasonable efforts to include accurate and up-to-date
information on the Site, Spearit Sound makes no warranties or representations
as to the Site's accuracy. Spearit Sound assumes no liability or responsibility
for any errors or omissions in the content on the Site.
Limitation of Liability
Spearit Sound WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY
PROVIDED HEREIN. Spearit Sound WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT
BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES,
Spearit Sound IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale
Agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are
not signatories to this Sale Agreement), Spearit Sound's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim
is filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision
included in this Sale Agreement, this arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention
on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as
codified in the jurisdiction where enforcement of the award is sought). Hearings
shall be held as provided by the Code and if any In-person Hearing is required,
it shall be held in Northampton, MA. Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Spearit Sound until accepted by Spearit Sound. Terms
of payment are within Spearit Sound's sole discretion. Invoices are due and
payable within the time period noted on the invoice, measured from the date
of the invoice. Spearit Sound may invoice parts of an order separately. Customer
agrees to pay interest on all past-due sums at the highest rate allowed by law.
The Customer is responsible for sales and all other taxes associated with the
order.
Freight Policy
Shipping and handling charges on all orders vary; contact your Spearit Sound
account manager for our most current and competitive rates, options and shipping
specials. For the Customer's protection, we ship only to the verified billing
address of the Customer's credit card. In some circumstances, international
shipping may be available. Call for details.
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