Terms and Conditions of Use
The Soundwave Direct website at www.soundwavedirect.com
(the "Site") is a copyrighted work belonging to Soundwave
Direct. Soundwave Direct grants you the right to use the Site subject to
the terms and conditions of use ("Terms of Use") set forth
below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE,
OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS
SITE.
License
Subject to these Terms of Use, Soundwave Direct grants
you a limited, royalty-free license to view the materials contained on
the Site (the "Materials") and make such copies only as may be
incidentally created during your exercise of the foregoing through the
normal operation of a commercially available web browser and a gateway
cache and proxy obtaining the Materials from the Soundwave Direct server.
You are not granted any right to use Soundwave Direct trademarks, logos,
trade dress (including without limitation the layout of the Site) or
other marks, and all such items shall remain the exclusive property of
Soundwave Direct.
Modification
Soundwave Direct reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the
Site or any part thereof with or without notice. You agree that Soundwave
Direct will not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Site.
Secured Areas
Your use of any areas of the Site secured by a user
name/login screen ("Secured Areas"), including but not limited
to purchases of products from the Site, is governed by the terms and
conditions of a separate agreement. You are granted no rights or licenses
to use the Secured Areas under this Agreement.
Mailings
By submitting your name, email address, and any other
personal information to Soundwave Direct, you hereby grant Soundwave
Direct, subject to the Soundwave Direct's Privacy Policy a royalty-free
license to use and disclose this information, including but not limited
to using and disclosing such information in connection with periodic
mailings to you about Soundwave Direct products, services, and news
("Mailings"). The terms and conditions of this Agreement shall
apply to all such Mailings.
Submissions
All remarks, suggestions, ideas, graphics, data, personal
information, resumés, questions or other information communicated
to Soundwave Direct through the Site, by facsimile or through the mail
(electronic or otherwise) (a "Submission") will forever be the
property of Soundwave Direct. Unless otherwise specified in our Privacy
Policy, Soundwave Direct will not treat any Submission as confidential or
proprietary and will not be liable for the use of any ideas for its
business (including, without limitation, service or promotion ideas) and
will not incur any liability as a result of any similarities that may
appear in future Soundwave Direct services or operations. Without
limitation, Soundwave Direct will have exclusive ownership of all present
and future existing rights to the Submission for any commercial or other
purpose whatsoever, without compensation to you or any other person
sending the Submission. You acknowledge that you are responsible for
whatever material you submit, and you, not Soundwave Direct, have full
responsibility for the Submission, including its legality, reliability,
appropriateness, originality, and copyright.
Site Use Rules
Our Site may only be used for lawful purposes. Soundwave
Direct specifically prohibits any use of our Site, and all users agree
not to use our Site, for any of the following:
1. Posting any incomplete, false or inaccurate
information or information which is not your own accurate
information;
2. Posting of any material that defames, harasses,
threatens, embarrasses, or abuses others; is racially or ethically
offensive; or is obscene, abusive, hateful, pornographic, vulgar, or
harmful to anyone, but especially to children;
3. Deleting or revising any material posted by any other
person or entity;
4. If you have a password allowing access to a non-public
area of our Site, disclosing to or sharing your password with any third
parties or using your password for any unauthorized purpose;
5. Harming minors in any way;
6. Impersonating any person or entity or falsely stating
or otherwise misrepresenting your affiliation with a person or entity;
or
7. Aggregating, copying or duplicating in any manner any
of the materials or information available from our Site.
We do not knowingly collect identifiable information from
anyone under thirteen years of age.
Registration and Passwords
If you register on our Site, you agree to provide
accurate and complete information about yourself and to maintain and
update such information so it remains accurate and complete following
registration. Failure to provide accurate and complete information or to
update such information shall be adequate grounds for us to either
suspend or terminate your account.
Upon completing the registration process, you will
receive a password and user name. You are responsible for maintaining the
confidentiality of your password and user name and are responsible for
any activities that occur under your password and user name.
Accuracy of Content and Pricing
Information
Because prices, product descriptions and availability can
change quickly, Soundwave Direct does not warrant the accuracy or
completeness of the information provided on the Site. Also, Soundwave
Direct may make changes to the information contained herein, including to
the products and prices described in the site, at any time, without prior
notice to you (including after you have submitted your order).
Information at this Site is periodically updated, but it may not be
current or complete at the moment you visit this Site and may contain
errors or inaccuracies. In no event shall Soundwave Direct or its service
or product providers be liable to you in any manner whatsoever for any
decision made by you, or for any act or failure to act by you, in
reliance upon information provided at this Site. If a product you
purchase does not match the description on the Site, as your sole and
exclusive remedy you may return the product, unused, to Soundwave Direct
and receive a refund of your purchase price.
Items in your shopping cart will reflect the most recent
price displayed on the item's product detail page. Prices are frequently
updated to adjust for different sales, limited pricing, and other
discounting. Therefore, prices on the product detail page and in your
cart may change after such updates to reflect the current prices. Placing
items in your cart does not reserve the current prices shown at that
time, and prices are reserved only by placing an order. From time to
time, despite our efforts, a small number of the items on our website may
be mispriced. Please note that such errors or inaccuracies may be related
to product descriptions, pricing and availability. In the event of a
pricing error, Soundwave Direct will take one of the following options:
(1) If an item's correct price is lower than our stated price, we will
charge the lower amount and ship you the item; or (2) if an item's
correct price is higher than our stated price, we will, at our
discretion, either contact you for instructions before shipping or cancel
your order and notify you of such cancellation. We apologize for any
inconvenience. If you are not satisfied with your purchase due to any
errors or inaccuracies, you may return it in accordance with our return
procedure. Discounts are limited-time offers and are not valid with other
offers.
Limited Quantities
Some products, including those identified as Hot Buys,
Closeouts, Specials, and Limited Quantity items may be limited to stock
on hand and are offered on a first come, first served basis.
Disclaimer of Warranties
THE INFORMATION ON THE SITE IS PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING,
SOUNDWAVE DIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT
LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the
exclusion of implied warranties, in which case any implied warranties
shall be limited to the minimum scope and period permitted by
law.
Limitation of Liability
IN NO EVENT SHALL SOUNDWAVE DIRECT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR
PROFITS, WHETHER OR NOT SOUNDWAVE DIRECT HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. SOUNDWAVE DIRECT
TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS
AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL
NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Copyright
The Site and the Materials are copyrighted works of
Soundwave Direct and/or its suppliers. Neither the Site nor the Materials
may be reproduced, displayed, modified or adapted, distributed or
transmitted in any form by any means (including, but not limited to,
electronic duplication or transmission) without the prior written
permission of Soundwave Direct.
Trademarks
Soundwave Direct, soundwavedirect.com,
soundwaveproductions.com, are trademarks and/or registered trademarks of
Soundwave Productions. All other product names mentioned herein are the
trademarks of Their respective owners.
THESE ONLINE PUBLICATIONS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THIS PUBLICATION MAY INCLUDE TECHNICAL INACCURACIES AND
TYPOGRAPHICAL ERRORS. CHANGES ARE CONSTANTLY ADDED TO THE INFORMATION
HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE
PUBLICATION. SOUNDWAVE DIRECT, SOUNDWAVEDIRECT.COM,
SOUNDWAVEPRODUCTIONS.COM, MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) DESCRIBED ON THESE WEBSITES AT ANY TIME.
For further information on Intellectual Property matters
contact Soundwave Direct, at 920 East 124th Ave., Suite #C Tampa, FL
33612. For questions or technical problems regarding this service, please
contact the webmaster.
soundwavedirect.com, soundwaveproductions.com are brought
to you by Soundwave Productions.
Amendment
Soundwave Direct, soundwavedirect.com,
soundwaveproductions.com may at any time revise these Terms of Use by
updating this posting. By using this Site, you agree to be bound by any
such revisions, and you should periodically visit this page of the Site
to examine the then-current Terms of Use by which you are bound. Certain
provisions of these Terms of Use may be superseded by expressly
designated legal notices or terms located on particular pages of this
Site.
Notice
If you have any questions about these Terms of Use or our
Privacy Policy, you may contact Soundwave Direct, soundwavedirect.com,
:
Soundwave Direct
920 East 124th Ave.
Suite #C Tampa, FL 33612
General
If any provision of these Terms of Use is held by a court
of competent jurisdiction to be unenforceable for any reason, the
remaining provisions hereof shall be unaffected and remain in full force
and effect. These Terms of Use shall for all purposes be governed by and
interpreted in accordance with the laws of the State of Florida as those
laws are applied to contracts entered into and to be performed entirely
in Florida, without regard to conflicts of law provisions. Any suit or
proceeding arising out of or relating to these Terms of Use shall be
commenced exclusively in state or federal court in Hillsborough County,
Florida, and you irrevocably submit to the exclusive jurisdiction and
venue of such courts.
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