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Terms of use

 

Website Terms of Use

KBSound, Inc. (“KBSound”) is pleased to offer this website (the “Website”) for the benefit of our customers and the general public. We, however, provide this Website and the products and services identified in the Website (collectively the “Products”) to you (“you,” “your,” or the “User”), subject to compliance with the terms and conditions that follow.

KBSound may have other operating rules and policies, including its Privacy Policy, terms and conditions for sales, and return policies and procedures relating to the Web site and the Products generally, which User is encouraged to review. 

As set forth in these Terms of Use, You are entering into a legally enforceable agreement with KBSound. So please read these Terms carefully and make sure you understand them.

Use of Website

The KBSound Website and Products found on the site are provided to users of the KBSound Web site in order to provide information. As a condition to your use of the KBSound Web site and KBSound’s services you agree that you will not:

  • Use the KBSound Web site or KBSound services to infringe the intellectual property rights of others in any way;
  • Use the KBSound Web site or KBSound services or make any attempt to penetrate, modify or manipulate the KBSound Web site or KBSound Products or any of KBSound’s hardware or software in order to: invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any KBSound account holder or user, or modify, erase or damage any information contained on the computer of any user connected to the KBSound Products; or
  • Reverse engineer any portion of the KBSound Products. 

 

Your use of the Web site confirms your understanding and unconditional acceptance of the Terms of Use. If you do not accept these Terms of Use, please do not use this Website. But you are encouraged to contact KBSound and explain your concern. To the extent possible, we will work with you to answer your questions and address your concerns consistent with the Terms of Use.

As explained below, KBSound may, at its discretion, disable or terminate a User’s account if it suspects the User has violated these Terms of Use. Please take these rules seriously.

Instructional Information

To the extent KBSound provides instructions on how to use or take advantage of any feature of the Website or Products, you are under no obligation to use or take advantage of that feature. The instructions KBSound provides are intended solely to inform you how to take advantage of any such feature or Product if you, in your sole discretion, ultimately decide to do so. Further, the information, views, explanations, and any instructions discussed on the Website are for informational and educational purposes only. You understand and agree that you alone must bear the sole responsibility of evaluating the merits, benefits, and risks, if any, associated with the use of any content found on the Website before making any decisions based on such content. Nothing provided on this Website intended to be a substitute for competent advice from any builder, electrician, or similar tradesman.

Mistaken Information

KBSound makes every effort to ensure that the information on its Website is accurate, complete, and current. Despite our efforts, there may be instances when information about a Product contains inaccurate or incomplete data, including data about the Product's price or availability. KBSound makes no warranty or guarantee that the information on the Website is error-free, complete, or current. We reserve the right to correct errors and/or update the content on the Website at any time without notice. KBSound also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. If product is marked "in stock" and not available, you will be immediately notified.

Order Policy

User’s placement of an order, including all warranties and returns, is subject to the terms and conditions of KBSound’s Invoice.

Further, User’s placement of an order or receipt of an electronic order confirmation does not signify our acceptance of your order. It also does no constitute confirmation of our offer to sell. Instead, KBSound reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Digital Millennium Copyright Act (DMCA) Notice

If you believe any material on the Website, either posted by KBSound, our users or any other party, is infringing, please contact KBSound at the address below. Pursuant to the Digital Millennium Copyright Act, KBSound has a designated agent to receive copyright infringement claims.

The agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) is:

Jason Shinn, Attorney E-Business Counsel, PLC www.ebusinesscounsel.com 4301 Orchard Lake, Rd. Suite 180, No. 188 West Bloomfield, MI 48323 P: 248-850-2290 F: 248-850-2212

KBSound’s policies with regard to copyright are stated in these Terms of Use. The Digital Millennium Copyright Act requires (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements) that all infringement claims must be in writing and must include the following information:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit KBSound  to locate the material;
  • Your contact information, including your address, telephone number, and email;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 Children's Online Privacy Protection Act (COPPA)

In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any Personally Identifiable Information (PII) from children under 13 years of age, unless we believe such collection to be permitted by law. KBSound’s Website audience is intended to be over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact our attorneys at www.ebusinesscounsel.com. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.

Your Representations, Warranties and Indemnities.

With respect to accessing our site and as to all Submitted Content submitted by you, you agree to warrant and represent as follows:

Review, Understanding and Acceptance of the Terms of Use

You agree, represent, and warrant:

  • You have read these Terms of Use and that you have no remaining questions, uncertainties, or concerns about these Terms of Conditions and their application to you and, therefore, you fully understand and agree to comply with all rules and obligations under these Terms of Use. 
  • You are an adult and at least 18 years of age, or that you have attained the age of majority under the laws of your state, province or country, and are capable of lawfully entering into and executing the Terms of Use.
  • You have the power and authority to enter into and perform all obligations under this agreement. 
  • You will indemnify and hold harmless KBSound, and its parent companies, subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees (individually and collectively referred to as “KBSound”), from and against all claims, losses, costs, damages, liabilities and costs and expenses (including actionable attorneys' fees and costs) that arise in any way from any breach of your agreements, obligations, representations or warranties set forth in the Terms of Use or arising out of or in connection with Your use of the Website, Your connection to the Website, and Your violation of these Terms of Use. KBSound may choose to participate or assist in the defense of any such action at its sole discretion. Any settlement intended to bind or otherwise affect the rights and interests of KBSound will not be final without KBSound’s written consent.
  • If any judgment or damages are awarded against KBSound arising out of or related in any way to your violation of these Terms of Use, you expressly agree to pay all such damages in addition to any lost profits, statutory damages, and consequential damages.

 Privacy Policies and Procedures

Please click for KBSound’s Privacy Policy and Procedures (“Privacy Policy”). The Privacy Policy is expressly and fully incorporated into these Terms of Use. It is, therefore, important for you to review and understand KBSound’s Privacy Policy.

Miscellaneous Legal Provisions

  • Complete Agreement: These Terms of Use constitute the entire agreement between you and KBSound with respect to the use of this Website. Your use of this Website may also be subject to KBSound’s purchase order. If there is a conflict between these Terms of Use and a purchase order, the Terms of Use control. 
  • Binding Upon Your Successors: These Terms of Use and their performance will be binding on you and your heirs, administrators, successors and assigns.
  • Colors / Product Descriptions: KBSound makes all reasonable efforts to accurately display the attributes of products, including the applicable colors, appearance, and specifications (collectively “Product Attributes”). The Product Attributes, however, may depend on your computer system and we cannot guarantee that your computer will accurately display Product Attributes.
  • Assignability: These Terms of Use, including the License, in whole or in part, may be freely assigned by KBSound. User, however, may not assign any portion of these Terms of Use, including the License, without the prior written approval of KBSound.
  • Shipping Limitations: When an order is placed, it will be shipping to an address designated by the user as long as that shipping address is compliant with applicable shipping restrictions. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
  • Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on this Web Website are registered and unregistered trademarks, trade names and service marks of KBSound. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Website without the written permission of KBSound or such other owner.
  • Copyrights: All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KBSound or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of KBSound and protected by U.S.  and international copyright laws. All software used on this KBSound Website is the property of KBSound or its licensors and protected by United States and international copyright laws. You are only authorized to visit, view and retain a single copy of pages of the KBSound Website solely for your own individual, noncommercial use, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the KBSound Website for any purpose other than for your own individual, noncommercial use unless otherwise specifically authorized by KBSound.  We post legal notices and various credits on pages of the KBSound Website and KBSound services, which may not be removed even in your permitted copy. Accordingly, you agree not to remove these notices or credits, or any additional information contained along with the notices and credits.
  • Equitable Relief: You irrevocably waive any right to seek injunctive or equitable relief.
  • No Waiver: Any delay or failure on the part of KBSound to exercise or enforce any rights under these Terms of Use to which it may be entitled will not, under any circumstances, be construed as a waiver of the right and privilege to do so at any subsequent time.
  • Modification: The Terms of Use cannot be amended, modified, or supplemented in any respect except in writing by KBSound. KBSound may modify these Terms of Use at any time and such modifications will be effective immediately upon posting of the modified Terms of Use and your continued use of the Website means that you have agreed to accept any changes or modifications made by KBSound. You should periodically visit this page to review the most recent Terms of Use.
  • Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Website or these Terms of Use must be filed in a court of applicable jurisdiction within six months after such claim or cause of action arose or be forever barred. If a Court of competent jurisdiction determines this six months statute of limitations in not enforceable, then the shortest available statute of limitations will apply to User’s claim. 
  • Warranty Disclaimer: KBSound expressly disclaims all warranties of any kind, whether express or implied with respect to this Website and any content provided on the site. This disclaimer includes without limitation and by way of example only, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Except as such disclaimer may be limited by applicable law or as otherwise set forth in these Terms of Use, KBSound makes no warranty through this Website with respect to any information or other material obtained by you through the Website will meet your expectations. No advice or information, whether oral or written, obtained by you from KBSound or its Website will create any warranty not expressly stated in these Terms of Use. Any product purchased through the Website is done so at your own discretion and risk. Under no circumstances will KBSound be liable for any unauthorized use of the Website.
  • Limitation of Liability: To the extent legally permitted under applicable law, User agrees that under no circumstances will KBSound, its subsidiaries, affiliates, directors, employees, independent contractors, agents or any other party designated by KBSound in connection with its business operations be liable, without limitation to User for any indirect, incidental, special, consequential, or exemplary damages. By way of example only, this includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. If for any reason this provision is prohibited or limited then, instead of this limitation of liability provision, you agree that KBSound will be entitled to the maximum disclaimer, limitation, or both on damages and liability available at law and equity. You agree that this limitation of liability release is made with the knowing intent of releasing all known and unknown claims in future claims and with the intent of waiving all rights under applicable statutes requiring such waivers to be knowingly made. The limitation of liability in the Terms of Use apply to all liabilities in the aggregate, including those resulting from your use or inability to use the Website or any other part of the Services, or any other matter arising from or relating to the Website. If you reside in California, User expressly and knowingly waives California Civil Code § 1542, which provides that a “general release does not extend to claims which the creditor does not know or suspect exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
  • Taxes: KBSound withholds applicable sales tax for orders to be delivered to addresses within Florida. Customers outside of Florida, however, are solely responsible for calculating, collecting, or reporting all sales taxes or other taxes, on orders made through the Website.
  • Choice of Law: You agree that any dispute arising in any way from your purchase, access to the Website, your use of the Website, or a violation of the Terms of Use are to be construed, governed and enforced exclusively according to the laws of Florida or applicable federal copyright law, without regard to its conflict of laws principles.
  • Domestic Use and Export Restriction: KBSound operates the Website from our offices within the United States of America. We make no representation that the Website or its content is appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Website may be downloaded in violation of United States law.
  • Jurisdiction: This Website is owned and operated by KBSound from its offices within the State of Florida, United States of America. If you access this Website from any location outside of Florida, you do so on your own initiative and are responsible for compliance with your local laws, if and to the extent they are applicable. You agree that use of or access to the Website will not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Florida by KBSound. Further, KBSound does not consent to personal jurisdiction in any other state except Florida and you agree to not assert such jurisdiction in any other state except Florida. Also, you agree that a competent court in Florida will have exclusive jurisdiction regarding any dispute arising in any way from your purchase, access to the Website, your use of the Website, or a violation of the Terms of Use. Further, by accessing or making a purchase on the Website, you agree not to contest this exclusive jurisdiction. You also agree that for the purpose of resolving any issue pertaining to conflict of laws that may arise, the Terms of Use will be deemed to be fully and solely executed, performed and observed in the State of Florida.
  • Limitation on Access and Distribution: The information provided on the Website is not intended for distribution to or accessed by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject KBSound to any registration requirement within such jurisdiction or country.
  • Severability: If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the remainder, which will remain in full force. The parties agree that any court, arbitrator, or fact-finder should endeavor to give the fullest possible effect to the parties' intentions as reflected exclusively in the provisions of these Terms of Use and should not affect the validity and enforceability of any remaining provision.

Questions: If you have a question about your account, any purchase, or a general question about KBSound, or any other customer service inquiry, please send us an email at www.info@kbsound.com.

These Terms and Conditions were last updated on OCTOBER, 2011.

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