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.
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.
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.
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.
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
- 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:
You agree, represent, and warrant:
- You have the power and authority to enter into and perform all obligations under this agreement.
Privacy Policies and Procedures
Miscellaneous Legal Provisions
- 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.
- 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.
- 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.
- 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.
- 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.
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 firstname.lastname@example.org.
These Terms and Conditions were last updated on OCTOBER, 2011.