DISCLAIMER
The Audio-N-More Web Site (the "Site") is an online
information service provided by Audio-N-More ("Audio-N-More "), 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.
Audio-N-More 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 Audio-N-More, its affiliates 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 Audio-N-More 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 Audio-N-More by all means and in
any media now known or hereafter developed.
You also grant to Audio-N-More 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 Audio-N-More
for any alleged or actual infringement or misappropriation of any proprietary right in your communications to
Audio-N-More.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of Audio-N-More. 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 Audio-N-More, Audio-N-Moredoes not operate, control or endorse any
information, products or services on the Internet in any way. Except for Audio-N-More- 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 Audio-N-More a.
You also understand that Audio-N-More 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. Audio-N-More 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
Audio-N-More 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. Audio-N-More 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. Audio-N-More HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Audio-N-More 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 Audio-N-More 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, Audio-N-More LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Audio-N-More 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-Audio-N-More web site, please
understand that it is independent from Audio-N-More, and that Audio-N-More has no control over the content on that
web site. In addition, a link to a Audio-N-More web site does not mean that Audio-N-More 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 Audio-N-More, 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 Audio-N-More 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 Audio-N-More 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. Audio-N-More'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. Audio-N-More
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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