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Detailed information can be found in K7Tracks.com's Cookies & Similar Technologies Policy and our Privacy Policy.
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Some
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transactions
Personalized
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use marketing and advertising partners (who may have their own information
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Welcome
to K7Tracks.com!
We are glad you have chosen to visit our site.
By using our Web site, you are accepting the following terms of use so please
read them carefully. The term "K7Tracks.com" or
"K7Tracks.com" or "us" or "we" or "our"
refers to K7Tracks.com Sound, Inc., the owner of the Web site. The term
"you" refers to the user or viewer of our Web Site.
Copyright
The
content, organization, graphics, design, compilation, magnetic translation,
digital conversion, and other matters related to the Site are protected under
applicable copyrights, trademarks, and another proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use, or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document, or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the content on
the site is the copyrighted work of third parties.
Errors,
Corrections, and Changes
We
may make changes to the pricing, features, functionality, or content of the Site
at any time without notice to you. We do not represent or warrant that the
product information, pricing, or other information available on or through the
Site will be correct, accurate, timely, or otherwise reliable. We do not
represent or warrant that the Site will be error-free, free of viruses or other
harmful components, or that defects will be corrected. We reserve the right in
our sole discretion to edit or delete any documents, information, prices, or
other content appearing on the Site.
If you place an order for item(s) that were
mispriced, you will be notified by your Sales Engineer in most cases. We
apologize for the inconvenience. Please understand that we reserve the right to
cancel any order for any reason at any time.
Registration
Certain sections of, or offerings from, the Site
may require you to register. If registration is requested, you agree to provide
us with accurate, complete registration information. Your registration must be
done using your real name and accurate information. Each registration is for
your personal use only and not on behalf of any other person or entity. We do
not permit (a) any other person using the registered sections under your name;
or (b) access through a single name being made available to multiple users on a
network. You are responsible for preventing such unauthorized use.
Third-Party Content
Third-party content may appear on the Site or may be accessible via links from the
Site. We are not responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of
content on the Site. You understand that the information and opinions in the
third-party content represent solely the thoughts of the author and are neither
endorsed by nor does it necessarily reflect our belief.
Use of Information
We
reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy. If you enter address
information, we may use it with Google Maps, to simplify entry and format it
consistently for our shipping partners. You can find Google’s Terms of Service
here. All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission") will forever
be our property. We will not be required to treat any Submission as
confidential, and will not be liable for any ideas (including without
limitation, product, service, or advertising ideas) and will not incur any
liability as a result of any similarities that may appear in our future
products, services or operations. Without limitation, we will have exclusive
ownership of all present and future existing rights to the Submission of every
kind and nature everywhere. We will be entitled to use the Submission for any
commercial or other purposes 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 us, have full responsibility for
the message, including its legality, reliability, appropriateness, originality,
and copyright.
Payments
You represent and warrant that if you are
purchasing something from us that (i) any credit information you supply is true
and complete, (ii) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
Links to
other Web Sites
The
Site contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
Copyrights
and Copyright Agents
We
respect the intellectual property of others, and we ask you to do the same. If
you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information: a)
An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; (b) A description of the copyrighted
work that you claim has been infringed; (c) A description of where the material
that you claim is infringing is located on the Site; (d) Your address,
telephone number, and email address; (e) A statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and (f) A statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf. Our
Copyright Agent for Notice of claims of copyright infringement on the Site can
be reached by directing an e-mail to the Copyright Agent using our contact
form.
Information
and Press Releases
The
Site contains information and press releases about us. We disclaim any duty or
obligation to update this information or any press releases. Information about
companies other than ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us
Forms,
Agreements & Documents
We
may make available through the Site or through other Web sites samples and
actual forms, checklists, business documents, and legal documents (collectively,
"Documents"). All Documents are provided on a non-exclusive license
basis only for your personal one-time use for non-commercial purposes, without
any right to re-license, sublicense, distribute, assign or transfer such license.
Documents are provided for a charge and without any representations or
warranties, express or implied, as to their suitability, legal effect,
completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE
PROVIDED "AS IS", "AS AVAILABLE", AND WITH "ALL
FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different or additional
provisions to ensure the desired result. You should consult with legal counsel
to determine the appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and may not be
applicable to a particular situation. Some Documents are public domain forms or
available from public records.
Limited License; Permitted Uses
You
are granted a non-exclusive, non-transferable, revocable license (a) to access and
use the Site strictly in accordance with this Agreement; (b) to use the Site
solely for internal, personal, non-commercial purposes; and (c) to print out
discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other
policies contained therein. No printout or electronic version of any part of
the Site or its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Your
license for access and use of the Site and any information, materials or
documents (collectively defined as "Content and Materials") therein
are subject to the following restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited purpose permitted by Section 4
above), republish, display, distribute, transmit, sell, rent, lease, loan or
otherwise make available in any form or by any means all or any portion of the
Site or any Content and Materials retrieved therefrom; (b) use the Site or any
materials obtained from the Site to develop, of as a component of, any
information, storage and retrieval system, database, information base, or
similar resource (in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and Materials from the Site in any
manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e) remove,
change or obscure any copyright notice or other proprietary notice or terms of
use contained in the Site; (f) make any portion of the Site available through
any timesharing system, service bureau, the Internet or any other technology
now existing or developed in the future; (g) remove, decompile, disassemble or
reverse engineer any Site software or use any network monitoring or discovery
software to determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for the purpose
of gathering information for or transmitting (1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (3) unsolicited telephone calls or
facsimile transmissions; (j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or any portion thereof, or
any software available on or through the Site, in violation of the export
control laws or regulations of the United States.
Unlawful Activity
We
reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email
addresses, usage history, posted materials, IP addresses and traffic
information.
Indemnification
You agree to indemnify, defend and hold us and
our partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information and documents,
attorneys, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability,
loss, claim and expense, including reasonable attorney's fees, related to your
violation of this Agreement or use of the Site. Void in New Jersey or any
jurisdiction where prohibited by law.
Nontransferable
Your
right to use the Site is not transferable or assignable. Any password or right
given to you to obtain information or documents is not transferable or
assignable.
Disclaimer
THE
INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN
SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND
INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
FORM OR DOCUMENT IS DISCLAIMED.
VOID IN NEW JERSEY OR ANY JURISDICTION WHERE
PROHIBITED BY LAW.
Limitation of Liability
(a)
We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in or
omissions from the Site or any services or products obtainable therefrom, (b)
the unavailability or interruption of the Site or any features thereof, (c)
your use of the Site, (d) the content contained on the Site, or (e) any delay
or failure in performance beyond the control of a Covered Party. (b) THE
AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY
CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS, AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT
AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
VOID IN NEW JERSEY OR ANY JURISDICTION WHERE
PROHIBITED BY LAW.
Legal
Compliance
You
agree to comply with all applicable domestic and international laws, statutes,
ordinances, and regulations regarding your use of the Site and the Content and
Materials provided therein.
Miscellaneous
This Agreement shall be treated as though it
were executed and performed in Fort Wayne, Indiana, and shall be governed by
and construed in accordance with the laws of the State of Indiana (without
regard to conflict of law principles). Any cause of action by you with respect
to the Site (and/or any information, Documents, products, or services related thereto)
must be instituted within one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be subject to the limitations set
forth in Section 16 and Section 17. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against any party.
This Agreement and all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a third party in the
event of an acquisition, sale, or merger. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination of this
Agreement.
Arbitration
Any legal controversy or legal claim arising out
of or relating to this Agreement or our services, excluding legal action taken
by us to collect or recover damages for, or obtain any injunction relating to,
Site operations, intellectual property, and our services, shall be settled
solely by binding arbitration in accordance with the commercial arbitration
rules of JAMS. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be conducted in
Fort Wayne, Indiana, and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. Either you or us may seek any interim or
preliminary relief from a court of competent jurisdiction in Orange County,
California necessary to protect the rights or property of you and us pending
the completion of arbitration. Each party shall bear one-half of the
arbitration fees and costs incurred through JAMS.
Acceptance of Agreement
You
agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you and
supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services
provided by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
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