CONDITIONS OF USE

 

Maag Audio, LLC operates the MaagAudio.com website. By accessing and using this site, you agree to each of the terms and conditions set forth herein and agree to abide by the rules, regulations, procedures as set forth in the rules, regulations, published policies and guidelines. Additional terms and conditions applicable to certain areas of this Website or as to certain transactions are posted in those areas or in connection with a particular transaction, and together with these Terms of Use govern your use of those areas and/or transactions. Maag Audio reserves the right to modify these Terms of Use at any time without prior notice. Your use of this site following any modification constitutes your agreement to be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below. You may use this website for lawful purposes only. You may not use this website for any purpose that is prohibited by law or regulations or to facilitate the violation of any law or regulation.

 

Copyright

The site and the content are protected by U.S. and/or copyright laws, and belong to Maag Audio or its partners, affiliates, contributors or third parties. The copyright in the content is owned by Maag Audio or other copyright owners who have authorized their use on the site. You may not alter or manipulate in any way the content on the site without the specific written permission from Maag Audio or the copyright owner.

 

Indemnification

You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless Maag Audio, its affiliates, employees, agents and any third party providers to the site, service or content from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting or arising out of your use, misuse, or inability to use the site, the service or the content, or any violation of the Terms of Use.

 

Product Reviews

The Product Review section of MaagAudio.com permits third parties (“customers”) to provide a review of Maag Audio gear. Any product review may be removed at any time at the sole discretion of Maag Audio for any reason including, but not limited to, promotion of illegal activity, promotion of obscene or vulgar content, or the promotion of offensive content.

 

Disclaimer of Warranties

MAAG AUDIO MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MAAG AUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. MAAG AUDIO DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. MAAG AUDIO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

Limitation of Liability

IN NO EVENT WILL MAAG AUDIO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR CONTENT, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (5) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF MAAG AUDIO HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MAAG AUDIO’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

Arbitration

YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, SERVICE OR CONTENT BETWEEN THE MAAG AUDIO AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. HOWEVER, PRIOR TO ARBITRATION ALL APPLICABLE MAAG AUDIO RULES, REGULATIONS AND PROCEDURES MUST FIRST BE FOLLOWED AS SET FORTH IN THE MAAG AUDIO RULES, REGULATIONS, PUBLISHED POLICIES AND GUIDELINES. Dated: 01/01/11