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| Terms of Use |
Audiovox.com Terms and
Conditions of Use
This page states the Terms and Conditions under which you may use
this Web Site. Please read this page carefully. If you do not
accept the Terms and Conditions stated here, do not use the Web
Site. Company may revise these Terms and Conditions at any time
by updating this posting. You should visit this page periodically
to review the Terms and Conditions, because they are binding on
you.
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Section 1. Company's
Liability.
The Material may contain inaccuracies or typographical errors.
Company makes no representation about the accuracy, reliability,
completeness, or timeliness of the Material or about results to
be obtained from using the Web Site and the Material. Use the Web
Site and the Material at your own risk. Changes are periodically
made to the Web Site and may be made at any time. COMPANY DOES
NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT
THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND
OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS
SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL
WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS,
AND LINKS.
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Section 2. Disclaimer of
Consequential Damages.
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Section 3. User Submission
Generally, any communication which you post to the Web Site is
considered to be non-confidential. If particular Web pages permit
the submission of communications which will be treated by Company
as confidential, that fact will be stated in "Legal Notices" on
those pages. By posting communications to the Web Site, you
automatically grant Company a royalty-free, perpetual,
irrevocable nonexclusive license to use, reproduce, modify,
publish, edit, translate, distribute, perform, and display the
communication alone or as part of other works in any form, media,
or technology whether now known or hereafter developed, and to
sublicense such rights through multiple tiers of sublicensees.
As a User, you are responsible for your own communications and
are responsible for the consequences of their posting. You must
not do the following things: Post material that is copyrighted,
unless you are the copyright owner or have the permission of the
copyright owner to post it; post material that reveals trade
secrets, unless you own them or have the permission of the owner;
post material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of others;
post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another User or
any other person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain letters
or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of any of communications posted by other
Users or endorse any opinions expressed by Users. You acknowledge
that any reliance on material posted by other users will be at
your own risk. Company does not screen communications in advance
and is not responsible for screening or monitoring material
posted by Users. If notified by a User of communications which
allegedly do not conform to this Agreement, Company may
investigate the allegation and determine in good faith and its
sole discretion whether to remove or request the removal of the
communication. Company has no liability or responsibility to
Users for performance or nonperformance of such activities.
Company reserves the right to expel Users and prevent their
further access to the Web Site for violating this Agreement or
the law and the right to remove communications which are abusive,
illegal, or disruptive.
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Section 4. Links to Other
Sites.
The Web Site contains links to third party Web sites. These links
are provided solely as a convenience to you and not as an
endorsement by Company of the contents on such third-party Web
Sites. Company is not responsible for the content of linked
third-party sites and does not make any representations regarding
the content or accuracy of materials on such third party Web
sites. If you decide to access linked third-party Web sites, you
do so at your own risk.
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Section 5. Software
Licenses.
All software that is made available for downloading from the Web
Site ("Software") is protected by copyright and may be protected
by other rights. The use of such software is governed by the
terms of the software license agreement o designated "Legal
Notice" accompanying such software license ("License Agreement").
The downloading and use of such software is conditioned on your
agreement to be bound by the terms of the License Agreement.
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Section 6. Limitation of
Liability.
Unless otherwise expressly provided in a Software License Notice,
the aggregate liability for Company to you for all claims arising
from the use of the Materials (including Software) is limited to
$100.
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Section 7. Indemnity.
You agree to define, indemnify, and hold harmless the Company,
its officers, directors, employees and agents, from and against
any claims, actions, or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from
your use of the Material (including Software) or your breach of
the terms of this Agreement. The Company shall provide notice to
you promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim, suit or
proceeding.
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Section 8. Export Control
The United States controls the export of products and
information. You agree to comply with such restrictions and not
to export or re-export the Materials (including Software) to
countries or persons prohibited under the export control laws. By
downloading the Materials (including Software), you are agreeing
that you are not in a country where such export is prohibited or
are a person or entity to which such export is prohibited. You
are responsible for compliance with the laws of your local
jurisdiction regarding the import, export, or re-export of the
Product.
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Section 9. Forward Looking
Statements.
Except for historical information contained herein, statements
made at this website that would constitute forward-looking
statements may involve certain risks such as our ability to keep
pace with technological advances, significant competition in the
wireless, mobile and consumer electronics businesses, quality and
consumer acceptance of newly introduced products, our
relationships with key suppliers and customers, market
volatility, non-availability of product, excess inventory, price
and product competition, new product introductions and other
risks detailed in the Company's public filings with the
Securities and Exchange Commission. These factors, among others
may cause actual results to differ materially from the results
suggested in the forward-looking statements.
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Section 10. General.
This Web Site is based in Hauppauge, New York. The Company makes
no claims the Materials are appropriate or may be downloaded
outside the United States. Access to the Materials (including
Software) may not be legal by certain persons or in certain
countries. If you access the Web Site from outside of the United
States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. This Agreement is
governed by the internal substantive laws of the State of New
York, without respect to its conflict of laws principles. If any
provision of this Agreement is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver
of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term. Except as
expressly provided in a particular "Legal Notice" or Software
License or material on particular Web pages, this Agreement
constitutes the entire Agreement between you and the Company with
respect to the use of the Web Site. Any changes to this Agreement
must be made in writing, signed by an authorized representative
of the Company.
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