Web Site Agreement
The Best Home SpeakersWeb Site (the
"Site") is an online information service
provided by Mountain-websites.com ("Best Home
Speakers"), 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. Best Home
SpeakersMAY 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 Best Home Speakers, 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 Best Home Speakersa
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
Best Home Speakersby all means and in any media
now known or hereafter developed. You also
grant to Best Home Speakersthe 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 Best
Home Speakersfor any alleged or actual
infringement or misappropriation of any
proprietary right in your communications to
Best Home Speakers.
TRADEMARKS.
Publications, products, content or
services referenced herein or on the Site are
the exclusive trademarks or service marks of
Best Home Speakers. 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 Best Home
Speakers, Best Home Speakersdoes not operate,
control or endorse any information, products or
services on the Internet in any way. Except for
Best Home Speakers- 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 Best Home
Speakersa. You also understand that Best Home
Speakerscannot 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. Best Home
SpeakersPROVIDES 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 Best
Home SpeakersSHALL 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. Best Home SpeakersDOES 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.
Best Home SpeakersHAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Best Home SpeakersBE 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 Best Home
SpeakersOR 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, Best Home SpeakersLIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
Best Home Speakersmakes 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-Best Home Speakersweb
site, please understand that it is independent from
Best Home Speakers, and that Best Home Speakershas no
control over the content on that web site. In
addition, a link to a Best Home Speakersweb site does
not mean that Best Home Speakersendorses or accepts
any responsibility for the content, or the use, of
such web site.
3. Indemnification.
You agree to indemnify, defend and
hold harmless Best Home Speakers, 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 Best Home Speakersand 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 Best Home
Speakersand 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.
Best Home Speakers'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. Best Home Speakersmay 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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