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Thank
you for visiting the London Audio web site (this “Site").
Please read these terms and conditions (the "Terms and
Conditions") carefully before using this Site. Your use
of this site shall constitute your acknowledgment and conclusive
acceptance of the Terms and Conditions.
London
Audio reserves the right, at its sole discretion, to modify
the Terms and Conditions at any time, and such modifications
shall be effective immediately upon posting of the modified
Terms and Conditions. You are responsible for regularly reviewing
the Terms and Conditions to be aware of such modifications.
Continued use of this Site after any modifications shall constitute
your acknowledgment and acceptance of the modified Terms and
Conditions.
THE TERMS AND CONDITIONS
GOVERNING THE USE OF THIS SITE CONTAIN A DISCLAIMER OF WARRANTY,
A LIMITATION OF LIABILITY AND A LIMITATION PERIOD CLAUSE.
Generally
Intellectual
Property Rights
A)Copyright
B)Trademarks
Right of Use
Submissions
Disclaimer
of Warranties and Limitation of Liability
Indemnification
Third
Party Sites and Hyperlinks
Miscellaneous
Terms
Contact Information
Generally
This Site, and all content, material, information or postings
found on or accessed through this Site (collectively the "Information"),
are provided on an “AS IS” basis. Internet software or transmission
problems may produce inaccurate or incomplete copies of Information
that may be downloaded and displayed on your computer.
Documents provided on this Site are provided as a convenience
only and do not constitute official versions of such documents.
The
Information contained on this Site is for informational purposes
only and is not intended to meet any particular user’s need. Such
Information is
not warranted to be current, accurate, or complete, and is
subject to change without notice. Changes
to the Information, products or services described in this
Site may be made without updating this Site to reflect such
changes. Please contact London
Audio for
confirmation before acting on any such Information.
Products
and services advertised on this Site are subject to the terms
of the applicable agreements governing them, and available
in applicable provinces and territories of Canada only, or
other jurisdictions where they may be legally offered.
This communication does not constitute an offer or
solicitation by anyone in any jurisdiction in which an offer
or solicitation cannot legally be made, or to any person to
whom it is unlawful to make a solicitation.
The
disclaimers, terms and conditions on this legal information
page are of general application and shall be read to be supplementary
to, and in harmony with, any disclaimer, term, or condition
of specific application on a particular page or pages of this
Site. In case of conflict, the specific shall take precedence
over the general. top
Intellectual
Property Rights
This
Site and all content provided on this Site is protected by
copyright, trademark, and other applicable intellectual property
and proprietary rights laws, and is owned, controlled, and/or
licensed by London Audio and/or its affiliates. London Audio
reserves the right to strictly enforce its intellectual property
rights to the fullest extent of the law, including the seeking
of criminal prosecution.
A) Copyright
All
materials published or otherwise accessible on this Site
including, but not limited to, news articles, text, forms,
photographs, images, illustrations, audio clips, video clips,
software, and other materials (the "Content")
are protected by copyright. Such copyright is either owned
by London Audio or the manufacturer of the respective product
and is protected by national laws and international treaties.
You shall abide by all copyright notices, information, and
restrictions contained in any content accessed through this
site. Copyright © London Audio. All rights reserved. top
B) Trademarks
The
trademarks, logos, and service marks, including but not
limited to, London Audio, any domain name containing the
expression London Audio or London Audio, or any derivative
thereof, the London Audio Logo, and other names, logos,
and icons identifying the products and services (collectively
the "Trademarks") displayed on this Site, are
registered or unregistered trademarks of London Audio or
the manufacturer of the respective product.
Nothing contained on
this Site should be considered as granting, by implication,
estoppel, or otherwise, any license or right to use any trademarks,
logos, or other names, including, but not limited to, those
identifying London Audio and/or its affiliates and related
companies and third parties or their respective products and
services displayed on this Site without the expressed written
consent of London Audio or such third party that may own such
trademarks, logos and other names displayed on this Site.
Your use of the Trademarks displayed on this Site, or any
other content on the site, except as provided herein is strictly
prohibited. top
Right of Use
No information
or material from this Site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way whatsoever
except that you may download one copy of the materials for your
personal, non-commercial use, provided you keep intact all copyright
and proprietary notices. You agree that you do not acquire any
rights in any downloaded content. You agree to abide by all
notices, information and restrictions contained in any content
on this Site and any content accessed through this Site.
Top
Submissions
All comments,
feedback, suggestions, ideas, and other submissions disclosed,
submitted or offered to London Audio on or by this Site or
otherwise disclosed, submitted or offered in connection with
your use of this Site (collectively, the "Comments")
shall be and remain London Audio’s property. Such disclosure,
submission or offer of any Comments shall constitute an assignment
to London Audio of all worldwide rights, titles and interests
in all copyrights and other intellectual properties in the
Comments. Thus, London Audio will own exclusively all such
rights, titles and interests and shall not be limited in any
way in its use, commercial or otherwise, of any Comments.You
will use this Site and any content, material, or information
found on this Site solely for lawful purposes.
Any communication
or materials you transmit to this Site, by electronic mail
or otherwise, may be, at London Audio's discretion, treated
as non-confidential and non non-proprietary by London Audio.
London Audio is and shall be under no obligation to
pay to a user any compensation for any Comments, or to respond
to any user Comments. Top
Disclaimer of Warranties & Limitation
of Liability
London
Audio, its affiliates and related companies, and each of their
respective directors, officers, employees, consultants and
agents expressly disclaim any and all representations, warranties
and conditions, express and implied, including, without limitation,
any and all representations, warranties and condition of title
and non-infringement, and all implied warranties and conditions
of merchantable quality, fitness for any particular purpose,
suitability for any particular purpose, and any representations,
warranties or conditions arising from any course of dealing
or usage of trade, with respect to this Site or the content
contained in or accessed through this Site.
Neither
London Audio nor its affiliates and related companies, and
each of their respective directors, officers, employees, consultants
and agents makes any representations or warranties as to the
accuracy, timeliness, reliability, truthfulness or completeness
of this Site or the content contained in or accessed through
this Site, including, but not limited to, the contents of
any content, information, material, or posting found on this
Site, any services provided through this Site, or any links
to other sites made available on this Site or the content
contained on such site(s), or as to the continuous or error
free use and operation of the Internet or this Site.
Neither
London Audio nor its affiliates and related companies, and
each of their respective directors, officers, employees, consultants
or agents makes any representations or warranties that this
Site or access to and use of this Site will be uninterrupted,
error free, or free from defects, viruses or other harmful
components. You expressly agree that use of this Site is at
your sole risk.
Information
provided on this Site may contain references to London Audio,
its affiliates and related companies and and third parties’
products and services that are not available in your local
area. London Audio, its affiliates and related companies
makes no representations or warranties as to the availability
of such products and services in your local area and such
references do not imply that London Audio, its affiliates
and related companies and third parties intend to provide
such products or services in your local area. Please contact
us for further information.
Under
no circumstances, whether based on contract, tort, negligence,
strict liability, fundamental breach or otherwise, shall London
Audio or its affiliates and related companies, and each of
their respective directors, officers, employees, consultants
and agents be liable for any direct, indirect, incidental,
special or consequential damages or any loss arising out of
or in any way connected with the use of, or the inability
to use, any content, information, material, or postings on
this Site, directly or indirectly, or the transmission of
confidential or sensitive information over the Internet. These
limitations apply regardless of whether the party liable or
allegedly liable was advised, had other reason to know, or
in fact knew of the possibility of such damages. You specifically
acknowledge and agree that neither London Audio nor its affiliates
and related companies, nor each of their respective directors,
officers, employees, consultants and agents shall be liable
for any defamatory, offensive or illegal conduct of any user,
including you.
If
you are dissatisfied with any portion of the service provided
by this Site, or with any of the Terms and Conditions, your
sole and exclusive remedy is to discontinue using this Site.
In such an event, you agree to destroy all materials obtained
by you on this Site and any and all other London Audio site(s)
and all copies thereof. The Terms and Conditions shall survive
any such termination. Top
Indemnification
You agree to defend,
indemnify and hold harmless London Audio, its affiliates and
related companies, and each of their respective directors,
officers, employees, consultants and agents from and against
all claims, liability, and expenses, including all legal fees
and costs, arising out of:
(i) your
breach of any provision of the Terms and Conditions; or
(ii) your
use of this Site and the content contained in this Site.
Top
Third
Party Sites & Hyperlinks
This
Site contain information, material, content or links to other
websites that are not under the control of London Audio.
Any mention of another party or its product or service on
this Site should not be construed as an express or implied
endorsement or approval of that party or its product or service.
The linked sites are independently developed by parties other
than London Audio, and London Audio provides those links to
you only solely for the convenience. London Audio does not
assume responsibility for the accuracy or appropriateness
of the information contained at such sites nor endorse the
viewpoints expressed. Furthermore, a link to a third
party site should not be construed to mean that London Audio
is affiliated or associated with or is legally authorized
to use any trademark, trade name, logo or copyrighted symbol
that may be reflected in the link or description of the link.
London
Audio assumes no liability for incompatibility, non-suitability,
viral infection, worms, Trojan horses, or other destructive/disruptive
components on or from linked sites. You should always use
appropriate anti virus or other protective software to protect
your data and equipment. Top
Miscellaneous
Terms
Offer
of Products
Nothing
on this Site shall be treated as putting forth an offer to
purchase by London Audio, but is merely an invitation to you
to make an offer.
Choice of
law
The
Terms and Conditions and this Site shall be interpreted and
governed exclusively by the laws of the province of Ontario
and the laws of Canada applicable therein, without giving
effect to their conflict of laws principles, and excluding
the United Nations Convention on Contracts for the International
Sale of Goods as amended, replaced or re-enacted from
time to time. You expressly consent to the exclusive forum,
jurisdiction, and venue of the courts of Ontario and/or the
Federal Court of Canada in Ontario, or any other judicial
district or jurisdiction as London Audio may determine, in
any and all actions, disputes, or controversies relating hereto.
Top
Entire Agreement
Unless
otherwise specified herein, these Terms and Conditions constitute
the entire agreement between you and London Audio with respect
to the use of this Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or
written, between you and London Audio. A printed version of
these Terms and Conditions and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to these Terms and Conditions to the
same extent and subject to the same conditions as other business
documents and records originally generated and maintained
in printed form. Top
Waiver
No
waiver by London Audio of any breach or default hereunder,
or failure to enforce any terms herein shall be deemed to
be a waiver of any preceding or subsequent breach or default.
Invalidity
If
any provisions contained herein shall be determined to be
void, invalid, or otherwise enforceable by a court of competent
jurisdiction, then the invalid or unenforceable provision
will be deemed to be superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the provisions shall continue in effect.
Top
Limitation
Period for Commencing Action
Any
cause of action arising out of or related to the use of this
Site must commence within six (6) months after the cause of
action arose, otherwise, such cause of action is permanently
barred.
Titles
and Headings
The
section titles within are solely used for the convenience
of the parties and have no legal or contractual significance.
Term
and Termination
London Audio
may terminate this Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the Site,
if in London Audio‘s sole discretion you fail to comply with
any term or provision of this Agreement. Upon any termination
of the Agreement London Audio, you must promptly destroy all
materials downloaded or otherwise obtained from this Site,
as well as all copies of such materials, whether made under
the terms of use or otherwise. Top
Contact
Information
LONDON
AUDIO
716 York Street
London, Ontario, CANADA
N5W 2S8
TEL:
519.673.1780
FAX: 519.673.0117
TOLL FREE: 800.713.8666
audioinfo@londonaudio.com
USE
OF THIS SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES
NOT GIVE EFFECT TO ALL PROVISIONS OF THE TERMS AND CONDITIONS.
Top
© 2004 LONDON AUDIO INC.
ALL RIGHTS RESERVED.
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