LIGHTHOUSE SOUND, INC. WEBSITE USAGE AND PRODUCT PURCHASE AGREEMENT
Definitions:
"Product(s)" shall mean any item offered for sale or licensing on the Lighthouse Sound Web site or Lighthouse Sound’s direct sales materials (ads, catalogs, specifications sheets etc.), including but not limited to music equipment, gear, hardware devices, software, accessories, configurations of hardware and software, services, and documentation.
“You” and “Your” shall mean the individual(s) visiting this website, as well as the purchaser(s) of products herein.
“We”, “Us” and “Our” shall mean Lighthouse Sound, Inc., and any of our affiliates, subsidiaries, and suppliers.
“Website” and “Site” shall mean the Lighthouse Sound, Inc. website described herein.
“Chat” shall mean any consensual communications by or through You by means of electronic data processing equipment to others possessing such equipment.
“Blog” shall mean the same as weblog, and the communications associated therewith.
“E-mail” shall mean electronic mail commonly sent via computer.
Terms and Conditions:
THIS AGREEMENT GOVERNS YOUR VISIT TO THIS WEBSITE AND YOUR USE THEREOF, AS WELL AS ANY PURCHASES MADE THEREFROM. PLEASE READ IT CAREFULLY. If you do not agree to these terms and conditions, please leave this Site immediately, as your continued use of this Site constitutes your full and unconditional acceptance of these terms and conditions.
Copyright Notice:
Copyright 2007 Lighthouse Sound, Inc. ALL RIGHTS RESERVED. This entire Website and all content related thereto, including but not limited to graphics, text, photographs, or code, is protected under United States and other copyright laws, and is the property of Lighthouse Sound, Inc. This Site is copyrighted as a collective work, which includes works that are licensed to Lighthouse Sound, Inc. Permission is hereby granted to visitors of this Site to electronically copy and/or print hard copy segments of this Site for the express purpose of submitting a Product order to Lighthouse Sound Inc., or purchasing Lighthouse Sound, Inc. Products and services. Visitors hereto may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print segments of the material from the various areas of this Site solely for the visitor’s own non-commercial use, subject to the restrictions contained herein. Any other use, including, but not limited to the reproduction, distribution, display, or transmission of the content of this Site is strictly prohibited, unless prior express written authorization has been granted by Lighthouse Sound, Inc. Visitors hereto further agree not to change, alter, or delete any proprietary notices from materials downloaded from this Site.
Trademark Notice:
Our Trademarks and any other names, service names or logos of Lighthouse Sound, Inc. used, quoted and/or referenced in this Site are trademarks or registered trademarks of Lighthouse Sound, Inc. Other product names and/or company names used in this Site may be protected as their respective trademarks and/or trade names.
Product Orders; Acceptance by Lighthouse Sound; Acceptance of This Agreement by You:
All orders of Products placed by You with Us are non-cancelable and shall be subject to acceptance by Us. We reserve the right to reject any order you place with Us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by Us, Your order shall not be deemed accepted by Us until our shipment of the Products ordered. Your submission of Your order shall constitute Your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
Warranty Disclaimer:
This site and the materials and products on this site are provided AS IS and without warranties of any kind, whether express or implied. However, any third party manufacturer or supplier of Products may offer its own warranties, and You agree to look solely to such manufacturer or supplier for any warranty related claims. LIGHTHOUSE SOUND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Lighthouse Sound, Inc. further disclaims any warranty or representation that the functions contained in our Website will be error-free or available with uninterrupted service, or that any defects will be corrected, or that this Website or the server that makes this Site available are free of viruses, worms, or other harmful components. Lighthouse Sound, Inc. does not make any representations or warrantees concerning the use of the materials in this Site regarding their accuracy, usefulness, correctness, timeliness, adequacy, reliability or otherwise. Some states do not acknowledge exclusions or limitations on warranties, therefore, these limitations may not apply to You.
Limitation of Liability:
Both Yours and Our liability shall be limited solely to the actual price paid for Products, and in no event shall You or We be liable to the other for any indirect, special, incidental, or consequential damages that result from the use of, or the inability to use, the materials on this Site, or resulting from the performance or failure to perform under this Agreement, or from the furnishing, performance, or use of any Products or services sold pursuant hereto, whether due to a breach of contract, breach of warranty, negligence, or otherwise. Neither You nor We shall have any liability to the other for indirect or punitive damages, or for any claim by any third party except as expressly provided herein.
Site Usage:
You understand and agree that any abusive conduct, harassment, or illegal activity of any kind in any manner or form on this Site, including Chat, Blog, E-mail, or by use of abusive or obscene language, is strictly prohibited. Any attempts at impersonation of others, including Lighthouse Sound, Inc. employees or agents, or other licensed employees, hosts, or representatives, as well as other members or visitors to this Site is prohibited. You may not distribute, upload to, or otherwise publish or disseminate through this Site, any content that is defamatory, libelous, threatening, abusive, obscene, illegal, invasive of personal or privacy rights, or otherwise objectionable, which may constitute or encourage a criminal offense. You may not violate the rights of any individual or party, and You may not otherwise give rise to liability or violate any law. You may not upload commercial material on this Site, or use this Site to solicit others to join or become members or affiliates of any other commercial online service, merchant, or other organization.
Term of Agreement; Termination:
These terms and conditions apply to You when You access this Site and/or when You complete the registration or shopping process. These terms and conditions, or any part thereof, may be terminated by Us without notice, for any reason whatsoever, and at any time. However, the provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice of Third-Party Links:
Lighthouse Sound, Inc., makes every effort to provide increased value to Our visitors, therefore, We may provide links to sites operated by third parties. However, should a third party be either directly or indirectly associated and/or affiliated with Us, We have no control, whatsoever, over such linked sites, all of which maintain their own separate privacy and data collection practices, outside of Our control or influence. Therefore, You understand and agree that these linked sites are provided merely for Your convenience and, therefore, You access them at Your own risk. Nevertheless, We endeavor to protect the integrity of Our Site and the links contained herein and, accordingly, request all visitors hereto, to provide any relevant feedback on not only Our Site, but for sites We provide links to as well.
Typographical and Pricing Errors:
You understand and agree that, in the event that a Product sold by Lighthouse Sound, Inc. is erroneously listed at an incorrect price, We reserve the right to refuse or cancel any orders placed for such Product listed at such incorrect price. Further, We expressly reserve the right to cancel or refuse any such order(s) whether or not the order(s) has been acknowledged and your credit card charged. In the event Your credit card has already been charged for Your purchase and Your order is subsequently canceled, We will issue a credit to Your credit card account in the amount of the incorrect price.
Indemnification and Hold Harmless Provisions:
You agree to indemnify, defend, and hold harmless Lighthouse Sound, Inc, its officers, directors, employees, agents, licensors and suppliers (collectively referred to as the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, including negligent or wrongful conduct, or any activity related to Your use of this Site, or any other person accessing this Site using Your Internet account.
Additional Provisions:
You unconditionally understand and agree that Your use of this Site shall be governed in all respects by the laws of the State of Ohio, U.S.A., without regard to conflicts of laws rules, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You understand and agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site, including but not limited to the purchase of Products, shall be in the Court of Common Pleas of Columbiana, County, Ohio, or, where applicable, the Federal Court of the Northern District of Ohio. You also understand and agree that any failure by Us to insist upon, or enforce strict performance of, any provision of these terms and conditions shall not be construed as a waiver of any provision or right, and neither the course of conduct, nor trade practice, between You and Us shall act to modify any of these terms and conditions. If any provision of this Agreement is deemed by a court of proper jurisdiction to be unenforceable, the remainder shall remain in effect. We shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond Our. Quantities are subject to availability. In the event of shortage, We may allocate sales and deliveries at Our sole discretion. We expressly reserve the right to assign Our rights and responsibilities under this Agreement to any party at any time without notice to you.
Entire Agreement:
These terms and conditions constitute the entire and exclusive agreement between You and Us concerning Your visit to this Site, and the Products and your purchase hereunder, and supersedes any and all statements or other agreements, whether oral or written, between You and Us. The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Rev. 10/2007
