Spectrum Audio Web site at www.SpectrumAudio.com
(the "Site") is a copyrighted work belonging to SPECTRUM CORP. Spectrum
Audio grants you the right to use the Site subject to the terms and conditions
of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE
CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE
FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THIS SITE.
License Agreement:
Subject to these Terms of Use, Spectrum Audio grants you a limited,
royalty-free license to view the materials contained on the Site (the
"Materials") and make such copies only as may be incidentally created
during your exercise of the foregoing through the normal operation of
a commercially available web browser and a gateway cache and proxy obtaining
the Materials from Spectrum Audio server. You are not granted any right
to use Spectrum Audio trademarks, logos, trade dress (including without
limitation the layout of the Site) or other marks, and all such items
shall remain the exclusive property of Spectrum Audio.
Modification of Site:
Spectrum Audio reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Site or any
part thereof with or without notice. You agree that Spectrum Audio will
not be liable to you or to any third party for any modification, suspension,
or discontinuance of the Site.
Secure Areas of Site:
Your use of any areas of the Site secured by a user name/login screen
("Secured Areas"), including but not limited to purchases of products
from the Site, is governed by the terms and conditions of a separate
agreement. You are granted no rights or licenses to use the Secured
Areas under this Agreement.
Direct Mailings:
By submitting your name, e-mail address, and any other personal information
to Spectrum Audio, you hereby grant Spectrum Audio, subject to the Spectrum
Audio Privacy Policy a royalty-free license to use and disclose this
information, including but not limited to using and disclosing such
information in connection with periodic mailings to you about Spectrum
Audio products, services, and news ("Mailings"). The terms and conditions
of this Agreement shall apply to all such Mailings.
Personal Submissions:
All remarks, suggestions, ideas, graphics, data, personal information,
resumes, questions or other information communicated to Spectrum Audio
through the Site, by facsimile or through the mail (electronic or otherwise)
(a "Submission") will forever be the property of Spectrum Audio. Unless
otherwise specified in our Privacy Policy, Spectrum Audio will not treat
any Submission as confidential or proprietary and will not be liable
for the use of any ideas for its business (including, without limitation,
service or promotion ideas) and will not incur any liability as a result
of any similarities that may appear in future Spectrum Audio services
or operations. Without limitation, Spectrum Audio will have exclusive
ownership of all present and future existing rights to the Submission
for any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge that
you are responsible for whatever material you submit, and you, not Spectrum
Audio, have full responsibility for the Submission, including its legality,
reliability, appropriateness, originality, and copyright.
Web Site Rules:
Our Site may only be used for lawful purposes. Spectrum Audio specifically
prohibits any use of our Site, and all users agree not to use our Site,
for any of the following: ,p> 1. Posting any incomplete, false or inaccurate
information or information which is not your own accurate information;
2. Posting of any material that defames, harasses, threatens, embarrasses,
or abuses others; is racially or ethically offensive; or is obscene,
abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially
to children;
3. Deleting or revising any material posted by any other person or entity;
4. If you have a password allowing access to a non-public area of our
Site, disclosing to or sharing your password with any third parties
or using your password for any unauthorized purpose;
5. Harming minors in any way;
6. Impersonating any person or entity or falsely stating or otherwise
misrepresenting your affiliation with a person or entity; or
7. Aggregating, copying or duplicating in any manner any of the materials
or information available from our Site. Registration and Passwords:
If you register on our Site, you agree to provide accurate and complete
information about yourself and to maintain and update such information
so it remains accurate and complete following registration. Failure
to provide accurate and complete information or to update such information
shall be adequate grounds for us to either suspend or terminate your
account.
Upon completing the registration process, you will receive a password
and user name. You are responsible for maintaining the confidentiality
of your password and user name and are responsible for any activities
that occur under your password and user name.
Accuracy of Content and Pricing:
Because prices, product descriptions and availability can change quickly,
Spectrum Audio does not warrant the accuracy or completeness of the
information provided on the Site. Also, Spectrum Audio may make changes
to the information contained herein, including to the products and prices
described in the site, at any time, without prior notice to you (including
after you have submitted your order). Information at this Site is periodically
updated, but it may not be current or complete at the moment you visit
this Site and may contain errors or inaccuracies. In no event shall
Spectrum Audio or its service or product providers be liable to you
in any manner whatsoever for any decision made by you, or for any act
or failure to act by you, in reliance upon information provided at this
Site. If a product you purchase does not match the description on the
Site, as your sole and exclusive remedy you may return the product,
unused, to Spectrum Audio and receive a refund of your purchase price.
Items in your shopping cart will reflect the most recent price displayed
on the item's product detail page. Prices are frequently updated to
adjust for different sales, limited pricing, and other discounting.
Therefore, prices on the product detail page and in your cart may change
after such updates to reflect the current prices. Placing items in your
cart does not reserve the current prices shown at that time, and prices
are reserved only by placing an order. From time to time, despite our
efforts, a small number of the items in our catalog may be mis-priced.
Please note that such errors or inaccuracies may be related to product
descriptions, pricing and availability. In the event of a pricing error,
Spectrum Audio will take one of the following options: (1) If an item's
correct price is lower than our stated price, we will charge the lower
amount and ship you the item; or (2) if an item's correct price is higher
than our stated price, we will, at our discretion, either contact you
for instructions before shipping or cancel your order and notify you
of such cancellation. We apologize for any inconvenience. If you are
not satisfied with your purchase due to any errors or inaccuracies,
you may return it in accordance with our Return Policy. Discounts are
limited-time offers and are not valid with other offers.
List Prices
List Price is the suggested retail selling price of a product provided
to us by manufacturers. We may commonly sell products at prices lower
than List Price, and, for any given product, no sales may have occurred
at List Price. List Price is a benchmark to compare our discounts from
List Price to pricing offered by other retailers. Whether other retailers
sell at List Price will vary by product, geographic location, type of
store, and over time. Although we periodically update the List Prices
in our direct mail offerings and on our website as we receive them,
in some cases manufacturers may change a suggested retail price without
notice to us.
Please contact the manufacturer of a specific product for the most
up-to-date List Price information. List Prices quoted for house or private
label brands are developed internally in consideration of comparable
name brand products. We may commonly sell such products at prices lower
than List Price and, for any given product, no sales may have occurred
at List Price.
Although our limited time events are intended to be limited time events,
our low prices offered during these events may continue in effect after
the event.
Disclaimer of Warranties
THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND. WITHOUT LIMITING THE FOREGOING, Spectrum Audio EXPRESSLY DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION
ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties,
in which case any implied warranties shall be limited to the minimum
scope and period permitted by law. Limitation of Liability
IN NO EVENT SHALL SPECTRUM AUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SPECTRUM
AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION
ON OUR SITE. SPECTRUM AUDIO TOTAL CUMULATIVE LIABILITY IN CONNECTION
WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN
CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. Copyright
The Site and the Materials are copyrighted works of Spectrum Audio
and/or its suppliers. Neither the Site nor the Materials may be reproduced,
displayed, modified or adapted, distributed or transmitted in any form
by any means (including, but not limited to, electronic duplication
or transmission) without the prior written permission of Spectrum Audio.
Spectrum Audio may at any time revise these Terms of Use by updating
this posting. By using this Site, you agree to be bound by any such
revisions, and you should periodically visit this page of the Site to
examine the then-current Terms of Use by which you are bound. Certain
provisions of these Terms of Use may be superseded by expressly designated
legal notices or terms located on particular pages of this Site.
Notice
If you have any questions about these Terms of Use or our Privacy Policy,
you may Contact Spectrum Audio at:
Spectrum Audio
2400 East Valley Road
Renton, WA 98057
