Audio Axis, Inc. - Terms of Use

User Agreement on Audio Axis, Inc.
As a user of the Audio Axis, Inc. Web site(s), I represent to Audio Axis, Inc. that my access is on my own behalf or on behalf of my employer or my own business enterprise and that I am authorized and empowered to make promises, representations, and agreements on my own behalf or on behalf of my employer or business enterprise. I understand this agreement contains important legal and financial responsibilities that may affect my employer, my business, or me.

As an inducement for Audio Axis, Inc. to provide me with access to or permitting me to use Audio Axis, Inc. Web sites, I agree to the following terms and conditions. I understand that the Internet, electronic commerce, and technology is changing rapidly, and Audio Axis, Inc. may address these changes by changing these terms and conditions from time to time at Audio Axis, Inc.' sole discretion. Accordingly, I promise to review regularly these terms and conditions to be informed of and agree to any changes made by Audio Axis, Inc. If at any time I do not agree to any term or condition of this or any revised Audio Axis, Inc. web access or use agreement, I promise not to access or otherwise use any Audio Axis, Inc. Web sites. I understand that these terms and conditions apply to all Audio Axis, Inc. Web sites, including any Web sites owned, operated, or sponsored by any Audio Axis, Inc. subsidiaries or affiliates. I agree that the word "content," as used in this Agreement refers to any materials, documents, images, trademarks, copyrighted materials, graphics, logos, design, audio, video, and any other information provided from or on Audio Axis, Inc. Web sites.

Purpose

Audio Axis, Inc. maintains its Web site content for general marketing, promotional, public relations, and general public information purposes. Audio Axis, Inc. does not transact business or engage in transactions by way of Audio Axis, Inc. Web site content. Regardless of the existence of any order forms, interactive features, request forms, invitation for comment, or suggestions contained in any Audio Axis, Inc. Web site, no contract or binding obligation of Audio Axis, Inc. of any kind may be implied, assumed, or made until an authorized and empowered representative of Audio Axis, Inc. reviews and accepts, in writing, any proposal, offer, order, or other information submitted by the user via any Audio Axis, Inc. Web site. You agree that Audio Axis, Inc. becomes legally bound to and responsible for only those promises, obligations, and commitments contained in written contracts and instruments signed by such authorized and empowered representative of Audio Axis, Inc.. Notwithstanding anything to the contrary contained in any Audio Axis, Inc. Web site, Audio Axis, Inc. reserves the right to and may reject any information, offers, orders, suggestions, comments, or other information submitted to Audio Axis, Inc. via any Audio Axis, Inc. Web site.

No Permissions

Audio Axis, Inc. provides its Web site content for informational purposes only for its customers, investors, vendors and employees and other constituencies. No license is granted by Audio Axis, Inc. to anyone to use or exploit any content. If you wish to use or exploit any Audio Axis, Inc. Web site content, you agree to contact Audio Axis, Inc. in writing and to use such content only in accordance with a written agreement with Audio Axis, Inc.. If you use or exploit any Audio Axis, Inc. content without the agreement of Audio Axis, Inc., you agree to be responsible for all claims, costs, losses, expenses, damages, and liabilities incurred by Audio Axis, Inc. as a result of your actions or omissions.

Disclaimer

Audio Axis, Inc. has no obligation to be sure that the content of its Web site is accurate or complete, up-to-date or current, free from technical inaccuracies or typographical errors, or free from changes caused by any third party; or that access to the Audio Axis, Inc. Web site will be free from interruptions, errors, computer viruses, or other harmful components. You understand that Audio Axis, Inc. may (but has no obligation in the absence of governmental regulatory requirements) to change, withdraw, improve, or otherwise modify its Web site content at any time without any notice to you.

No Warranties

Web site content is provided by Audio Axis, Inc. "as is" and without warranties of any kind, either express or implied. TO THE EXTENT ANY ACCESS OR USE OF THE Audio Axis, Inc. WEB SITES CONSTITUTES A SALE OR EXCHANGE OF GOODS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. You agree that under no circumstances, including, but not limited to, negligence, shall Audio Axis, Inc. be liable for any direct or indirect, special, incidental, or consequential damages. This includes but is not limited to loss of data or profit arising out of the use or the inability to use the content of a Audio Axis, Inc. Web site, even if a Audio Axis, Inc. representative has been advised of the possibility of your damages.

No Confidentiality And License

If you wish to provide your information to Audio Axis, Inc. and you wish to retain an interest or ownership in it, you must contact Audio Axis, Inc. in writing and propose to Audio Axis, Inc. a commercial transaction pursuant to which you and Audio Axis, Inc. agree in a written and signed agreement to an exchange of information. If you transmit to or post on the Audio Axis, Inc. Web site without any prior written agreement with Audio Axis, Inc. providing for such activity, any material, data, information or idea, it will be treated as non-confidential and non-proprietary and may be disseminated or used by Audio Axis, Inc. for any purpose. By sending Audio Axis, Inc. any information or material, you grant Audio Axis, Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials and information. You also agree that Audio Axis, Inc. is free to use any ideas, concepts, know-how, or techniques that you send to Audio Axis, Inc. for any purpose without any obligation to you.

No Unlawful Or Unacceptable content Posting

You are not authorized to post on or transmit to any Audio Axis, Inc. Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. If you do so, you agree to assume all claims, costs, losses, expenses, damages, and liabilities caused by such activity and indemnify and hold Audio Axis, Inc. harmless from any liability or loss.

Hyperlinks

Audio Axis, Inc. may provide hyperlinks to other Internet Web sites maintained by third parties or may provide third party content on Audio Axis, Inc. Web site. The content in any such linked sites is not under Audio Axis, Inc. control and Audio Axis, Inc. is not responsible for the content of those sites, including any further links in another site. If you decide to access any of the third party sites linked to a Audio Axis, Inc. Web site, you do so entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses, and other items of a destructive nature. By providing a link, Terms of Use does not necessarily endorse a third party or its Web site. Audio Axis, Inc. reserves the right to terminate a link to a third party web site at any time in its sole discretion.

Linked Internet Sites

If you wish to provide a link to a Audio Axis, Inc. Web site, you may do so under the terms and conditions of this or any future Audio Axis, Inc. web access and use agreement, but: you may not use or replicate Audio Axis, Inc. content; you agree not to create a browser, border environment or frame for Audio Axis, Inc. content; you may not imply that Audio Axis, Inc. is endorsing you or your products or services; you may not misrepresent your relationship with Audio Axis, Inc.; you may not present false information about Audio Axis, Inc. products or services; and your linked Web site shall not contain content that could be construed as distasteful, offensive or controversial, and or contain content that is not appropriate for all age, racial, religious, or other groups protected by law. If you violate these promises, you agree to be responsible for all claims, costs, losses, expenses, damages, and liabilities associated with such acts or omissions and indemnify and hold Audio Axis, Inc. harmless and you agree to remove any link to Audio Axis, Inc. immediately upon the request of Audio Axis, Inc..

No Representations, Legal Compliance

Audio Axis, Inc. makes no representation that content or materials in a Audio Axis, Inc. Web site are appropriate or available for use outside the U.S.A. You agree to refrain from access to content on a Audio Axis, Inc. Web site from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations. We are not responsible for any law violations of law or regulation by your access or use of any content on a Audio Axis, Inc. Web site. You must become familiar with U.S. laws and regulations on export of technical information and you agree you will not use or export content in a Audio Axis, Inc. Web site in violation of U.S. export laws and regulations. Any claims relating to Audio Axis, Inc. Web site and its content and materials shall be governed by the laws of the States of New Jersey, New York and Pennsylvania, without giving effect to any principles of conflicts of laws. You agree that any legal action or preceding between us for any purpose concerning this Agreement or the parties - obligations shall be brought exclusively in a federal or state court in the States of New Jersey, New York and Pennsylvania.

Copyrights

Audio Axis, Inc.  claims the copyright interest in the compilation in all the Audio Axis, Inc.  Web site content, including without limitation, the incorporated Audio Axis, Inc., Home Theater Experts Web Sites. The laws of the United States of America and all other signatories to the Berne Convention protect the copyright owner from infringement and you represent that you have read, understand and agree to The U.S. Copyright Act and such other applicable laws and regulations of other countries and you will not violate them in your access and use of any Audio Axis, Inc.  Web site and that you will indemnify and hold Audio Axis, Inc., Home Theater Experts harmless. Copyright - Audio Axis, Inc.  2006

Privacy Policy
 

Manufacturers trademarks, copyright, logos are the property of their respective Manufacturers and Companies. Product Descriptions logos may be removed at the written request of the respective Registers. 

Privacy Policy
Your privacy on the Internet is important to Audio Axis, Inc.. As part of the operation of Audio Axis, Inc., certain pieces of information are gathered about Audio Axis, Inc.  members. Below are explanations regarding the types of information collected, what is done with it, and how to correct or change the information. What information is collected as part of the Audio Axis, Inc.  member registration process, the prospective member is asked to provide an e-mail address and interest category selections. The prospective member, at their option, may voluntarily provide additional information, including personal, geographic, and demographic information. In addition to the information provided by members, Audio Axis, Inc.  may also collect information about Audio Axis, Inc.  members from third party sources. Furthermore, Audio Axis, Inc.  net monitors incoming and outgoing Web site traffic data to help diagnose problems with its servers and to administer its Web site. Audio Axis, Inc.  also uses this data to assemble broad demographic information about its members in general. The purpose of this data collection is to ensure that Audio Axis, Inc.  members receive only the most relevant, targeted offers and information from Audio Axis, Inc..
Audio Axis, Inc. uses "contact us" forms as a way for clients, potential clients, and members to communicate with Audio Axis, Inc.. Audio Axis, Inc.  collects the information supplied by the sender of the "contact us" form in order to establish and maintain relationships with clients, potential clients, and members. Audio Axis, Inc. also uses e-mail links located on various pages of the Audio Axis, Inc. Web site to allow you to contact Audio Axis, Inc.  with questions or comments you may have. Audio Axis, Inc.  welcomes these e-mail communications and makes efforts to respond to these communications where appropriate. E-mail communications and the ideas sent to Audio Axis, Inc.  in these e-mail communications become the property of Audio Axis, Inc.. Audio Axis, Inc.  uses the e-mail communications to evaluate and improve its services and Web site. Audio Axis, Inc.  also may save these e-mail communications for future reference or use.

In an attempt to customize the Audio Axis, Inc.  service and provide members with the information they may be most interested in, Audio Axis, Inc.  also conducts internal research on our users' demographics, interests, and behavior based upon information members provide directly to Audio Axis, Inc. and information that Audio Axis, Inc.  may collect from third party sources and/or through the use of "cookies" (see below). Audio Axis, Inc. may combine or otherwise overlay some or all of the foregoing information to build profiles about Audio Axis, Inc.  members, which may be individual specific or in aggregate form. By becoming a Audio Axis, Inc.  member, you consent to Audio Axis, Inc.  employing the foregoing techniques in its continuing efforts to better serve its members by providing them with the information in which they may be most interested. Audio Axis, Inc. does not use information about its members for any purposes unrelated to the services offered by Audio Axis, Inc.. As discussed above, Audio Axis, Inc.  may, from time to time, obtain information about its members from third party sources. In addition, Audio Axis, Inc.  may, from time to time, assist third parties in developing, implementing, and monitoring advertising campaigns using data owned or supplied by the third party. Please be aware that this Privacy Policy does not cover the conduct or practices of these third party sources. However, Audio Axis, Inc.. will treat information that it receives from third party sources according to the terms of this Privacy Policy.

The Use of Cookies

As an important and necessary part of providing customizable and personalized services to its members, Audio Axis, Inc.  uses cookies to store and sometimes track information about members. A cookie is a small amount of data that is sent to a member's browser from a Web server and stored on a member's computer hard drive. Areas of Audio Axis, Inc.  Web site where members are prompted to login or that are customizable require acceptance of cookies. Cookies are also used to help Audio Axis, Inc. track the response to messages sent to members on behalf of marketers so that Audio Axis, Inc.  can monitor and report campaign results to the marketer and track response history. With respect to cookies, you have a choice. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, you will be unable to use those Audio Axis, Inc.  services that require the use of cookies in order to participate.

Children's Online Privacy Protection

The safety of children is important to us. Audio Axis, Inc.. Web site is a general audience site and is not directed to children under the age of 18. Similarly, Audio Axis, Inc.. net's services are not directed to nor intended for anyone under the age of 18. Audio Axis, Inc.  will not knowingly accept members who are under the age of 18 years nor will it knowingly collect or maintain personally identifiable information from or about anyone under the age of 18 years. Accordingly, when registering to become a Audio Axis, Inc.  member, the new member must certify that they are not under the age of 18. Audio Axis, Inc.  relies on the truthfulness of this certification when accepting new members. In the event that Audio Axis, Inc.  receives information that establishes that a member is under the age of 18 years, Audio Axis, Inc.  reserves the right, which it will exercise, to terminate that member's membership. Audio Axis, Inc.  will also delete all information in its databases about that terminated member. If you believe Audio Axis, Inc. has any information from or about anyone under 18, please contact us at the following e-mail info@AudioAxis.com .

Confidentiality

Audio Axis, Inc.  will not provide personally identifiable information of a Audio Axis, Inc.  member to third parties except as noted under "Limits of Confidentiality." Personally, identifiable information means the member's name, residence address, e-mail address, Social Security number, or other information from which the member's identity may be reasonably ascertained. Audio Axis, Inc. uses proprietary technologies to preserve the anonymity of members while matching the member's interests with targeted information sent via e-mail.

Audio Axis, Inc.  will under no circumstance knowingly reveal any member's identity to marketers. It is solely at a Audio Axis, Inc.  member's discretion if he or she chooses to provide personally identifiable information to a marketer by making a purchase, requesting additional information, or communicating directly with the company or organization after visiting its Web site or otherwise.

Limits of Confidentiality

As part of its day-to-day business activities, Audio Axis, Inc.  must disclose certain aggregate level information about Audio Axis, Inc.  members to certain third parties; principally, (1) Audio Axis, Inc. ' Network Partners, and (2) Marketers who use Audio Axis, Inc.  network. Below is the information and circumstances under which Audio Axis, Inc.  may be required to disclose information to third parties.
(1) Network Partners: When a Audio Axis, Inc.  member registers through the Web site of a Network Partner, Audio Axis, Inc.  is obligated to disclose to that particular Network Partner the information submitted by the Audio Axis, Inc.  member during the registration process. In addition to the foregoing information, Audio Axis, Inc.  may also disclose aggregate level information to the Network Partner about Audio Axis, Inc.  members who registered through that particular Network Partner's site. Such aggregate information may include, for example, the number of individuals who registered through the Network Partner's site; the turnover rate of Audio Axis, Inc.  members who have registered through the Network Partner's site; with respect to any particular campaign, the response rates of the Audio Axis, Inc. members who registered through the Network Partner's site; and statistics on the interest categories selected by the Audio Axis, Inc.  members who have registered through the Network Partner's site. Subject to the exceptions discussed below, Audio Axis, Inc. will not knowingly disclose any personally identifiable information about a Audio Axis, Inc.  member to a Network Partner unless such personally identifiable information was provided during the registration process through the Network Partner's Web site.
(2) Marketers: Audio Axis, Inc.  will disclose aggregate level information about Audio Axis, Inc.  members to marketers as reasonably necessary to explain the services that Audio Axis, Inc.  can offer, to report on the advertising campaigns that Audio Axis, Inc.  undertakes for any particular marketer, and/or to implement and explain campaign strategies. Subject to the exceptions discussed below, Audio Axis, Inc. will not knowingly disclose any personally identifiable information about a Audio Axis, Inc.  member to a marketer. Due to the existing legal, regulatory and security environment, Audio Axis, Inc.  may be required, under certain circumstances, to disclose aggregate level and/or personally identifiable information about its members. Audio Axis, Inc. will use its best efforts to limit such disclosure to the following: where Audio Axis, Inc. believes in good faith that it is required to do so in response to a subpoena or other legal process; where reasonably required to do so in order to maintain, update or otherwise implement Audio Axis, Inc.  data security measures, equipment, technical operations and the like; or where reasonably necessary to identify, contact or bring legal action against persons or entities to preserve and/or enforce Audio Axis, Inc. rights.

Use of Information

Audio Axis, Inc.  uses member information to deliver the Audio Axis, Inc.  services. Thus, member information is used by Audio Axis, Inc.  in identifying information that may be of interest to its members. A member's e-mail address will be used by Audio Axis, Inc.  to contact that member about member-selected interests. Audio Axis, Inc.  also uses member information to monitor, interpret, analyze, and report campaign results. Audio Axis, Inc. does not use member information for purposes unrelated to the services offered by Audio Axis, Inc..

 

Protection of Member Information

Audio Axis, Inc.  undertakes substantial efforts to protect the confidentiality of the identity, preferences and other information it has collected about individual members and will never knowingly allow access to this information to anyone outside Audio Axis, Inc.  other than to the member or as described above under the heading Limits of Confidentiality.

Audio Axis, Inc. has made a substantial investment in its server, database, backup, and firewall technologies to protect the information assets of the Audio Axis, Inc., including the confidentiality of information collected about Audio Axis, Inc.  members. These technologies are deployed as part of a sophisticated security architecture and protocol. You should also do your part in protecting your information. Your Audio Axis, Inc.  user name and password are confidential and we recommend that you not divulge them to anyone. Unfortunately, neither Audio Axis, Inc. network nor data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, while we strive to protect member information, Audio Axis, Inc.  cannot ensure or warrant the security of member information. Thus, any information a member transmits to us is done so at the member's own risk. Once we receive member information, Audio Axis, Inc.  undertakes substantial efforts to protect the confidentiality of this information consistent with this Policy.

Policy Changes

The foregoing policy is effective as of July 2006. Audio Axis, Inc.  reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of Audio Axis, Inc. services following the posting of changes to these terms will mean you accept those changes. Audio Axis, Inc. will take reasonable measures to notify you if there is a material change in our privacy practices with respect to use of the information you have provided to Audio Axis, Inc... Audio Axis, Inc.  will conspicuously post these changes in our Privacy Policy. Audio Axis, Inc.  also will post a message on the home page of its Web site that states that the Privacy Policy has been changed, and will provide a link to the Privacy Policy. These postings will occur on Audio Axis, Inc.  Web site at least 60 days prior to any material change. For more information, see our Terms and Conditions of service. If you have any questions about this privacy statement, Audio Axis, Inc.  practices, or feel that your privacy has been compromised.