Terms and Conditions

Introduction

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This Agreement contains the complete terms and conditions that apply to Power Sound Audio LLC’s customers and visitors and the activities they will participate in while visiting our website http://www.powersoundaudio.com (the “Site”). The terms “you”, “your”, and “yours” refer to anyone viewing, browsing, accessing or using the Site. The terms “we”, “us”, “our”, “Power Sound Audio” refer to Power Sound Audio LLC, its affiliates and subsidiaries. By using or shopping from this Site, you agree to be bound by its terms and conditions and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the content provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you. Agreement posted on the Site reflects the latest agreement and you should carefully review same before you use our Site.

Copyright

All information (the “Content”), including but not limited to, text, graphics, data, software, photographs, graphs, videos, logos, button icons, code, audio clips, video clips, digital downloads, and other material contained on the Site are the exclusive property of Power Sound Audio LLC. All Content on the Site is protected under all applicable foreign and domestic copyright and trademark laws.

Trademarks

All trademarks, service marks, trade names, and other marks which may not have a designation, are registered, pending, or unregistered trademarks or service marks of Power Sound Audio LLC, in the United States and other countries. All other trademarks or service marks not owned by Power Sound Audio LLC that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Power Sound Audio LLC.

Use of Site

You are prohibited to do the following acts or permit any other third parties to do any of the following: (a) use our Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Sites; (b) download (other than page caching) or modify the Site or any portion of it without our express, prior written consent; (c) resell or commercial use of the Site or its Content; (d) download or copy account information for another merchant; (e) use data gather and extraction tools, such as, robots, screen scraping software or data mining software; (f) upload, post, publish, transmit, reproduce, distribute, duplicate, copy, sell, resell, visit, or otherwise exploit any material from the Site which is protected by copyright or other proprietary right for any commercial purposes without our express, prior written consent; (g) use any meta tags or any other “hidden text” using our name or trademarks without our prior, written consent; (h) post or transmit any harassing, unlawful, obscene, threatening, abusive, libelous, defamatory, pornographic, or profane information in any manner or form on the site, including via email, chat, product reviews, or blog posts; (i) impersonate others, including but not limited to Power Sound Audio LLC employees, other licensed employees, host, representative, or other visitors of the Site; (j) use the Site to solicit others to join or become members of any other commercial service or organization.

The Site is not intended for or directed to minors (typically persons under the age of 18, depending on your location). By purchasing products from us or providing us with any information, you verify that you are legally permitted to enter into a binding contract.

About Us

The Site is operated by Power Sound Audio LLC. Our headquarters are located at 1330 Seaborn Street, Suite 2, Mineral Ridge, OH 44440, USA.

Discrimination

We do not discriminate on the basis of nationality, age, race, gender, sexual orientation or religion.

Privacy

In addition to these Terms and Conditions we also have a Privacy Policy that governs your visit to this site. The Terms and Conditions will govern if there is a conflict between the Privacy Policy and these Terms and Conditions.

Warranty Disclaimer and Limitation of Liability

The Site is provided “AS IS” and “as available” and without warranties of any kind, whether expressed or implied. Neither Power Sound Audio LLC, nor its Associates warrant that the use of the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. To the fullest extent permissible pursuant to applicable law, Power Sound Audio LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Power Sound Audio makes no warranty or representations regarding the use of the materials from the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. No oral advice or written information provided by Power Sound Audio or its associates shall create a warranty. You agree that your viewing of, access to, browsing, visiting or use of the Site is at your sole risk. You agree to not hold Power Sound Audio liable for any direct, indirect, incidental, special, or consequential damages that may result from the use of or inability to use the Site, including but not limited to reliance by a user on any information acquired at the Site, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Power Sound Audio records, programs or services. The forgoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortuous action; or an action in equity, even if an authorized representative of Power Sound Audio has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, products and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. The products on our Site are intended for specific uses and or applications. You assume the risk when purchasing products for any use that does not comply with the intended use and or application of said product.

Disputes

Any dispute relating in any way to your access or visit of the Site, to these Terms and Conditions, to our Privacy Policy, to our advertising or solicitation practices or to the products you purchase through the Site shall be submitted to binding and confidential arbitration in Trumbull County, Ohio, USA, except that, to the extent you have in any manner violated or threatened to violate Power Sound Audio’s intellectual property rights, Power Sound Audio may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

Applicable Law

By accessing the Site, you agree that the laws of the state of Ohio, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort between you and Power Sound Audio.

Policies, Changes and Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that Term and or Condition shall be deemed severable and shall not affect the validity or enforceability of any remaining Term and or Condition. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. Any rights not expressly granted herein are reserved.

Prices, Payment and Availability

Prices and availability of products are subject to change without notice. We will verify prices as part of our processing procedures. If a product’s price is less than our stated price, we will charge the lower amount when processing your order. If a product’s price is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of the cancellation. We are under no obligation to provide the product at the incorrect (lower) price. Occasionally, you may be able to submit and order for processing, only to have your order cancelled due to unavailability of the product. You agree that we may retract our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

You agree to pay the full price for all products you purchase from the Site. For any products purchased from the Site, we reserve the right to charge extra charges to your credit card, PayPal or Google Checkout account. You are responsible for the timely payment of all fees and for providing us with valid credit card, PayPal or Google Checkout account information for payment of all fees.

Indemnification

You agree to indemnify, defend and hold harmless Power Sound Audio LLC, its owners, partners, officers, directors, employees, agents, licensors, suppliers, and any third party information provider to the Site from and against all damages, loses, expenses and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions (including negligent or wrongful conduct) by you or your use and access of the Site.

Third Party Links

To better serve our customers, Power Sound Audio may provide links to websites operated by third parties. If you decide to visit any linked third party website, you will do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other harmful materials. Power Sound Audio has no control over these sites and are only provided for your convenience and therefore you access them at your own risk.

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