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Terms Of Use

Acceptance of Terms

This website, located at http://Authorization.PolkAudio.com (“Website”), is owned and operated by Web Services US LLC (“Site Operator”) as an authorized agent of POLK AUDIO (“POLK”) or its authorized agents or contractors.

This Website provides users with access to information and materials about POLK and its dealers and distributors. These materials may include information related to certain products and services ("Products and Services") offered by POLK The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about POLK, Products and Services, "Content"). This Website is intended for use only by users who are at least 18 years of age.

 

PLEASE NOTE: Your access to and use of this Website are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Website or any information, Content or Products and Services contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by POLK from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use this Website after such changes are posted. Unless otherwise indicated, any new Content, Products and Services added to this Website will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Website and these Terms of Use periodically for updates and changes.

If you have any questions about these Terms of Use, please contact POLK as indicated in the "Contacting POLK" section of this Policy.

Authorized Access Only; Confidentiality Obligations – Resellers of POLK ("Users") may, upon request from a User, be granted access by POLK to the password-protected portions of the Website (the "Portal"). For those individuals who are employees or agents of a User, by accessing the Portal, you represent and warrant to POLK that you are authorized by the User to access the Portal, and are entrusted by the User to provide information about the User. You agree to take all reasonable precautions to safeguard the confidentiality of the Content and all information accessed on the Portal (collectively, the "Portal Protected Information"), exercising at least a degree of care suitable for the sensitivity of such information. You agree to immediately notify POLK of any unauthorized use or disclosure of the Portal Protected Information, and to take all necessary actions to prevent use or disclosure of the Portal Protected Information in breach of these Terms of Use or applicable law.

Password Accounts, Passwords, and Security – When accessing the Portal, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify POLK of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. POLK will not be liable for any loss that you or your employer may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by POLK or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Limited License and Site Access; All Rights Reserved – POLK hereby grants you a limited license to access and make personal use of this Website and the Content, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of POLK (e.g., downloading of PDF forms, applications, dealer agreements, etc.). This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of POLK. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of POLK without POLK express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of POLK name(s) or service marks without the express written consent of their owners. The Site Operator or POLK (and/or its direct and indirect (through one or more intermediaries) parent entities, subsidiary entities and/or affiliated entities and/or the respective third party owners of Content) retains all right, title, and interest in this Website and any Content, features, Products and Services offered on this Website, including any and all intellectual property rights. POLK (or the respective third party owners of Content) reserves all rights not expressly granted. Any unauthorized use terminates the permission or license granted by POLK

Copyright – ©2013 POLK All rights reserved.

Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of POLK or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of POLK and is protected by U.S. and international copyright laws. POLK shall not be liable for any damages or claims arising out of or related to your use of the Content.

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of POLK or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by POLK Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. POLK does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. POLK is not responsible for any claims of ownership rights to any images or data against you. Any applicable license fee for such rights is not included in the purchase price of the Service. You will indemnify, defend and hold harmless POLK from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify POLK immediately by contacting us as indicated in the "Contacting POLK AUDIO" section of this Policy with all specifics necessary for POLK to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for POLK to act on your complaint.

Trademarks and Service Marks – Certain trademarks are the service marks and trademarks of POLK or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of POLK. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of POLK.

Ownership of information submitted via this Website – Any information you transmit to POLK via this Website, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will become the property of POLK. Any such information may be used for any purpose, including, without limitation, aggregation, reporting, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting, subject to the terms of POLK AUDIO Privacy Policy with respect to your personal and confidential business information. Subject to the terms of POLK AUDIO Privacy Policy, POLK shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to POLK via this Website or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and POLK reserves the right to change the access configuration of this Website at any time without prior notice.

Prohibited Use – Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by POLK to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by POLK, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Website, you agree you will not:

a) Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;

b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any POLK representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

g) Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;

h) Violate any applicable local, state, national or international law;

i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

j) Delete or revise any material posted by any other person or entity;

k) Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage in accordance with the Limited License and Site Access outlined above;

l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;

(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services if you are not expressly authorized by such party to do so;

(n) Harvest or otherwise collect information about others, including e-mail addresses; or

(o) Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.

POLK reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. POLK may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, POLK reserves the right at all times to disclose any information as POLK deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in POLK sole discretion.

Right to Monitor – POLK neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through this Website. However, POLK does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in POLK sole discretion, may be illegal, may subject POLK to liability, may violate these Terms of Use, or are, in the sole discretion of POLK, inconsistent with POLK purpose for this Website.

No POLK Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Website is provided by third party content providers or Users, POLK has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or Users on this Website are those of such third party suppliers or Users, respectively. POLK does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with POLK.

Links to Third Party Websites – This Website may contain hyperlinks to other sites owned and operated by parties other than POLK. Such hyperlinks are provided only for ready reference and ease of use. POLK does not control such websites and cannot be held responsible for their content or accuracy and does not endorse these sites unless POLK specifically so states. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by POLK, you acknowledge and agree that POLK is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. POLK accepts no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. POLK is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. POLK shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. POLK is not responsible for the privacy practices of any other websites.

Disclaimer – Content and other information contained on this Website has been prepared by POLK as a convenience to its Users and is not intended to constitute advice or recommendations upon which a User may rely. POLK has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by POLK. Users relying on Content or other information from this Website do so at their own risk.

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the relevant agreement between you and POLK for complete terms and conditions. Should you purchase a product or service from POLK or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of this Website does not affect that purchase in any manner.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND POLK AND THE SITE OPERATOR EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. NEITHER THE SITE OPERATOR NOR POLK MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT NEITHER POLK NOR THE SITE OPERATOR WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF CAMELBAK OR THE SITE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE SITE OPERATOR, POLK AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification – You agree to defend, indemnify, and hold harmless the Site Operator, POLK, its direct and indirect (through one or more intermediaries) parent entities, subsidiary entities and affiliated entities, and their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from this Website, your use of this Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

Notices – Any notices to you from POLK or the Site Operator regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail as POLK or the Site Operator determines, in its sole discretion.

Electronic Communications – When you visit this Website or send e-mails to POLK, you are communicating with POLK electronically. By using this Website, you consent to receive communications from POLK and its direct and indirect (through one or more intermediaries) parent companies, subsidiary entities and affiliated entities electronically. POLK will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that POLK provides to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by POLK electronically are deemed to be given and received on the date POLK transmits any such electronic communication as described in these Terms of Use.

General Provisions

Entire Agreement – These Terms of Use, the Privacy Policy, and other policies POLK may post on this Website constitute the entire agreement between POLK and you in connection with your use of this Website including, without limitation, the Portal, and the Portal Protected Information, and supersedes any prior agreements between POLK and you regarding use of this Website, including prior versions of these Terms of Use.

Governing Law; Jurisdiction; Venue; Severability of Provisions – The Terms of Use are governed by the laws of the State of Maryland, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to this Agreement shall be brought exclusively in the federal or state courts of Maryland and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms of Use apply to the maximum extent permitted by law. POLK and you both agree that if POLK and you cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part POLK and you cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

No Agency Relationship – Neither these Terms of Use, nor any Content, materials, features, or Products and Services of this Website create any partnership, joint venture, employment, or other agency relationship between POLK and you or the Site Operator and you. You may not enter into any contract on POLK or the Site Operator's behalf or bind POLK or the Site Operator's in any way.

Remedies – You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause POLK or the Site Operator irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to POLK or the Site Operator obtaining any injunctive or equitable relief that POLK or the Site Operator deems necessary or appropriate. These remedies are in addition to any other remedies POLK or the Site Operator may have at law or in equity.

Restricted Rights – The information that is downloaded from this Website for or on behalf of the government of the United States of America and/or its agencies (the "U.S. Government") is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.

Contacting POLK AUDIO

If you have any questions or concerns about these Terms of Use, please contact POLK at ContactHelp@PolkAudio.com  or at the mailing address provided below. POLK will attempt to respond to your questions or concerns promptly after POLK receives them.

POLK AUDIO

Attn: Vice President of Sales

5601 Metro Drive

Baltimore, MD 21215

These Terms of Use were last updated and posted on May13, 2013.


 
     

 
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