Please read the following terms and conditions of use (the “Terms and Conditions”) which govern your use of, and access to, the “Website” located at http://www.warmaudio.com, including your relationship with Warm Audio, its affiliates and subsidiaries, and all individuals and companies associated with this Website, including their successors in interests and assigns (collectively referred to as “Warm Audio” or “We”). Your use of this Website means that you accept and agree to the Terms and Conditions. These rights granted to the User are non-exclusive, personal, non-transferable, revocable and limited to the User concerned. If you do not agree, do not use this website.
We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Website. By using the Website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
If you do not have legal capacity to enter into the agreement created by these Terms and Conditions, you cannot use the website unless and until Warm Audio receives the consent of your parent or legal guardian.
Warranty Disclaimer: By using the Website, including any software and content contained therein, you agree that your use of the Website is entirely at your own risk. The Website is provided to you as a convenience to provide information relating to, and to discuss, Warm Audio products and related resources, but we do not guarantee the accuracy or completeness of such information. THE Website IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SOFTWARE, TOOLS, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE WEBSITE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: 1. ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, USEFULNESS, CONTENT, TIMELINESS, OR SECURITY OF INFORMATION; AND 2. ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Website IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WARM AUDIO THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Limitation of Liability: NEITHER WARM AUDIO NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR WEBSITE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WARM AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF 1. YOUR USE OF THE WEBSITE, 2. INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE 3. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND RESULTING FROM ANY GOODS, DATA, INFORMATION OR PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE WEBSITE, 4. UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA, 5. STATEMENTS OR CONDUCT OF WARM AUDIO OR ANY THIRD PARTY, OR 6. OUT OF ANY BREACH OF ANY WARRANTY.
Third Party Provided Content: Certain information contained on this Website, as well as reference materials or links to other sites, are provided for general informational purposes only, and are not intended to be relied upon for any purpose. Neither Warm Audio nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon, nor does Warm Audio warrant that the content is accurate, complete or truthful. It is your responsibility to evaluate, assess, and bear any risk, associated with the use of any content. Warm Audio is not liable for any content, including but not limited to any errors or omissions in any content or for any loss, damage or injury of any kind resulting from your, or any other party’s, use of content distributed or otherwise made available.
Miscellaneous: We reserve the right to change any information on this Website, including but not limited to terminating or revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Website, if any, may provide you with access to third party websites for which we assume no responsibility of any kind for the content, availability or otherwise. The content of this Website may vary depending upon your browser functionality and limitations.
You and Warm Audio each agree to submit to the personal and exclusive jurisdiction of the courts located within Austin, Texas. The Terms and Conditions and the relationship between you and Warm Audio shall be governed by the laws of Texas, without regard to its conflict of law provisions. Notwithstanding the foregoing, you agree to comply with all local rules, in whatever jurisdiction, including those outside of Texas, regarding online conduct and the use of personal information. You further agree to comply with all applicable laws regarding the transmission of data exported from the country in which you reside and from which your access originated.
The failure of Warm Audio to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
All company names, product names and logo marks mentioned in this website are registered trademarks or trademarks of Warm Audio or their respective owners.