Terms & Conditions

The following are terms of a legal agreement between you and Summit Audio, Inc., (“Summit Audio”). By accessing, browsing, or using the www.Summit Audio.com website (“Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“TOU”), as well as our Privacy Policy (“Policy”), and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to the TOU, Policy or any future updates thereto that may occur from time to time, please do not use this Site. Summit Audio reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages on the Site.

Description of Services:

Through this Site, Summit Audio provides you with access to a variety of resources, including technical support, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Site properties, are subject to the TOU.

Use of Site:

You may view, copy, print and use content contained on this Site solely for your own personal use provided that: (1) the content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; and (3) no graphics made available to you from this Site are used, copied or distributed separate from the accompanying text. (In certain cases, we may permit you to download certain software applications, such as wallpaper or screensavers from the Site. If you elect to do so, you must keep intact all Summit Audio copyright and proprietary rights. Anything you download from the Site with our permission is under a grant of license; we do not transfer title to the software to you. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Summit Audio or any third party, except as expressly provided herein.

You agree that when using the Site, you will not:

· Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

· Publish, post, upload, distribute, disseminate, or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or violate any law.

· Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

· Use any material or information, including images or photographs, which are made available to you through your use of the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

· Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Services specifically allow such messages.

· Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

· Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in any file that is uploaded.

· Restrict or inhibit any other user from using and enjoying the Services.

· Violate any code of conduct or other guidelines which may be applicable for any particular Service.

· Harvest or otherwise collect information about others, including e-mail addresses.

· Violate any applicable laws or regulations.

· Create a false identity for the purpose of misleading others.

· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Summit Audio has no obligation to monitor the Services. However, Summit Audio reserves the right to review materials posted to the Site and to remove any materials in its sole discretion. Summit Audio reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever, it its sole discretion.

Summit Audio reserves the right at all times to disclose any information as Summit Audio 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 Summit Audio’s sole discretion.

Submissions:

Summit Audio appreciates hearing from our customers and we welcome your comments regarding our products and Services, including our on-line services. However, Summit Audio’s company policy prohibits us from accepting unpatented ideas, advertising or marketing suggestions, patent applications, models, photos, prototypes, or any information, written or oral, which you the submitter, regard as confidential (collectively referred to as "Unwanted Submissions"). Summit Audio values your feedback on our services and products and we request that you be specific in your comments about those services and products, and that you do not submit any Unwanted Submissions. If, you send certain specific submissions (e.g., if you share a story with us, participate in chats, or post a message at a message board) or, despite our request that you not send us Unwanted Submissions, you decide to send such Unwanted Submissions to Summit Audio, such Unwanted Submissions shall be deemed, and shall remain, Summit Audio property upon receipt. Summit Audio shall not be subject to any obligation of confidence with regard to such Unwanted Submissions, and Summit Audio shall not be liable for any use or disclosure of any such Unwanted Submissions. Without limitation of the foregoing, Summit Audio shall exclusively own all now known or hereafter existing rights to such Unwanted Submissions of every kind and nature throughout the universe and shall be entitled to the unrestricted use of such Unwanted Submissions for any purpose whatsoever, commercial or otherwise, without the permission of and without compensation to the submitter of such Unwanted Submissions.

Any communication or material you post or transmit to Summit Audio over the Internet is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to this Site, you agree that Summit Audio or any of its affiliates may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast, and posting.

No Unlawful or Prohibited Use:

As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Summit Audio server, or the network(s) connected to any Summit Audio server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Summit Audio server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Trademarks:

All trademarks, trade names, logos, copyrights, and service marks (collectively “Marks”) appearing on this Site, except as otherwise noted, are trademarks owned or used under license by Summit Audio in the territories where Summit Audio markets products bearing such Marks. The use or misuse of these trademarks or any other content on this Site, except as provided in these TOU or in the Site content, is strictly prohibited.

Nothing contained on the Site shall be construed as granting, by implication or otherwise, any license or right to use any Summit Audio Mark without Summit Audio’s prior written consent.

Intellectual Property Rights:

The Marks and all other source identifying names and graphics displayed on this Site, and this Site and all of its contents including, but not limited to, all text, images and audio (collectively, the "Intellectual Property"), are owned and copyrighted by Summit Audio or others with all rights reserved unless otherwise noted. Summit Audio does not permit the use of its Intellectual Property in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without Summit Audio’s prior express written permission. Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use the Intellectual Property without the prior express written permission of Summit Audio or such other third party that may own the Intellectual Property. Your use of the Intellectual Property, or any other content on this Site, except as provided in the TOU, is strictly prohibited. You are also advised that Summit Audio and/or its licensee(s) will aggressively enforce intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Product Information:

The Summit Audio products (“Products”) which may be sold on our Site may also be available in a variety of musical instrument stores and other retail outlets. Prices quoted for Products are in U.S. dollars only and are valid and effective only in the United States.

Disclaimer of Warranty:

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SUMMIT AUDIO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, SUMMIT AUDIO MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability:

IN NO EVENT WILL SUMMIT AUDIO BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY WEB SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SUMMIT AUDIO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Indemnification:

You agree to indemnify, defend and hold harmless us, our affiliates, parents and subsidiaries from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of the TOU; and (ii) your activities in connection with this Site.

Jurisdiction:

This Site is intended for use by and directed to the residents of the United States. All trademark notices, advertising and claims contained in this Site are valid only in the United States. Any legal issues arising in connection with this Site shall be governed by and construed in accordance with the laws of the State of Louisiana, United States of America.

Please note that the laws and regulations in different countries impose different requirements on the Internet and personal data protection. Summit Audio is located in the United States, as are the servers that make our Site available worldwide. All matters relating to our Sites are governed by the laws of the State of Louisiana in the United States. If you are located outside of the United States, you understand that any information you provide will be transferred to the United States, which may not have privacy laws similar to those in your own country, and that by submitting the information you authorize this transfer.

Technology and Settings

Summit Audio is optimized for monitor displays set to a screen resolution of 1024x768 or greater and 16-bit colors.

To appreciate all the features of the Site, it may be helpful to download certain free software applications. Our Site also features elements that use the Macromedia Flash plug-in. With Adobe Acrobat, you can view our technical docs. Please note that your choice to download any external free (or otherwise) software applications will be at your own risk.

Please see Summit Audio’s Privacy Policy for additional terms and conditions related to the use of your Personal Information.

Your failure to comply with the terms and conditions and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.