Acceptance of Terms of Use.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. In Ear
Systems, Inc.(cheaproadcases.com) owns and operates this Web, located at http://www.cheaproadcases.com
(the Web site). This Terms of Use Agreement (this Agreement) states the terms
and conditions under which you may access and use the Web site. By accessing
and using the Web site you are indicating your acceptance to be bound by the
terms and conditions of this Agreement. If you do not accept these terms and
conditions, you must not access or use the Web site. IF YOU ARE DISSATISFIED
WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE
cheaproadcases.com OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING IT. Cheaproadcases.com may revise this Agreement at any time
by updating this posting. Use of the Web site after such changes are posted
will signify your agreement to these revised terms. You should visit this page
periodically to review this Agreement.
DISCLAIMER OF WARRANTIES.
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB
SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY
AT YOUR OWN RISK. cheaproadcases.com MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION
OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE,
RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION,
ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE
THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR
PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR
FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT
THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT
COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
LIMITATION OF LIABILITY.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL cheaproadcases.com, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF
OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS
OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH),
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY
EVEN IF cheaproadcases.com KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES.
IN NO EVENT SHALL cheaproadcases.com,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN
CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
EXCEEDING ONE HUNDRED US DOLLARS ($100) EVEN IF cheaproadcases.com HAS BEEN
ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL cheaproadcases.com,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF cheaproadcases.com OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
cheaproadcases.com EXPRESSLY DISCLAIMS
ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY
USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY,
THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL cheaproadcases.com AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE
(INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE
ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF
ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE,
CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED
TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY
LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB
SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE cheaproadcases.com
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS
AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES
MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.
No Advice.
The information contained on the Web site is for informational purposes only.
It is not intended to provide legal, accounting, tax, investment, financial,
medical or other advice to you, and you should not rely upon the information
to provide any such advice.
Linking.
The Web site contains links to third-party web sites. These links are provided
solely as a convenience to you and not as an endorsement by cheaproadcases.com
of the contents of such third-party web sites. cheaproadcases.com is not responsible
for the content of any third-party web site, nor does it make any representation
or warranty of any kind regarding any third-party web site including, without
limitation (i) any representation or warranty regarding the legality, accuracy,
reliability, completeness, timeliness, suitability of any content on any third-party
web site; (ii) any representation or warranty regarding the merchantability
or fitness for a particular purpose of any material, content, software, goods
or services located at or made available through such third-party web sites;
or (iii) any representation or warranty that the operation of the third-party
web sites will be uninterrupted or error free, that defects or errors in such
third-party websites will be corrected or that such third-party websites will
be free from viruses or other harmful components.
While cheaproadcases.com encourages
links to the Web site, it does not wish to be linked to or from any third-party
web site which (i) contains, posts or transmits any unlawful, threatening, abusive,
libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information
of any kind, including, without limitation, any content constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, provincial, national or international
law, regulation which may be damaging or detrimental to the activities, operations,
credibility or integrity of cheaproadcases.com or which contains, posts or transmits
any material or information of any kind which promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual, could be harmful
to minors, harasses or advocates harassment of another person, provides material
that exploits people under the age of 18 in a sexual or violent manner, provides
instructional information about illegal activities, including, without limitation,
the making or buying of illegal weapons; or (ii) contains, posts or transmits
any information, software or other material which violates or infringes upon
the rights of others, including material which is an invasion of privacy or
publicity rights, or which is protected by copyright, trademark or other proprietary
rights. cheaproadcases.com reserves the right to prohibit or refuse to accept
any link to the Web site, including, without limitation, any link which contains
or makes available any content or information of the foregoing nature, at any
time. You agree to remove any link you may have to the Web site upon the request
of cheaproadcases.com.
Online Commerce.
The Web site may allow you to purchase many different types of products and services
online that are provided by cheaproadcases.com (the Wares and Services). When ordering
Wares and Services on the Web site, you must provide complete and accurate personal
information consisting of your name, address, telephone number, e-mail address,
credit card information and shipping address, as well as any other information
requested.
Your receipt of an electronic form or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of our
offer to sell. Your submission of an order to us shall be deemed to constitute
an offer to purchase, which shall remain open for a reasonable time, unless we
agree otherwise, and will be deemed to be accepted by us only upon shipment of
the Wares and Services. cheaproadcases.com, in its sole discretion, reserves the
right at any time after receipt of your order, without prior notice to you, to
supply less than the quantity you ordered of any item. cheaproadcases.com, in its
sole discretion, reserves the right at any time after receipt of your order, to
accept or decline your order for any reason.
You acknowledge and agree that the
price of the Wares and Services is subject to change without notice and that
the Wares and Services are subject to availability. The sale of the Wares and
Services is void where prohibited by law. cheaproadcases.com, in its sole discretion,
shall have the right, at any time after receipt of your order, to decline your
order for any reason. In the event that the Wares and Services are listed at
an incorrect price, due to a typographical error or an error in pricing information,
cheaproadcases.com, in its sole discretion, shall have the right at any time after
receipt of your order, to decline your order.
The Web site may allow you to purchase
many different types of products and services online that are provided by third
parties (the Third-Party Merchandise). cheaproadcases.com is not responsible for
the legality, quality, accuracy, timeliness, reliability or any other aspect
of any Third-Party Merchandise. If you make a purchase from a third-party web
hosted by the Web site or linked from the Web site, the information obtained
during your visit to any third-party web site and the information that you give,
such as your credit card number and contact information, is collected by the
third-party web site and not by cheaproadcases.com.
You release cheaproadcases.com and
its officers, directors, employees, agents and their respective successors and
assigns from any damages that you incur, and agree not to assert any claims
against them, arising from your purchase or use of the Wares and Services or
Third-Party Merchandise made available on the Web site or by third-party web
sites through the Web site.
Registration.
To use certain features of the Web site, you may be asked to register with the
Web site. You agree (i) to provide true, accurate, current and complete information
about yourself as prompted by any registration form; and (ii) to maintain and
promptly update the information you provide to keep it true, accurate, current
and complete. If cheaproadcases.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, cheaproadcases.com
has the right to suspend or terminate your access to and use of the Web site (or
any portion thereof). cheaproadcases.com's use of any personally identifying information
you provide as part of the registration process is governed by the terms of cheaproadcases.com's Privacy Policy.
Termination.
cheaproadcases.com may at any time, without notice, in its sole discretion and without
cause, terminate your right to access or use the Web site, (or any portion thereof).
cheaproadcases.com may also terminate your right to access and use the Web site,
or any part of the Web site, if you breach any term or condition of this Agreement.
Governing Law and Jurisdiction.
The Web site (excluding linked Web sites) is controlled by cheaproadcases.com
from its offices within the State of Tennessee in The United States of America.
By accessing or using the Web site, you agree that all matters relating to your
access to, or use of, the Web site and/or the Content shall be governed by the
laws of the State of Tennessee United States of America, without regard to the
conflict of laws principles thereof. You agree and hereby submit to the non-exclusive
jurisdiction of the Federal Court of The United States and/or the courts of
the State of Tennessee with respect to such matters. You agree that the provisions
of the United Nations Convention on Contracts for the International Sale of
Goods shall not apply.
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