Welcome to the Laboratory Audio website. We maintain this web site as a
service to our visitors and customers. By using our site, you are agreeing to
following terms carefully. If you do not agree to these terms, you should not
review information or obtain goods or products from this site.
1. Acceptance of Agreement.
(“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the
entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
2. Intellectual Property; Limited License to Users
The Materials and Services on this Site, as well as their selection and
arrangement, are protected by copyright, trademark, patent, and/or other
intellectual property laws, and any unauthorized use of the Materials or Services
provided herein, Laboratory Audio and its suppliers do not grant any express or
implied rights to use the Materials and Services. You agree not to copy,
republish, frame, download, transmit, modify, rent, lease, loan, sell, assign,
distribute, license, sublicense, reverse engineer, or create derivative works
based on the Site, its Materials, or its Services or their selection and
arrangement, except as expressly authorized herein. In addition, you agree not to
use any data mining, robots, or similar data gathering and extraction methods in
connection with the Site.
The content, organization, graphics, design, audio, animation, video, compilation,
magnetic translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of the
Site, except as allowed by Section 4, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials.
4. Use of Software
The software and accompanying documentation that is made available to
download from this Site is the copyrighted by Laboratory Audio and/or its
suppliers. Use of the software is governed by the terms of the license agreement
that accompanies or is included with such software. Such terms are available for
review and are incorporated herein by this reference. You will not be able to
download or install any software that is accompanied by or includes a license
agreement unless you agree to the terms of such license agreement. If you do
not agree to such terms, you will not be able to use the software. Absent a
license agreement that accompanies the software, use of the software will be
engineer, or otherwise attempt to discover the source code of the software
available on the Site.
5. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive license for use solely by you
for your own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or incorporated into
any information retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution). Laboratory Audio reserves the
right to revoke the authorization to view, download, and print the Laboratory
Audio Content and User Content available on this Site at any time, and any such
use shall be discontinued immediately upon notice from Laboratory Audio. The
rights granted to you constitute a license and not a transfer of title.
6. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff
and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss,
claim and expense, including reasonable attorney’s fees, related to your violation
of this Agreement or use of the Site.
Your right to use the Site is not transferable. Any password or right given to you
to obtain information or documents is not transferable.
9. Disclaimer and Limits.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “ASIS,”
“AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE
FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU
FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE
EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES
10. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in any
Laboratory audio.com sends “cookies” to your computer when you access this
make the site easier to use for you, and in our marketing efforts. A cookie is a
small text file recorded on your hard drive that identifies you as a unique user
and contains certain information about your particular login session and/or your
use of the Service.
Laboratory Audio uses third-party advertising services to serve ads when you
visit our site and sites upon which we advertise (often referred to as “online
network advertising.”). This advertising technology uses non-identifiable
information about your visits to this site and the sites upon which we advertise
(not including your name, address or other personal information) to serve our ads
to you. In the course of serving our advertisements to you, a unique third-party
cookie may be placed or recognized on your browser.
You may manage and opt out of third-party cookie-based advertising by visiting
12. Third-Party Services.
We may allow access to or advertise third-party merchant sites (“Merchants”)
from which you may purchase certain goods or services. You understand that we
do not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered into
between you and Merchants. You agree that use of such Merchants is AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY
DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
13. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including any
16. Links to other Web Sites.
The Site may contain links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web sites are
not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
17. Information and Press Releases.
The Site contains information and press releases about us. While this information
was believed to be accurate as of the date prepared, we disclaim any duty or
obligation to update this information or any press releases. Information about
companies other than ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us.
This Agreement shall be treated as though it were executed and performed in
Los Angeles, CA, and shall be governed by and construed in accordance with
the laws of the State of California (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or any information,
products or services related thereto) must be instituted within one (1) year after
the cause of action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 6 and Section 8. The language in
this Agreement shall be interpreted as to its fair meaning and not strictly for or
against either party. All legal proceedings arising out of or in connection with this
Agreement shall be brought solely in Los Angeles, CA. You expressly submit to
the exclusive jurisdiction of said courts and consents to extra-territorial service of
process. Should any part of this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision.
Laboratory Audio is committed to protecting your privacy. You can visit most
pages on our site without providing any information about yourself. However, we
sometimes require information in order to provide services that you request, and
so the following privacy statement explains collection, dissemination and use of
your personal data in those situations. This information may be expanded or
updated as we change or develop our site. For this reason, we recommend that
you review this policy from time-to-time to see if anything has changed. Your
Laboratory Audio collects information on our users by your voluntary submissions
and through cookie technology. The information Laboratory Audio collects is
used in a variety of ways: for internal review; to improve the content of the site,
thus making your user experience more valuable; to notify you about updates; to
provide you information you have requested; and to let you know about our
products and services. By using our Web site, you consent to the collection and
19. Sales and Returns.
Due to the nature of installation and authorization of the purchased software,
Laboratory Audio does not accept returns. All sales are final.