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Welcome to www.bmaudio.com, www.bmaudiolabs.com, www.bmboschmann.com, www.boschmann (collectively or individually hereinafter “SITE”, “WEBSITE”), all of which represent the official website(s) belonging to, and operated by BM Audio Labs, Inc., its holding companies and subsidiaries (collectively or individually hereinafter “BM AUDIO LABS”, "BM AUDIO", “we”, “our”, “us”). Our WEBSITE offers to you information and resources about BM AUDIO, such as our business, our products, our policies, our services for our business partners, other general tools and services, sale offers about BM AUDIO products as well as other related information (all such information collectively or individually hereinafter “SERVICE”, SERVICES”).
AGE AND CONSENT
DISTRIBUTOR LOGIN SERVICE AND USER ACCOUNT REGISTRATION
CONTENT POLICY ON SUBMISSIONS
UNSOLICITED IDEA SUBMISSION POLICY
TECHNICAL FILES, FIRMWARE AND THIRD PARTY SOFTWARE
INTELLECTUAL PROPERTY AND LICENSE RESTRICTIONS
COMPETITION, GIVEAWAYS AND SPONSORSHIPS
LINKS TO THIRD PARTY WEBSITES
LINKING TO THIS SITE
TYPOGRAPHICAL ERRORS AND OBSOLESCENCE
LIMITATION OF LIABILITY
DISPUTES AND RESOLUTION
CLASS ACTION WAIVER
a) Legal Capacity of Representation. You may use the SERVICES only in compliance with these TERMS. You may use the SERVICES only if you have the legal power to form a contract with BM AUDIO and are not barred under any applicable laws from doing so. If you are using the SERVICES on behalf of an organisation then you are agreeing to these TERMS for that organization and are warranting that you have the authority to bind that organization to these TERMS. In that case "you" and "your" will refer to that organization.
b) Change or Disruption in Services. Some or all of the SERVICES may not be present or accessible over time without notice. We may modify, replace, suspend, terminate or cancel any part of the SERVICES if for any reason (including unexpected technical interference or a breach of these TERMS) it cannot conduct any part of the SERVICES as reasonably anticipated or if the SERVICES are deemed exposed to compromise. We may stop, suspend, or modify the SERVICES at any time without prior notice to you. We may also remove any content from our SERVICES at our discretion.
Persons of any nationality or sex may access the WEBSITE, but none of the WEBSITE is intended for browsing by persons under the age of thirteen (13). In compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts. If you submit information on the WEBSITE, you represent and certify that you have the legal capacity and authority to do so, and that your use of the WEBSITE will not violate any law or regulation.
a) Registration for LOGIN
1.1 ACCOUNT Registration and Rights of Access:
By registering here and creating your distributor ACCOUNT, you can access restricted USER SERVICES designated for distributors only without having to register for each SERVICE separately. Rights of access (“RIGHTS”) to USER SERVICES within the ZONE may be different for USERS with different partnership type with BM AUDIO. USER SERVICES designated for availability of access to USERS who are wholesalers may not be available to USERS who are resellers or retailers. Similarly, SERVICES designated for availability of access to USERS who are retailers or resellers may not be available to USERS who are guests or end-users. BM AUDIO will grant, sub-divide or restrict RIGHTS to any USER at any time according to our discretion. If a USER SERVICE you wish to subscribe to has additional terms and conditions, those terms will apply and you will be asked to accept these separately.
1.2 Entering Information for D.L.S.:
1.3 Safeguarding User Name and Password:
When you have been granted access to use the USER SERVICES, you may be provided with a user name and password(s) to access the ZONE. You warrant that it is your full responsibility to safeguard your user name and password. You accept responsibility for all consequences that arise from, or during the use of the USER SERVICES which occurred through access using your user name and password. You will promptly notify BM AUDIO if you become aware of any unauthorized use of your user name and password. In this respect, you will keep your account username and password safe, and will not share them with anyone who is not authorized to use it. You commit to access and use the USER SERVICES in good faith only and in accordance with these TERMS and all applicable sub-terms and law.
1.4 Criteria for MEMBERSHIP:
BM AUDIO will only issue MEMBERSHIP for applicants who have fulfilled the pre-requisite distributor conditions. You are fully and solely responsible for the complete accuracy of the information you provide to us with respect to these conditions. When you provide or post information on the registration form, you agree to provide true, accurate and current information and to promptly update us such information to keep it true, accurate and current. If you provide any information that is (or BM AUDIO reasonably believes to be) untrue or inaccurate, BM AUDIO may edit, remove or reject such information and decline your application, or suspend or terminate your access to your existing ACCOUNT at any time.
2.2 BM AUDIO may establish standard practices and limits regarding the use of the ZONE, including the type of content permitted, maximum number of days content is displayed, accessible or retained by BM AUDIO or the maximum number of e-mails an ACCOUNT may send or receive and the maximum disk-space allotted to each USER. BM AUDIO will have no liability for the preservation or deletion of any content or personal information maintained by the WEBSITE or otherwise provided by USER to BM AUDIO through use of the ZONE. The WEBSITE reserves the right to modify its usage and storage of content and information from time to time.
2.3 You can update your PROFILE, personal details (including your ACCOUNT and marketing preferences) by accessing your ACCOUNT at your PROFILE page and making any necessary changes; this will update your details across all SERVICES that you have subscribed to. All information entered into the PROFILE must be accurate and should represent actual information about the USER’s business and contact. BM AUDIO shall not be responsible for any errors or loss in communication, or delivery of documentation or products due to inaccurate information provided or updated in the PROFILE by distributors.
2.4 USER SERVICES related system notifications can be delivered to the USER in a number of modes, and the adequate mode will be set by the administrator of the SITE. The default delivery mode is by e-mail. Other modes that may be used are internet messaging applications, internet social networking applications, short messaging service (SMS), facsimile or surface mail. All third-party messaging service software is not provided by the WEBSITE. It is the USER’s choice to install the third-party software adopted by WEBSITE or otherwise, but BM AUDIO shall not be responsible for their installation including their fitness, defects or inoperability.
c) Termination and Expiry
3.2 Your ACCOUNT is automatically given an active period of twelve (12) months from the date of issue to you. Your ACCOUNT will remain valid within this active period and you will enjoy all the privileges that are accorded with your RIGHTS. We will send you an e-mail thirty (30) days prior to the expiration date to remind you to extend your MEMBERSHIP. If we do not receive any application to extend your expired MEMBERSHIP on the final reminder, and your ACCOUNT extension has not been successfully approved, your ACCOUNT will be automatically closed and cease to be active immediately on its expiration date. As a USER, you may also choose to deactivate your ACCOUNT at any time during the active period of your ACCOUNT. To deactivate your ACCOUNT please contact email@example.com.
a) Definition. USER content (“CONTENT”) refers to any information that you submit to the WEBSITE voluntarily or otherwise via any of the online forms provided in the SITE or through e-mail to us, which may include, but not limited to graphic images, digital photographs, video clips, music clips, illustrations, drawings, text, opinions or commentary. You are solely responsible and liable for the CONTENT. You warrant that you own the copyright to all such CONTENT, including the rights to post or submit them to us through the SITE. Your posting of CONTENT and acceptance/receipt of CONTENT by the SITE shall not be represented as endorsement of any part of CONTENT by BM AUDIO.
b) License. By posting, submitting or uploading CONTENT to the WEBSITE or to BM AUDIO by electronic, air or surface mail, you grant BM AUDIO a non-exclusive, non-revocable, royalty free, worldwide and perpetual right to use any part of your posted information and CONTENT in any manner or media now existing or hereafter developed, including the right to adapt, modify, edit, decompile, distribute, create derivative works, sub-license, assign, commercialize and otherwise exploit without any compensation due to submitter, including the use of any trademarks/service marks/ trade names/copyrighted material incorporated in the CONTENT, which right shall survive any termination of your license to use this WEBSITE or ability to post CONTENT hereto.
c) Copyright. You agree not to use the WEBSITE to upload, collect or display CONTENT that violates any third party rights, including intellectual property right, privacy right, copyright, trademark, patent or trade secret; nor any content which may afflict minors in any way; nor any content that is unlawful, threatening or abusive, defamatory, discrediting, harmful, mischievous, vulgar, misleading, pornographic, sexually explicit, obscene, graphically violent, or which promotes political, racism, religious extremism or hatred; nor any CONTENT which is in violation of any law or regulation, or third party restriction. You are solely responsible for your interaction with other users of this WEBSITE, whether online or offline, and BM AUDIO is not responsible for any loss or damage relating to such interaction.
d) Malware. Further, you may not upload, e-mail, supply or transmit to the WEBSITE or BM AUDIO any unsolicited advertisements or messages (spam), distributed denial of service attacks (DDOS), computer viruses, malware, worms, or malicious files or content. You may not create undue burden on servers or computing resources connected to the WEBSITE. Responsibility lies with you to ensure your CONTENT is free from corruption, damage, or infection of malicious code, computer viruses, spyware, Trojans, or other potentially harmful codes that may destabilize the SITE.
e) Integrity. Your CONTENT should include updated and accurate information, allowing for the proper and normal operation by BM AUDIO or our other affiliated sites that you upload them to. You also warrant that the information expressed, conveyed, depicted, portrayed, and contained in the CONTENT is true, accurate or current or otherwise not false, misleading, inaccurate, fraudulent, deceptive or illegal. You agree to include the CONTENT’s accuracy and completeness as well as disclosure of your CONTENT that makes you, or third party, identifiable.
f) Publicity. After you submit or post your CONTENT to the SITE, your CONTENT may be read or seen by other users of the SITE, our affiliated websites or third-party websites, or in public. You are fully aware of the risks of your CONTENT being used outside your expectations or wishes, including but not limited to CONTENT being downloaded, copied, modified, re-shared or re-distributed in other formats on other sites. BM AUDIO is not responsible for any actions or consequences that arise to the CONTENT after you submit it to the WEBSITE, our affiliated websites or any third-party websites affiliated to us.
g) Backup. BM AUDIO may not necessarily open, read, review, screen or store all CONTENT that you or other users post to the WEBSITE or our affiliated websites. We may modify or delete any CONTENT without requiring your permission or serving you notice. Submission of CONTENT constitutes your consent to allow us to store CONTENT, including your personal information on our computers. We are not obligated to backup any CONTENT we receive. CONTENT submitted to BM AUDIO through the WEBSITE or any part thereof may be lost, damaged, modified or deleted either intentionally, or unintentionally. You are solely responsible for creating backups, maintaining and protecting all your CONTENT. BM AUDIO will not be liable for any loss or corruption of your CONTENT, or for any costs or expenses associated with backing up or restoring any of your CONTENT.
You also agree to observe and follow the following CONTENT posting and submission rules:
· You will not impersonate anyone else.
· You will not post any CONTENT that includes information that is false, misleading, inaccurate, fraudulent, religious, political, deceptive or that promotes forms of commercial or illegal activity.
· You will not post your personal information or solicit any personal information from other users of the WEBSITE.
· You will not post any CONTENT or information in violation of any laws or regulations.
· You will not insult, bully or flame any other users of the WEBSITE.
· You will not post CONTENT that is that is offensive, libellous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.
· You will post only constructive information.
· You will not speculate or post rumours about BM AUDIO, BM AUDIO's products or any other user.
· You will not post CONTENT that you do not own or control all rights to. You are fully and solely responsible for all CONTENT that you post.
BM AUDIO will not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should BM AUDIO's business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas submitted or offered to us. Please do not send your unsolicited ideas to BM AUDIO or any shareholders, directors or employees at BM AUDIO. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, e-mail, letter, or other transmission may say, (1) your idea will automatically become the property of BM AUDIO, without any compensation to you; (2) BM AUDIO will have no obligation to return your idea to you or respond to you in any way; (3) BM AUDIO will have no obligation to keep your idea confidential; and (4) BM AUDIO may use your idea for any purpose whatsoever, including giving your idea to others.
Compromising the security of the Website is prohibited and may result in criminal and civil liability. BM AUDIO may investigate security-compromising activities and will contact and cooperate with law enforcement if a crime has possibly occurred. By way of illustration, BM AUDIO deems the following activity as attempts to compromise the security of the WEBSITE: unauthorized access to the ZONE, unauthorized access to information on BM AUDIO's server computer or systems such as probes, scans, or vulnerability tests of the WEBSITE, bypass or circumvention of the WEBSITE's authentication measures, interfering with SERVICES to any end user, interfering with or tampering with the WEBSITE's host computer or network facilitating any connection with or to the WEBSITE, sending unsolicited e-mails, such as promotions or advertisements for products or services to BM AUDIO or any of the users of this WEBSITE, attempts to overload BM AUDIO's host computer or network, altering or cloning packet headers, e-mail headers or message headers. You agree not to use any device, software or other means to interfere or attempt to interfere with the proper working of this WEBSITE or any activity being conducted hereon. You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this WEBSITE, except the search engine and search agents made available by BM AUDIO on this WEBSITE or other generally available third party web browsers (e.g., Safari, Microsoft Internet Explorer, Google Chrome, or Mozilla Firefox).
The SITE may provide technical documents, inventory reports, product catalogues, client software package and product software updates (collectively hereinafter “SOFTWARE”) which may be downloaded for viewing or application on the specified BM AUDIO product(s). Any SOFTWARE available for download via the SITE is the copyrighted work of BM AUDIO and/or its licensors.
a) EULA. Use of such SOFTWARE is governed by the terms of the provided End User License Agreement (“EULA”) that accompanies or is included with the SOFTWARE. Downloading, installing, and/or using any such SOFTWARE indicates your acceptance of the terms of the EULA. SOFTWARE may only be copied for personal and non-commercial use on the specified BM AUDIO products only. With this limited authorization, you agree that any copy of the documents downloaded from this WEBSITE shall retain all copyrights and trademarks.
b) Personal Use. All SOFTWARE restricted to personal use only. Product software updates can be used only by the owner of the specified and applicable BM AUDIO product. You are not allowed to copy, redistribute, license or sub-license product software updates. If you do not own the aforementioned BM AUDIO product, then you are not allowed to download, install, copy or use product software updates. BM Audio only grants you a limited, non-exclusive, non-transferable, revocable license to use the update files for use on genuine BM AUDIO products only. Your license to use SOFTWARE is automatically revoked if you violate these TERMS in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these TERMS. You must not reverse engineer or decompile such software, nor attempt to do so, nor assist anyone else to do so.
c) Update. Product firmware updates may first be notified to you before their installation. We will continue to incorporate prior notification or request before every update. However, depending on the version of the software, some of our SERVICES may inevitably update existing SOFTWARE on your connected device automatically without notice when a newer or updated version is available. Your use of any SOFTWARE shall constitute your acknowledgment and acceptance of this. BM AUDIO is not responsible for the fitness, accuracy, content and availability of any SOFTWARE updated.
d) Warranty. The Support services of the SITE only provides download as a service to users and does not provide warranty of any kind for its SOFTWARE. The SITE cannot and does not guarantee or warrant that SOFTWARE available for downloading through the SITE will be free of infection by software viruses or corruption by other harmful computer code, files or programs. You agree that your use of the SOFTWARE and any services relating to the SOFTWARE is entirely at your own risk. BM AUDIO shall not be responsible for any direct, indirect, incidental or consequential loss or inaccuracy resulting from the use of the SOFTWARE or inability to access and use them.
e) Export. You acknowledge that items made available on this WEBSITE may include technology or SOFTWARE that is subject to customs and export control laws and regulations. By purchasing, downloading or using technology or SOFTWARE from this WEBSITE, you agree to comply with all applicable laws and regulations, including the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you shall not transfer the SOFTWARE or technology to a foreign national or a foreign destination in violation of such laws, rules and regulations.
Individuals may be offered the opportunity as end-users to participate in contests, competitions, promotion events and lucky draws (collectively hereinafter “EVENTS”) organized by the SITE where they are offered the chance to compete to win prizes or win gifts from lucky draws. Eligible person(s) who have met the eligibility criteria of such events or activities sponsored by BM AUDIO are eligible to apply. MEMBERS may be invited to accept special offers including special pricing offers by participating in commercial programs, marketing campaigns, or discount sale of certain of its products (collectively hereinafter “SPECIALS”) on this WEBSITE.
This WEBSITE may link to other websites owned or operated by third parties, or otherwise allow you to access your ACCOUNT through third party social networking or similar websites or software applications. BM AUDIO has no control over these third party websites or applications and shall have no liability for such websites or applications. Any references to any third party names, marks, products or services, or hyperlinks to third party sites or material are provided to you solely for convenience, and do not imply any affiliation, sponsorship or endorsement by BM AUDIO. BM AUDIO has no responsibility whatsoever for any content, practices, policies or acts of or by such third parties, nor does BM AUDIO make any warranties or representations whatsoever regarding such third party content, practices, policies or acts.
If you would like to link to the SITE, you must follow BM AUDIO’s link guidelines. If you do not have expressed official permission from BM AUDIO, you may not create any links, or make any references anywhere in your own domain or website to the SITE. Unless specifically authorized by BM AUDIO, you may not connect "deep links" to the SITE, i.e, create links to this SITE that bypass the home page or other parts of the SITE. You may not mirror or frame the home page or any other pages of this SITE on any other website or webpage.
BM AUDIO strives to post accurate product descriptions. Nevertheless, we do not represent or warrant that product descriptions or other content on this WEBSITE are accurate, complete, reliable, current, or error-free. BM Audio may, at any time, in its sole discretion and without notice, limit the quantity of items purchased per person, per account, per credit/debit card, per household or per order. Risk of loss and title to items purchased through this WEBSITE or our affiliated websites shall pass on to the purchaser upon our delivery of such item to the carrier.
While we strive to provide accurate product, location and pricing information, pricing or typographical errors may occur. BM AUDIO, its holding companies and/or any subsidiaries of such holding companies endeavour to ensure the accuracy and reliability of the information provided in the SITE but do not guarantee its accuracy or reliability and accepts no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions. BM AUDIO cannot guarantee that all information contained in the WEBSITE or provided by us are always free from typographical errors or changes that occur after that information was last created and received by you. It is also not possible to always confirm the price of an item will not change until the receipt of the first payment from you for you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in typing, pricing or obsolescence of information, we will have the right, at our sole discretion, to correct, ignore, refuse or cancel any previously committed processes including the shipment of orders placed for that item. In the event that an item is mispriced, BM AUDIO may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, CONTENT, or use of this SITE. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Website.
THIS WEBSITE, ANY WIDGETS, AND THE INFORMATION, PROPERTY AND CONTENT PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES FOR THEIR FITNESS OR ACCURACY OF ANY KIND. EXCEPT AS PROHIBITED, AND TO THE FULLEST EXTENT ALLOWED, BY LAW, BM AUDIO DISCLAIMS ALL WARRANTIES OF EVERY KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BM AUDIO DOES NOT REPRESENT NOR WARRANT THAT THE WEBSITE OR ANY PART THEREOF, INCLUDING WIDGETS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT ANY PART OF THIS WEBSITE OR WIDGETS, OR THE SERVER THAT MAKES ANY PART OF THIS WEBSITE AVAILABLE ARE FREE OF DEFECT OR FREE FROM ANY VIRUSES OR SECURITY COMPROMISING MECHANISMS. BM AUDIO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION, CODE OR CONTENT PROVIDED BY THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, TRUTHFULNESS, USEFULNESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BM AUDIO OR ITS PARENT COMPANY OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, DIRECTORS, AFFILIATES, SUPPLIERS OR DISTRIBUTORS ("RELEASED PARTIES") BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR COMPUTER MALFUNCTION) THAT RELATE TO THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE PERFORMANCE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST ANY OF THE RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE SITE. HOWEVER, IF ANY OF THE RELEASED PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, OR YOUR PURCHASE OF ANY ITEM THROUGH THIS WEBSITE, SUCH RELEASED PARTIES' LIABILITY WILL NOT EXCEED U.S. DOLLARS ONE HUNDRED ($100.00) IN THE AGGREGATE YOU AGREE TO FILE ANY CLAIM OR CAUSE OF ACTION YOU MAY BELIEVE YOU HAVE RELATING TO THIS WEBSITE (INCLUDING THE PURCHASE OF GOODS THROUGH THIS WEBSITE OR BM AUDIO’S OFFICIAL WHOLESALE WEBSITE WWW.MEGAVOX.COM) WITHIN THREE (3) MONTHS FROM WHEN SUCH CLAIM OR CAUSE OF ACTION ARISES.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or USE of the SITE or SERVICES, and/or the provision of CONTENT, SERVICES, and/or technology on or through the SITE or SERVICES, BM AUDIO or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to BM AUDIO by email to firstname.lastname@example.org AND by Registered Mail to Proline Industries (HK) Limited, 1212 Block A, New Trade Plaza, 6 On Ping Street, New Territories, Hong Kong. To the extent that BM AUDIO has your contact information, it will send any such notice to you by Mail or to your email address. BM AUDIO and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within sixty (60) days from the date that any notice of dispute, claim, or controversy is sent. BM AUDIO and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. If after 60 days BM AUDIO does not deem the dispute or issue has been resolved, BM AUDIO and you agree to commit to direct mediation, and not legal action to resolve the dispute. Notwithstanding the foregoing, the 60-day negotiation period and direct mediation required by this paragraph shall not apply, however, to disputes, claims or controversies raised by BM AUDIO concerning your infringement or violation of BM AUDIO agreements, policies, patents, copyrights, moral rights, trademarks, trade secrets and BM AUDIO’s claims for losses to our business as a result of your failure to settle due payments for BM AUDIO invoices, including losses caused by piracy, defamation or unauthorized use of the SITE or SERVICES.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will be subject to arbitration or similar process selected and determined by BM AUDIO.
The terms of this provision will also apply to any claims asserted by you against any parent, subsidiary, or affiliated company of BM AUDIO to the extent that any such claims arise out of your access to, and/or USE of the SITE or SERVICES, and/or the CONTENT, SERVICES, and/or technology on or through the SITE or SERVICES.
These TERMS constitute the entire and exclusive agreement between you and BM AUDIO with respect to the SERVICES, and supersede and replace any other agreements, terms and conditions applicable to the SERVICES. These TERMS create no third party beneficiary rights. BM AUDIO's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the TERMS will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these TERMS, and any such attempt is void, but BM AUDIO may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the SERVICES. BM AUDIO and you are not legal partners or agents; instead, our relationship is that of independent contractors.
AirPlay, Apple, Apple TV, iMac, iPad, iPhone, iPod, iPod classic, iPod nano, iPod shuffle, iPod touch, iTunes, Mac, MacBook, MacBook Pro and Safari are registered trademarks of Apple Inc.
Android is a trademark of Google Inc.
All other products, company names, brand names, trademarks and logos are the property of their respective owners. Any references to any third party names, marks, products or services, or hyperlinks to third party sites or material are provided to you solely for convenience, and do not imply any affiliation, sponsorship or endorsement by or of BM AUDIO or its products.
© Copyright BM Audio Labs, Inc. All rights reserved.