2. ACCESS TO THIS WEBSITE
We use the means that we believe are reasonable to provide access to this website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of Proficient Audio, and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the website service and equipment. Proficient Audio will not be liable for any failure or deficiency in the performance of this website by reason of the occurrence of any event beyond Proficient Audio’s reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to Proficient Audio, fire, terrorism, natural disaster or war.
Given the global disposition of the Internet, You agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of the country in which You reside.
3. INTELLECTUAL PROPERTY RIGHTS
The copyright notice applicable to all contents of this website is:
None of the contents of this website may be copied, reproduced, published, downloaded, posted, transmitted or distributed in any manner, except in the case of a simple recording of documents on Your personal computer for Your own use and without any commercial purpose. In this case, You should ensure that the indications of ownership are kept intact. Modification of the contents or their use with another aim constitutes an infringement of Proficient Audio's property rights. It is forbidden to use these contents on another website or in a computer network environment.
Trademarks, service marks, trade names, product names, logos, designs, titles, and words or phrases used on this website, including, without limitation, the marks “Proficient” and “Proficient Audio” and related marks are owned by Proficient Audio, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Proficient Audio. All other trademarks, trade names and the like that appear on this website are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.
Your submissions of files (for example, resumes, e-mail, flash movies, images, logos, audio loops and other software) herby constitute Your agreement to grant Proficient Audio, a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify adapt, sub-license and publicly display any such submissions. You also authorize Proficient Audio the right to utilize Your name in connection with all advertising, marketing and promotional materials related thereto.
4. PROHIBITED CONDUCT
5.1 Hyperlinks to this website
In order to respect the integrity of this website contents and avoid creating confusion among Internet users regarding the origin of the aforementioned contents, simple links to the Home Page of this website are permitted, but the following are prohibited:
- Extended links which allow Internet users access to pages within this website without first passing through the Home Page of the website or through subsections of the website;
- Inline links which allow the user to automatically see this website contents at a specific location; and
- Framing links, which enable a page from this website to appear in a frame within the page of the website visited by the user.
In any event, links from websites containing immoral, violent, pornographic or pedophilic material, websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit, are strictly forbidden.
Under no circumstances shall a hyperlink to this website from the website of a third party imply co-operation between Proficient Audio and said third-party website. Proficient Audio has no control over third-party websites and therefore assumes no responsibility with respect to contents, products, services, information, hardware or software of websites containing a hyperlink to this website.
5.2 Hyperlinks to third-party websites
This website may contain links to the websites of Proficient Audio partners or to the websites of third party companies. These links are provided to You as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Proficient Audio.
Proficient Audio has no control over these websites and therefore assumes no responsibility with respect to the availability of these websites, their content, advertising material, and the products and/or services available at or through these websites. Proficient Audio shall accept no liability for any direct or indirect damage that may result from a user's visit to the partner and/or third-party websites, or from the use of the contents and services of theses websites by the user.
6. ACCOUNTS AND PASSWORDS
Certain portions of the Proficient Audio website are accessible only for users who have created a log-in account that includes a username and password. When creating Your log-in account You must provide Proficient Audio with accurate and complete information. You must promptly notify Proficient Audio if any of this information changes. If You fail to provide or update this information, Proficient Audio may terminate Your right to use this website or any services provided through this website.
You are responsible for keeping Your password confidential. You will be responsible for all use of Your username and password, including, without limitation, any use by any unauthorized third party. You must notify Proficient Audio immediately if You believe Your password has been obtained or may be accessed or used by any unauthorized person or entity. In addition, You must notify Proficient Audio immediately if You become aware of any other breach or attempted breach of the security of the website. Under no circumstances should You respond to a request for Your password, particularly a request from an individual claiming to be an employee of Proficient Audio. Proficient Audio employees will never ask for Your password. You must notify Proficient Audio immediately if You receive such a request.
8. REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION
9. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
9.1 Disclaimer Of Warranties
PROFICIENT AUDIO PROVIDES THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROFICIENT AUDIO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE WITH OTHER HARDWARE OR SOFTWARE YOU USE. PROFICIENT AUDIO HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.
Proficient Audio reserves the right to modify or correct the contents of its website at any time, without notice. Proficient Audio shall not be liable in the event of contamination of Your computer equipment as a result of virus propagation or other computer 'infections'. You are responsible for taking all appropriate measures to protect Your own data and/or software from contamination by any viruses circulating via the Internet.
9.2 Exclusion Of Damages
UNDER NO CIRCUMSTANCES SHALL PROFICIENT AUDIO, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THIS WEBSITE OR INFORMATION OBTAINED FROM THIS WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, WHETHER BASED ON CONTRACTUAL LIABILITY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
9.3 Limitation Of Liability
Proficient Audio may, in its sole discretion and without any liability change, modify, suspend, make improvements to or discontinue any aspect of the website, temporarily, or permanently, at any time without prior notice.
11. JURISDICTION AND APPLICABLE LAW
This Agreement shall be governed, construed and applied in all respects by the laws of the State of California, without regard to any provision governing conflicts of law. Any dispute arising from this legal notice shall be brought before the federal or state courts located in Riverside, CA. The use of this website implies Your express consent to the personal jurisdiction and venue of such courts.
12. WAIVER OF CLASS ACTION RIGHTS; LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, relating to, or connected with Your use of the website must be filled within one calendar year after such claim or cause of action arises, or forever be barred.
13. CORRESPONDENCE WITH PROFICIENT AUDIO
To correspond with Proficient Audio by e-mail, Internet users must fill in the electronic correspondence forms proposed on this website. Proficient Audio's replies to e-mails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies. Correspondence from Proficient Audio to You shall be sent to You at the address specified in Your account.
When You send e-mails to us, You are communicating with us electronically, and thereby You are consenting to receive communications from us electronically or by other means available, including telephone or facsimile. You also agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communication be in writing.
14. ENTIRE AGREEMENT; SEVERABILITY
15. OTHER PROVISIONS
16. REQUESTS AND ADDRESS
Please send any notices or requests to our mailing address:
Proficient Audio Systems