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All Rights Reserved:
Copyright 2004-06 by Lookout Sound
'Lookout Sound' and the 'Lookout Sound Logo' are Registered Trademarks of
Lookout Sound.
Reproduction, copying, downloading, or other use of the information
contained on this site is strictly forbidden without the prior written
authorization of Lookout Sound.
Terms Of Use:
The use of this site is governed by the policies, terms and conditions
set forth below. Please read them carefully. By using this site,
you agree to these terms of use. If you do not agree to these terms,
you may not use this site. Lookout Sound reserves the right, at any
time, to modify, alter, or update these Terms of Use, and you agree
to be bound by such modifications, alterations, or updates.
Typographical Errors
In the event a product is listed at an incorrect price due to typographical
error or error in pricing information, Lookout Sound shall have the
right to refuse or cancel any orders placed for product listed at
the incorrect price. Lookout Sound shall have the right to refuse
or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been
charged for the purchase and your order is canceled, Lookout Sound
shall immediately issue a credit to your credit card.
Disclaimers
All information, services, products, and materials contained on
this site, including text, programming, graphics, and links, are
provided on an "as is" basis with no warranty. To the maximum extent
permitted by law, Lookout Sound disclaims all representations and
warranties, express or implied, with respect to such information,
services, products, and materials, including, but not limited to,
warranties of merchantability, fitness for a particular purpose,
title, non-infringement, freedom from computer virus, and implied
warranties arising from course of dealing or course of performance.
In addition, Lookout Sound does not represent or warrant that the
information accessible via this site is accurate, complete or current.
Price and availability information is subject to change without
notice.
Dispute Resolution
If any controversy, dispute or claim arising out of or related to
your use of this site arises, the dispute will be resolved exclusively
by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. However, Lookout Sound
will have the right to petition a court of competent jurisdiction
for the entry of injunctions and orders for specific performance
relating to your unauthorized use of Lookout Sound's trademarks,
service marks, copyrights, patents, trade secrets or other intellectual
property (collectively, the "Intellectual Property") or any act
or omission by you that may impair the goodwill associated with
the Intellectual Property.
Enforcement
All litigation, court proceedings, arbitration proceedings, mediation
proceedings, lawsuits, court hearings and other hearings initiated
by you must and will be venued exclusively in Los Angeles, California.
This Terms of Use and the relationship between you and Lookout Sound
will be governed by the laws of the state of California as if you
signed this Terms of Use in California. The provisions of this Terms
of Use which conflict with or are inconsistent with applicable governing
law will be superseded and/or modified by such applicable law only
to the extent such provisions are inconsistent.
Limitation on Liability
Lookout Sound will not be liable for any direct, indirect, special,
punitive, incidental, exemplary or consequential damages, or any
damages whatsoever, even if Lookout Sound has been previously advised
of the possibility of such damages, whether in an action under contract,
negligence, or any other theory, arising out of or in connection
with the use, inability to use, or performance of the information,
services, products, and materials available from this site. These
limitations will apply notwithstanding to any failure of essential
purpose of any limited remedy. Because some jurisdictions do not
allow limitations on how long an implied warranty lasts, or the
exclusion or limitation of liability for consequential or incidental
damages, the above limitations may not apply to you.
External Sites
This site may include links to other sites on the Internet that
are owned and operated by third party vendors and other third parties
(the "external sites"). You agree that Lookout Sound, is not responsible
for the availability of, or the content located on or through, any
external site. You should contact the site administrator or Webmaster
for those external sites if you have any concerns regarding such
links or the content located on such external sites.
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