Terms of Use

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=90 BGCOLOR="#CCFF99" TEXT="#080000" bgproperties="fixed" background="04078671esnimw.png"> <div> <FONT SIZE="5" COLOR="#CCFF99" FACE="Arial" ><B>SoundWise Tech Support</B></FONT><B>     |     </B><A HREF="index.htm" TARGET="_top" TITLE="SoundWise Tech Support"><U><B>home</B></U></A></div> <div> <B>Terms of Use</B>   |   <A HREF="id60.htm" TARGET="_top" TITLE="Forum"><U>Forum</U></A></div> <div> </div> </td> </tr><tr> <td valign="top" width=200 BGCOLOR="#336699" TEXT="#080000" bgproperties="fixed" background="041c83b3.png"> <div> <A HREF="id34.htm" TARGET="_top" TITLE="Products"><U>Products</U></A></div> <div> <A HREF="id18.htm" TARGET="_top" TITLE="Helpful Info"><U>Helpful Info</U></A></div> <div> <A HREF="id17.htm" TARGET="_top" TITLE="Manuals"><U>Manuals</U></A></div> <div> <A HREF="id47.htm" TARGET="_top" TITLE="ModZ and Whatnot"><U>ModZ and Whatnot</U></A></div> <div> <A HREF="id61.htm" TARGET="_top" TITLE="Klipsch Paraphernalia"><U>Klipsch Paraphernalia</U></A></div> <div> <A HREF="id50.htm" TARGET="_top" TITLE="My Humble Opinions..."><U>My Humble Opinions...</U></A></div> <div> <A HREF="id32.htm" TARGET="_top" TITLE="Chat"><U>Chat</U></A></div> <div> <A HREF="id19.htm" TARGET="_top" TITLE="Contact Us"><U>Contact Us</U></A></div> <div> <A HREF="id75.htm" TARGET="_top" TITLE="Props List"><U>Props List</U></A></div> </td> <td valign="top" height=390 BGCOLOR="#CCFF99" TEXT="#080000"> <div> <I>Terms of Use</I></div> <div> <B> <script language="JavaScript1.2"> //Disable select-text script (IE4+, NS6+)- By Andy Scott //Exclusive permission granted to Dynamic Drive to feature script //Visit http://www.dynamicdrive.com for this script function disableselect(e){ return false } function reEnable(){ return true } //if IE4+ document.onselectstart=new Function ("return false") //if NS6 if (window.sidebar){ document.onmousedown=disableselect document.onclick=reEnable } </script> <script language=JavaScript>  </script>  </B></div> <div> Welcome to KTH (Klipsch Tech Help), owned and operated solely by Justin Scott. KTH foremost to help users of Klipsch and other high end multimedia products at their request. The goal of this web site is to provide access to the widest selection of help to the largest group of people possible. To insure a safe, non-offensive environment for all of our users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you.</div> <div> By accessing any area of the KTH site, users ("Users," "you," "your") agree to be legally bound and to abide by these Terms of Use.</div> <div> KTH is owned and operated by Justin Scott. Any references herein to KTH shall be deemed to refer to Justin Scott or the KTH site, as applicable under the circumstances.</div> <div> <B>TRADEMARKS</B></div> <div> The trademarks, logos and service marks ("Marks") displayed on KTH are the property of KTH and other parties. All rights are reserved. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of KTH or such third party which may own the Marks.</div> <div> <B>CONTENT</B></div> <div> <B>Proprietary Rights</B></div> <div> User acknowledges that KTH contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and KTH owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.</div> <div> <B>Distribution/Uploading of Third-Party Content</B></div> <div> Except as set forth in Paragraph II a. above, User may upload to or otherwise distribute on KTH only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither KTH, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to KTH at <FONT SIZE="3" COLOR="#003399" FACE="Times New Roman" ><A HREF="mailto:klipschter@yahoo.com" TARGET="_top" TITLE="mailto:klipschter@yahoo.com"><U><U>klipschter@yahoo.com</U></U></A></FONT>. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted KTH the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on KTH retains any and all rights which may exist in such Content.</div> <div> <B>Third-Party Content</B></div> <div> KTH is a distributor and not a publisher of Content supplied by third parties and Users. KTH has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of KTH, are those of the respective authors or distributors and not of KTH or its affiliates or any of their officers, directors, employees, or agents. Neither KTH nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of KTH, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through KTH represents the opinions and judgments of the respective Provider, or User not under contract with KTH. KTH neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on KTH by anyone other than authorized KTH employees. Under no circumstances shall KTH, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through KTH. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through KTH.</div> <div> <B>Export</B></div> <div> The U.S. export control laws regulate the export and re-export  of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from KTH to either a foreign national or a foreign destination in violation of such laws.</div> <div> <B>ONLINE CONDUCT</B></div> <div> User agrees to use KTH only for lawful purposes. User is prohibited from posting on or transmitting through KTH any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. </div> <div> Access to and use of password protected and/or secure areas of KTH is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of KTH may be subject to prosecution.</div> <div> If KTH is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review), KTH may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from KTH. KTH may disclose any Content or electronic communication of any kind (I) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate KTH; or (iii) to protect the rights or property of KTH, its Users or Providers.</div> <div> KTH reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, KTH, the communities that make up KTH, or any rights of KTH or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither KTH nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither KTH, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on KTH. </div> <div> <B>PRIVACY POLICY</B></div> <div> KTH respects the privacy of its Users.</div> <div> <B>CONFIDENTIALITY OF USER COMMUNICATIONS</B></div> <div> Except as required by law. KTH will maintain the confidentiality of all User communications which contain personal User information and which are transmitted directly to KTH. Postings of reviews by a User will not be protected as confidential and KTH may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its affiliates for any purpose whatsoever as deemed appropriate by KTH in its sole discretion.</div> <div> <B>DISCLAIMERS AND LIMITATION OF LIABILITY</B></div> <div> ALL CONTENT, PRODUCTS, AND SERVICES ON KTH, OR OBTAINED FROM A WEBSITE TO WHICH KTH IS LINKED (A "LINKED SITE"), ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH KTH.</div> <div> YOU AGREE THAT KTH, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF KTH OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE KTH OR A LINKED SITE, EVEN IF KTH IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.</div> <div> KTH CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE KTH SITE.</div> <div> THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED OR MADE AVAILABLE ON KTH OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KTH SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON KTH AND LINKED SITES. KTH MAY MAKE IMPROVEMENTS OR CHANGES TO THE KTH SITE AT ANY TIME.</div> <div> KTH HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY KTH THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS (COLLECTIVELY, "PROVIDERS"), INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE KTH FROM ANY LIABILITY WITH RESPECT TO THE SAME.</div> <div> Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.</div> <div> <B>TERMINATION OF USAGE</B> </div> <div> KTH may terminate User's access, or suspend any User's access to all or part of KTH, without notice, for any conduct that KTH, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider or KTH. KTH reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use.</div> <div> <B>USAGE BY CHILDREN UNDER 13</B> </div> <div> KTH cannot prohibit minors from visiting the KTH site. KTH must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.</div> <div> KTH requires that all purchases be made either (I) by individuals 13 years of age or older, or (ii) by minors under 13 through a KTH authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT KTH, YOU ARE REPRESENTING TO KTH THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A KTH AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.</div> <div> <B>APPLICABLE LAW </B></div> <div> This site is created and controlled by Justin Scott As such, the laws of the State of Texas will govern these Terms of Use, including the disclaimers herein, without giving effect to any conflict of laws principles. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Texas and of the United States of America located in the State of Texas for any litigation arising out of or relating to use of or purchase made through KTH (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Texas Courts and agrees not to plead or claim in any Texas Court that such litigation brought therein has been brought in an inconvenient forum.</div> <div> <B>SEVERABILITY</B></div> <div> The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.</div> <div> <B>ENTIRE AGREEMENT</B> </div> <div> The Terms of Use, including all documents referenced herein represents the entire understanding between you and KTH regarding your relationship with KTH and supersedes any prior statements or representations.</div> <div> <B>CHANGES TO TERMS OF USE</B></div> <div> KTH reserves the right to revise these Terms of Use at any time and Users are deemed to be apprised of and bound by any changes to these Terms of Use. These Terms of Use were last modified on February<FONT SIZE="3" COLOR="#000000" FACE="Arial" > 17, 2002.</FONT></div> <bR> <bR> </td> </tr></table></body>