Terms and Conditions



PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Effective: August 2013

All users of this Site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site. The Core Brands (a subsidiary of Nortek, Inc.) web site ("Site") is comprised of web pages containing information and resources provided by Core Brands, LLC d/b/a Korus ("Korus", "Core Brands", "us" or "we"). Your access to the Site is offered to you conditioned on your acceptance of these Core Brands terms of use together with our privacy policy and terms of purchase, which are incorporated herein by this reference and found at https://www.korussound.com/terms_privacy.asp and https://www.korussound.com/terms_purchase.pdf. By accessing the Site or registering with the Site, you agree to be bound by these terms and conditions. If you do not wish to be bound by these terms and conditions, do not register for, access or use the Site for any reason, including to purchase Core Brands products ("Products"). Core Brands reserves the right to change these terms and conditions (including the privacy policy) at any time; see below for more information. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, A DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.

Additional terms may apply to certain portions or features of the Site ("Additional Terms"). If Additional Terms are made available to you by Core Brands, you agree that the Additional Terms will govern your use of the portion or feature of the Site even if they conflict with these Terms.

Changes to the Site

You may use the Site, access content, and purchase products if and when they are available. We do not guarantee availability of the Site or any particular feature, content, or product. We reserve the right to change, remove, delete, restrict or block access to, charge for, or stop providing all or any part of the Site, content, or products at any time without notice.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Core Brands, LLC. The collective work includes works that are licensed to Core Brands, LLC. Copyright 2013, Core Brands, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Core Brands, LLC or purchasing Core Brands, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Core Brands, LLC or to purchase Core Brands, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Core Brands, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Notice and Takedown Procedures

You agree to respect the intellectual property rights and other rights of Core Brands and third parties. If you believe that any User Submission or any other material available through the Site infringes your copyright of any third party, please notify 's our designated agent in accordance with Core Brands' Procedure for Making Claim of Copyright Infringement as described at the end of these terms and conditions. After receiving notice, Core Brands may remove or disable access to any infringing or defamatory material. Core Brands has the right to terminate any Account or right of access at any time, including for infringement of Core Brands' or another party's rights.

Trademarks

SKAA® is a registered trademark of Eleven Engineering Incorporated. The Facebook® logo displayed on this website is a registered trademark of Facebook, Inc. The YouTube® logo displayed on this website is a registered trademark of Google, Inc. The Twitter® logo displayed on this website is the property of Twitter, Inc. This website uses the Instagram™ API and is not endorsed or certified by Instagram or Instagram, Inc. All Instagram™ logos and trademarks displayed on this website are property of Instagram, Inc. iPhone®, iPod®, iPad®, and Mac® are registered trademarks of Apple Inc. Windows® is a registered trademark of Microsoft, Inc. SKAA® is a registered trademark of Eleven Engineering Incorporated. Bluetooth® is a registered trademark of Bluetooth Sig, Inc. Pandora® is a registered trademark of Pandora Media, Inc. Rhapsody® is a registered trademark of Rhapsody International, Inc." Mac® is a Mac® computer. iPhone® is an iPhone® mobile electronic device.

Terms of Purchase

The KorusSound.com Terms of Purchase can be found HERE.

Warranty Disclaimer

This Site, any services performed through this Site and any materials displayed on this Site are provided "AS IS", "WITH ALL FAULTS" and "AS AVAILABLE" and without warranties of any kind, whether express or implied. Any warranties related to our products sold through this Site are included in the package of such products or we will provide directions to you to access applicable product warranty information at the time of purchase or in the applicable product materials. To the fullest extent permissible pursuant to applicable law, Core Brands, LLC and its suppliers and licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Core Brands, LLC does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Other than the limited warranties offered on our products referenced above, Core Brands, LLC does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Disclaimer of Certain Damages

Core Brands, LLC, and its suppliers and licensor, shall not be liable for any special, consequential, incidental, indirect, punitive, loss of profits, business, goodwill, anticipated savings or use damages that result from the use of, or the inability to use this Site or resulting in any way related to these terms, the Site or content even if Core Brands, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Limitation of Liability and Exclusive Remedies

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 5 OR 6, CORE BRANDS' AND ITS SUPPLIERS' AND LICENSORS' MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE OR CONTENT WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE OR CONTENT UP TO FIFTY DOLLARS (U.S. $50.00). The existence of multiple claims or suits under or related to these terms and conditions, the Site or content will not enlarge or extend the limitation of money damages. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Typographical Errors

In the event that a Core Brands, LLC product is mistakenly listed at an incorrect price, Core Brands, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Core Brands, LLC reserves 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 cancelled, Core Brands, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Core Brands, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Core Brands, LLC may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable and legal methods, including to the address you have provided to Core Brands, LLC. You agree to check for notices posted on the Site. You agree to send any notice directed to Core Brands, LLC by mailing it to Core Brands' "Address for Legal Notices" which is:

Core Brands, LLC
1800 South McDowell Blvd.
Petaluma, CA 94954
President

Miscellaneous

Core Brands, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Core Brands, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign these terms and conditions or assign, transfer, or sublicense your rights, if any, to access or use the Site, content or any account you may have. If any provision of these terms and conditions is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Core Brands intend that the provisions of these terms and conditions be enforced to the fullest extent permitted by applicable law. Accordingly, You and Core Brands agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance.

Arbitration; Governing Law and Jurisdiction for Resolving Disputes

The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. YOU AND CORE BRANDS EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THE SITE, CONTENT OR THESE TERMS, WILL BE RESOLVED IN CARLSBAD, CALIFORNIA BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND CORE BRANDS EACH ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE SO THE FEDERAL ARBITRATION ACT APPLIES INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN THIS SECTION). YOU AND CORE BRANDS EACH AGREE WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT IN ST. LOUIS COUNTY, MISSOURI. YOU AND CORE BRANDS EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR'S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. For each dispute or claim, you and Core Brands will each give the other the opportunity to resolve it by sending the other a written description along with relevant documents, supporting information and the proposed resolution. Notice to Core Brands will be sent to the contact in the Section title "Notice" herein. Core Brands will attempt to notify you in writing if Core Brands has your email or mailing address. If Core Brands does not have your address Core Brands will post a notice in the legal notices section on the Site. You and Core Brands each agree to negotiate disputes and claims in good faith. If we are unable to resolve the dispute or claim within 60 days after Core Brands receives your notice or Core Brands mails or posts the notice to you, you and Core Brands each may pursue the dispute or claim in arbitration or, if the claim qualifies, in small claims court. If you want to arbitrate, to begin arbitration you must send a letter requesting arbitration and describing your claim to the contact listed for Core Brands in Section 16. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. You and Core Brands each are responsible for our own respective costs relating to the arbitration, except that Core Brands will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys' fees.

Use of Site

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Core Brands, LLC or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited.

User Submissions

You acknowledge, represent and agree that any information, including account registration, employment applications, feedback, suggestions, or other materials you submit to the Site ("User Submissions") is submitted voluntarily and is not confidential or proprietary and that your User Submission does not establish a relationship between you and Core Brands. You grant Core Brands and its sublicensees a worldwide, royalty-free, non-exclusive license to use, distribute, transmit, reproduce, edit, modify, adapt, publish, translate, reformat, and publicly perform and display your User Submission in connection with Core Brands' business practices and to publish your name in connection with your User Submission, except as otherwise prohibited by applicable law or these terms and conditions. You waive any right to compensation of any type for your User Submissions. Core Brands does not intend to publicly display, publicly perform, or publish any portion of an employment application, Product purchase history and account registration information. You represent and warrant that you have all the rights necessary to grant the rights in this section and that use of User Submissions by Core Brands does not violate any law. If you post a User Submission to any public forum on the Site, you acknowledge that third parties may see your User Submission, draw inferences, and make judgments based on the User Submission. Posting to a public forum requires your judgment, and you are responsible for all your User Submissions and your conduct in connection with the Site. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Core Brands, LLC does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Core Brands, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Core Brands, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Core Brands, LLC in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Core Brands, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any third party claims related to your activity on this Site or your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

Third-Party Links

In an attempt to provide increased value to our visitors, Core Brands, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Core Brands, LLC, Core Brands, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Core Brands, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Core Brands, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the "Notification"), to our Designated Agent, who can be reached as follows:

DMCA Designated Agents

Nicole Sander
707-283-5900 (Direct); 707-283-5901 (Fax)
nicole.sander@corebrands.com

Core Brands, LLC
1800 South McDowell Blvd.
Petaluma, CA 94954

All of the content included in this site is subject to the copyright laws of the United States and other applicable jurisdictions and Nortek, Inc. or its suppliers owns all the copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the Designated Agent list above. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. ALL OTHER INQUIRIES NOT COPYRIGHT RELATED, SUCH AS REQUESTS FOR PRODUCT INFORMATION, EMPLOYMENT, ETC. MUST BE SENT TO THE FOLLOWING CONTACT: Sales@KorusSound.com.

See Notice for Claims of Copyright Infringement

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Core Brands, LLC to locate the material.

(iv) Information reasonably sufficient to permit Core Brands, LLC to contact the complaining party, such as an address, telephone number, and, if available, an email address.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.