Terms and Conditions

Agreement between user and speaqua.com

Welcome to speaqua.com. The speaqua.com website (the “Site”) is comprised of various web pages operated by Speaqua Sound co (“Speaqua”). speaqua.com is offered to you conditioned on your acceptance without modifi- cation of the terms, conditions, and notices contained herein (the “Terms”). Your use of speaqua.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of speaqua.com is subject to Speaqua’s Privacy Policy. Please review our Privacy Policy, which also gov- erns the Site and informs users of our data collection practices. The information we learn from customers helps us personalize and continually improve your online experience. Here are the types of information we gather. Information You Give Us: We receive and store any information you enter on this Website or give us in any other way. This information includes demographic information and contact information such as names, addresses, phone numbers, fax numbers and email addresses. You can choose not to provide certain information, however, you may not be able to take full advantage of many of our features or conduct transactions.

Electronic Communications

Visiting speaqua.com or sending emails to Speaqua constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communi- cations that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Speaqua is not responsible for third party access to your account that results from theft or mis- appropriation of your account. Speaqua and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Speaqua does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use speaqua.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Speaqua® warrants to you, the original purchaser that our products will under normal use operate as intended for a period of (6) months from the original purchase date. We warrant the goods to be free from defects in material and workmanship under normal use and service. No person, firm, or corporation is authorized to assume for us any other liability in connection with the sale of these goods. This warranty is limited and is not applicable to damage caused by misuse or negligence. Speaqua’s sole and exclusive responsibility is to either repair or replace the defective product during the (6) month limited warranty period. Any replacement with new or refurbished products may be at the option of Speaqua®. If Speaqua®, in their sole discretion determines it unreasonable to replace the product, they may elect to refund the full purchase price paid. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MER- CHANTABILITY AND FITNESS. In no event will Speaqua’s total cumulative liability exceed the price paid by the consumer for the product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Consumer shall bear the cost of shipping the product to Speaqua® and Speaqua® shall bear the cost of shipping the product back to the consumer after the completion of service under this limited warranty. Any product returned to Speaqua® without a Return Authori- zation (RA) or without proof of purchase will be returned to the consumer at consumer’s expense. Orders placed in the U.S., but shipped internationally will be eligible for coverage under Speaqua’s warranty policy, however customers will be responsible for both inbound and return freight. If there are any questions concerning this statement of limited warranty please email us at info@speaqua.com

Links to third party sites/Third party services

speaqua.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Speaqua and Speaqua is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Speaqua is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Speaqua of the site or any association with its operators. Certain services made available via speaqua.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the speaqua.com domain, you hereby acknowledge and consent that Speaqua may share such information and data with any third party with whom Speaqua has a con- tractual relationship to provide the requested product, service or functionality on behalf of speaqua.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use speaqua.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Speaqua that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation there- of, and any software used on the Site, is the property of Speaqua or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copy- right and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Speaqua content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Speaqua and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Speaqua or our licensors except as expressly authorized by these Terms. Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Com- munication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publici- ty) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or

any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of con- duct or other guidelines which may be applicable for any particular Communication Service; harvest or other- wise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Speaqua has no obligation to monitor the Communication Services. However, Speaqua reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Spea- qua reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Speaqua reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regu- lation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Speaqua’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Speaqua does not control or endorse the content, messages or information found in any Communication Service and, therefore, Speaqua specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Speaqua spokespersons, and their views do not necessarily reflect those of Speaqua.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Materials provided to speaqua.com or posted on any Speaqua web page

Speaqua does not claim ownership of the materials you provide to speaqua.com (including feedback and sug- gestions) or post, upload, input or submit to any Speaqua Site or our associated services (collectively “Submis- sions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Speaqua, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, trans- mit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Speaqua is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Speaqua’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without lim- itation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Speaqua account to third party accounts. By connecting your Speaqua account to your third party account, you acknowledge and agree that you are consenting to the continuous release of in- formation about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Speaqua from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Speaqua Content accessed through speaqua.com in any country or in any manner pro- hibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Speaqua, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Speaqua reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Speaqua in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitra- tion Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having juris- diction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpreta- tion and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitra- tion provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPEAQUA SOUND CO AND/OR ITS SUPPLI- ERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SPEAQUA SOUND CO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUIT- ABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMA- TION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITH- OUT WARRANTY OR CONDITION OF ANY KIND. SPEAQUA SOUND CO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRAN- TIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPEAQUA SOUND CO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDEN- TAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITH- OUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABIL- ITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SER- VICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETH- ER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPEA- QUA SOUND CO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Speaqua reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Spea- qua as a result of this agreement or use of the Site. Speaqua’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Speaqua’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or infor- mation provided to or gathered by Speaqua with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Speaqua with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Speaqua with respect to the Site. A printed version of this agree- ment and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Speaqua reserves the right, in its sole discretion, to change the Terms under which speaqua.com is offered. The most current version of the Terms will supersede all previous versions. Speaqua encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Speaqua welcomes your questions or comments regarding the Terms:
Speaqua Sound co
46 w jefryn blvd
deer park, New York 11729
Effective as of April 01, 2015

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