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Terms and Conditions
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.
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 Liquid Outlet. The collective work includes works that are licensed to Liquid Outlet. Copyright 2008, Liquid Outlet 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 Liquid Outlet. 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 Liquid Outlet or to purchase Liquid Outlet 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 Liquid Outlet. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Liquid Outlet used in the site are trademarks or registered trademarks of Liquid Outlet.
Warranty Disclaimer
Warranted Products: H2O Audio Housings, Amplifiers and Armbands have a warranty for 1 year from date of purchase. Underwater Headphones have a warranty for 90 days from date of purchase.
What is Covered: Any defects in materials or workmanship of H2O Audio products.
What is Not Covered: H2O Audio does not warrant any items, other than those manufactured by H2O Audio, (such as an MP3 Player or other electronic audio device) that are damaged due to failure, for any reason.
H2O Audio is not responsible for consequential or incidental damages, of any nature, to the audio device or data loss. Use at your own risk.
This warranty is void if: If the product is damaged by misuse, abuse or improper packaging during shipment; If the product is repaired, serviced or modified by other than H2O Audio authorized agent; By failure to properly use and maintain the product in accordance with H2O Audio reference manual specifications. Product Manuals are available for download on the H2O Audio website as well as packaged with the product.
Liquid Outlet will, at its sole discretion and without charging the customer, repair or replace any components that fail in normal use. Failures due to abuse, misuse, or unauthorized alteration or repair, are not covered.
The warranty is valid only for the original owner who purchases the unit from an authorized dealer. (Transfers are not qualified for warranty).
Limitation of Liability
H2O Audio and Liquid Outlet shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if H2O Audio or Liquid Outlet 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.
Typographical Errors
In the event that an Liquid Outlet product is mistakenly listed at an incorrect price, Liquid Outlet reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Liquid Outlet 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, Liquid Outlet 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 Liquid Outlet 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
Liquid Outlet may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Liquid Outlet.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Liquid Outlet products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Liquid Outlet products) must be commenced within one (1) year after the claim or cause of action arises. Liquid Outlet’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. Liquid Outlet may assign its rights and duties under this Agreement to any party at any time without notice to you.
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 Liquid Outlet or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. 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
Liquid Outlet does not and cannot review all communications and materials posted to or created by users accessing the site, and are 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, Liquid Outlet 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, Liquid Outlet 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 Liquid Outlet in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Liquid Outlet, 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 violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Liquid Outlet may link to sites operated by third parties. However, even if the third party is affiliated with Liquid Outlet, H2O Audio has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Liquid Outlet. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Liquid Outlet 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).
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