KLIPSCH CONNECT TERMS OF USE

Effective Date / Last Modified: May 15, 2020

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and Klipsch Group, Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Klipsch Connect Application (the "App"). The App permits you to view and control certain aspects about your Klipsch-brand headphones, sound bar and other similar products (individually and collectively, "Equipment") when the Equipment is connected to the App.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE APP. BY USING THE APP OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, OUR COPYRIGHT POLICY, AND THE MOBILE END USER LICENSE AGREEMENT ("EULA"), WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OUR COPYRIGHT POLICY, OR THE EULA, THEN YOU MUST NOT ACCESS OR USE THE APP.

THIS TERMS OF USE CONTAINS AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE COMPANY IN A CLASS ACTION LAWSUIT.

THESE TERMS OF USE APPLY ONLY TO THE USE OF THE KLIPSCH CONNECT APP. THEY DO NOT APPLY TO ANY OTHER APPS OR WEBSITES.

This App is offered and available to users who are 18 years of age or older, or the age of majority in their place of residence. By using this App, you represent and warrant that you are of legal age to form a binding contract with the Company.

Privacy Policy

When you use the App we will collect, use and share certain Personal Information as described in the Klipsch Connect Privacy Policy (the "App Privacy Policy"), which is incorporated into these Terms of Use. If you do not agree to any terms in our App Privacy Policy, do not use this App or provide Personal Information to us.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter. Material changes will be conspicuously posted in the App or otherwise communicated to you. However, if Company modifies the arbitration provision, you may reject that change by sending Company written notice within thirty (30) days of our posting of the change, in which case you must immediately stop using the App.

Your continued use of the App following the posting of a revised Terms of Use means that you accept and agree to the changes. You are expected to periodically check the Terms of Use in the App so you are aware of any changes, as they are binding on you.

Accessing the App and Account Security

We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App or the entire App.

You are responsible for making all arrangements necessary for you to have access to the App.

To access and use the App you must register your Equipment and provide certain registration details such as your contact information. It is a condition of your use of the App that all the information you provide on the App is correct, current and complete. You must promptly correct any updated information. We will use any information you provide when registering your Equipment as stated in our App Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any account, user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or applicable laws.

Intellectual Property Rights

The App and its entire contents, features and functionality (including but not limited to all information, documentation, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the App for your personal, non-commercial use only, subject to compliance with this Terms of Use and the other documents referenced herein and applicable laws. You may only use the App and its contents for their intended purposes for which they are made available to you by Company.

We may collect and create certain information and data about your usage of the App and your Equipment, as further described in our App Privacy Policy. You are permitted to access and use any such data that we make available to you in the App for the sole purpose of enabling and enhancing your personal use of your Equipment using the features that we make available to you, subject to your compliance with this Terms of Use and our App Privacy Policy. We are the sole and exclusive owners of any data or information we collect from or about the App and Equipment, and your use of the App and Equipment, excluding any information that personally identifies you.

You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, sublicense, transfer, reverse engineer, decompile, disassemble or transmit the App or any of the material on the App. You are prohibited from using the App to create any application, product or service that competes with the App, or any products or services sold by Company.

You must not access or use for any commercial purposes any part of the App or any services, data or materials available through the App.

If you wish to make any use of material on the App other than that set out in this section, please address your request to: pr@klipsch.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App in breach of these Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The terms Klipsch, Klipsch Connect, Belle Klipsch, A Legend in Sound, Controlled Dispersion Technology, Klipsch Gallery, Klipsch Groove, Gig, Heresy, iGroove, Image, Keepers of the Sound, K-Horn, Klipschcast, Klipschorn, Klipsch Stadium, Klipsch Stream, Klipsch Synergy Series, La Scala, Klipsch Mode, Palladium, Pro Media, PWK, Quintet, Reference, S4, and Tractrix, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this App are the trademarks of their respective owners. You must not delete or alter any copyright, trademark or other proprietary rights notices from App or content in the App.

Feedback Submitted By You

You warrant that all information you provide to us in connection with your access to and use of the App is true, accurate, and complete to the best of your knowledge. If you submit comments or feedback to us regarding the App, its content, or our products or services ("Feedback"), we may use Feedback as set forth in our App Privacy Policy, without attribution or compensation to you.

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.

Additionally, you agree not to:

  • Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App.
  • Use any robot, bot, web crawlers, agents, scrapers, spiders or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App.
  • Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the App.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, or any server, network, device or database.
  • Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the App.
  • Engage in data mining or similar data gathering or extraction activities from the App.
  • Use any data or information from the App (a) for any purposes other than the purposes for which it was made available to you by us, (b) to make a competitive application, product or service, or (c) for any commercial purposes.

Devices; Data Rates; Functionality

You are solely responsible for providing the devices, connections and programs that you need to access and use the App. We do not guarantee that the App is accessible on any particular equipment or device or with any particular software, internet, mobile or service plan. There may be message, data usage or other fees owed to your mobile carrier resulting from your use of the App, for which you are solely responsible. Please contact your mobile service provider for pricing plans, participation status and details.

You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.

Our App is designed to integrate with several elements of your device’s native functionality. Accordingly, if you choose to disable your device’s Bluetooth® connection, push notifications or text messages, then some features of our App may not be available to you.

The App is only intended to connect to Equipment, which is defined in the first paragraph above. Do not use the App with any other equipment or hardware. In order for your Equipment to connect with the App, you must enable Bluetooth® on your mobile device. You are solely responsible for any fees, charges or data usage that occurs when you enable and use Bluetooth®.

We are not responsible for delays, slowness or your inability to use the App or related features of the Equipment caused by a weak connection or a lack of connection from either your mobile service provider or your Bluetooth® connection. Your Equipment may not connect to the App if you do not keep your Equipment in good working order, which we are not responsible for.

Monitoring and Enforcement; Termination

If you violate applicable laws or these Terms of Use, you are immediately prohibited from further use of the App and your account, and we may restrict your access to the App and your account. Company may suspend or terminate the App and your account, in whole or in part, at any time in its sole discretion for any reason. Company shall not be liable to you or anyone else for any damages arising from or related to Company’s suspension or termination of your access to App and your account, or in the event Company modifies, discontinues or restricts the availability of the App (including any content therein) or your account (in whole or in part).

Without limiting the generality of the previous section, the App and your account may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, pandemic, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility, TELCO and power companies, and (e) interruptions due to hacking or other malicious intrusion.

If you wish to terminate your account, you must completely delete and uninstall the App from your device. You understand that upon termination of your account we may retain your data and other Personal Information as described in our App Privacy Policy. After termination of your account or the deletion of your App, you will no longer have access to, and we are not required to provide to you, the data or information in the App, unless otherwise required by applicable laws or as stated in the App Privacy Policy.

You understand and agree that Company may, but is not obligated to, monitor the use of the App, at any time.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We are not liable for any virus you might receive from our App and you access our App at your sole risk.

Copyright Infringement

If you are located in the United States, please see our Copyright Policy instructions on sending us a notice of copyright infringement. Regardless of your location, it is the policy of the Company to terminate the user accounts of repeat infringers.

Changes to the App

We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material. We are not liable for any changes to the content of the App, or for our suspension or termination of any content within the App.

We may automatically provide updates to the App. If you are prompted to install an update to the App but do not do so, we are not responsible for any issues you may experience for using an out-of-date version of the App. You may be asked to agree to additional or new terms when updates are provided, and if you do not accept those new or additional terms then you must stop using the App.

Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the App, which will be provided to in the App when applicable. All such additional terms and conditions are hereby incorporated by this reference into this Terms of Use.

Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or applications.

Geographic Restrictions

The owner of the App is based in the state of Indiana in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. THE EXISTENCE OF THE APP SHALL NOT BE CONSTRUED AS COMPANY OFFERING THE APP TO ANY PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH APP IS PROHIBITED BY LAW.

Compliance with Laws

When you use the App, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online and mobile app conduct.

You shall comply with all export laws of the United States and other applicable trade control laws and regulations with regard to the exportation of the App, its contents and the data therein. You may not export or re‑export the App to any United States embargoed country or to anyone on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Persons List or Entity List. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Sale or Transfer of Your Equipment

If you sell, give-away or otherwise transfer ownership or use of your Equipment to another person, the right to use the App does not transfer with it. Each new user of the Equipment must download and register for the App under their own account.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the App will be free of viruses or other destructive code. We are not responsible for any virus or other destructive code you might receive from the App, and you access the App at your sole risk. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, PRODUCTS, OR DATA DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.

YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR SOLE RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES ABOUT THE DATA AND INFORMATION MADE AVAILABLE IN THE APP, INCLUDING BUT NOT LIMITED TO REGARDING ITS ACCURACY, USEFULNESS OR AVAILABILITY,

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THIS TERMS OF USE DOES NOT PROVIDE ANY WARRANTIES WITH REGARD TO THE EQUIPMENT YOU CONNECT TO THE APP. ANY SUCH WARRANTIES (IF ANY) WILL HAVE COME WITH THE PURCHASE OF THE EQUIPMENT.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND REGARDLESS OF THE FORM OF ACTION, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL COMPANY'S, ITS AFFILIATES' OR THEIR LICENSORS', SERVICE PROVIDERS', EMPLOYEES', AGENTS', OFFICERS' OR DIRECTORS' LIABILITY TO YOU IN THE AGGREGATE ARISING OUT OF OR IN CONNECTION WITH THE APP, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE APP.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO (A) YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, ANY USE OF THE APP’S CONTENT, DATA, SERVICES AND EQUIPMENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE APP, (B) YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS, (C) CLAIMS RELATING TO YOUR USE OF THE APP STORE OR GOOGLE PLAY; AND (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF COMPANY'S OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

Governing Law and Jurisdiction

All matters relating to the App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of laws provision or rule (whether of the State of Indiana or any other jurisdiction). The United Nations Convention for the International Sale of Goods does not apply.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Agreement to Arbitrate

BOTH PARTIES AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OF USE OR RELATING TO THE APP THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.

  • WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST COMPANY IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to Company's right to appeal.
  • Good Faith Discussions. You and Company must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms of Use.
  • Rules. You and Company agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/Rules. You and Company agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
  • Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
  • Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms of Use or with regard to the App, including as to the enforceability and/or formation of this agreement to arbitrate made between you and Company.
  • Location. You agree that arbitration shall take place exclusively in the City of Indianapolis and County of Marion, U.S.A. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
  • Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
  • The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties, but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms of Use.
  • Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
  • Exceptions. Notwithstanding anything to the contrary in this Section, you and Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights.
  • (k) Dispute Resolution Only in the Event of a Ruling that Arbitration is Prohibited by Law. In the event a court with appropriate jurisdiction determines that applicable law prohibits arbitration of disputes arising out of, or related to, these Terms of Use or the App, all suits, actions or proceedings shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana in each case located in the City of Indianapolis and County of Marion, U.S.A. although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Assignment

We may assign our rights and delegate our duties under these Terms of Use at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms of Use without our prior written consent and any such assignment in violation of this clause is void. These Terms of Use inure to the benefit of Company’s successors and assigns.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, the Copyright Policy, the EULA and any terms found throughout the App applicable to you constitute the sole and entire agreement between you and Klipsch Group, Inc. with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App. The App Privacy Policy describes how we collect, use and share your Personal Information. In the event of conflict, those documents shall control in the following order: the App Privacy Policy, the Copyright Policy, any terms throughout the App, EULA, Terms of Use.

Third Party Beneficiaries

These Terms of Use do not confer any rights, remedies, or benefits upon any person other than you and Company, and Company's affiliates, subsidiaries, service providers and licensees.

Electronic Communications

These Terms of Use and any other documentation, agreements, notices, or communications between you and Company may be provided to you electronically to the extent permissible by law. Please save a copy of all documentation, agreements, notices, and other communications for your reference.

You Consent to Receive Emails

You expressly agree that we may send you emails at the email address you provided. The emails may include information requested by you, provide you information or updates on the App or these Terms of Use, or promotions regarding our products and services. You can opt-out of certain promotional emails by clicking the "UNSUBSCRIBE" in the applicable email.

Terms Applicable To New Jersey Consumers

No provision in these Terms of Use shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms of Use concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Company reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

Warning

Listening to sound at high volumes may cause injury or damage to your ears. You are solely responsible for choosing a safe volume at which to use your Equipment. Also, wearing Equipment such as headphones can cause you to not hear, or be distracted from, your surroundings. Only wear or use Equipment when it is safe to do. Never wear or use Equipment, like headphones, when doing activities where it is important to avoid distraction or hear what is going on in your surroundings, such as when driving or biking. You are solely responsible for how you choose to use your Equipment, and any injury, damage or death that occurs relating to your use. WE DISCLAIM ALL DAMAGES RELATING TO INJURY, DEATH OR PROPERTY DAMAGE THAT MAY OCCUR WHEN YOU USE EQUIPMENT.

Your Comments and Concerns

This App is operated by Klipsch Group, Inc., 3502 Woodview Trace, Suite 200, Indianapolis, Indiana 46268.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the App should be directed to: web-support@klipschgroupinc.com.

Inc. and any use of such mark by Klipsch Group, Inc. is under license.