Terms and Conditions
1. GENERAL – This Terms of Use Agreement ("Agreement") governs your access and use of the LoudSiren, LLC ("LoudSiren ") Web site
located at www.LoudSiren.com (the "Site"). By accessing, browsing, and using this Site, you agree that you have read, understood,
and accept this Agreement. Please read it very carefully and let us know if you have any questions. If you do not agree with any
of the terms herein, do not use the Site. This Agreement does not govern your use of any products or services offered by LoudSiren
from the Site, or otherwise. You must accept any terms and conditions relating to LoudSiren products and/or services for which you
subscribe as a condition to such subscription. Such terms will be presented to you in connection with any such subscription.
2. GOVERNING LAW – THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO
PRINCIPLES OF CONFLICT OF LAWS.
3. USE OF THE SITE – You may only use this Site for its intended purpose and solely in accordance with this Agreement. In addition,
you may not restrict or inhibit any other person from using or enjoying the Site. The Site may contain links to other Internet sites
and third-party resources. LoudSiren is not responsible for either the availability of these outside resources or their content.
LoudSiren may, but is not obligated to, monitor your use of the Site.
4. INTELLECTUAL PROPERTY – The content of this Site is protected by law, including without limitation United States copyright law,
trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download
the materials on this Site solely for your own personal, non-commercial use, provided that none of the content is modified and all
of LoudSiren's legal legends are retained. You may not "mirror" any content contained within this Site without the express prior
written consent of LoudSiren. Except as stated herein, none of the content may be reproduced, distributed, published, displayed,
downloaded, or transmitted in any form by any means without the prior written permission of LoudSiren or the appropriate copyright
owner. LoudSiren does not grant you any licenses, express or implied, to the intellectual property of LoudSiren or its licensors
except as expressly stated in this Agreement.
5. TRANSMISSION OF CONTENT – Any material, information or ideas that you transmit to or post to or through this Site by any means
will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by LoudSiren for any
purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with
LoudSiren's Privacy Policy, which can be found at http://www.LoudSiren.com/Privacy.aspx. You agree to the terms of such Privacy
Policy by providing your personal information to LoudSiren. You are prohibited from posting or transmitting to or through this
Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, or
any other material that is illegal or could give rise to legal liability under applicable law.
6. INTERNATIONAL USE – This Site is controlled and operated by LoudSiren from within the United States. LoudSiren makes no
representations that materials contained within the Site are appropriate or available for use in other locations, and access
to the Site from locations where such activity is illegal is prohibited. Those who choose to use the Site from other locations do
so on their own initiative and are solely responsible for compliance with all applicable laws.
7. U.S. GOVERNMENT RESTRICTED RIGHTS – The content of this Site is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure
by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
8. LIMITATION OF LIABILITY – THE SITE IS PROVIDED "AS IS" AND LOUDSIREN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. UNDER NO
CIRCUMSTANCES SHALL LOUDSIREN BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF
YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED THEREIN, EVEN IF LOUDSIREN KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING
NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.
9. MODIFICATIONS – This Agreement may be modified by LoudSiren at any time by updating and posting a new version on the Site or by
otherwise notifying you of the revised Agreement. By using the Site, you agree to be bound by the terms and conditions of the version
of this Agreement that is in force during such use.
10. TERM AND TERMINATION – This Agreement is effective as of the date of your first access or use of the Site, and shall remain in
effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement.
11. GENERAL – The state or federal courts sitting in Leon County, Florida shall have exclusive jurisdiction and venue over any
dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. This Agreement may not
be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement
by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this
Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum
extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement,
to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions
herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the
prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used
herein are for convenience only and shall not be given any legal import.
Click here to view our Privacy Policy
Last Updated October 29, 2007
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