Terms and Conditions. All Rights Reserved.
No portion of the terms and conditions herein may be reproduced in any form, or by any means, except as authorised herein, without prior written permission from Polk Audio, LLC.
By accessing this Website ("Site"), you agree to all terms, conditions, and notices contained or referenced in these "Terms of Use." If you do not agree to these Terms of Use, please do not use this Site. The content and other materials (collectively the "materials") available on this Site are proprietary to Polk ("Polk"), or its affiliates. Polk reserves the right to update and change these Terms of Use from time to time at our sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the case of any violation of these Terms of Use, Polk reserves the right to seek all remedies available in law and equity for such violations.
You acknowledge and agree that all materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and that any unauthorised use of the materials may violate such rights and laws. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted or transmitted, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Polk. Any use of the materials on any other website, server, or networked computer environment for any purpose is expressly prohibited. If you violate these Terms of Use, your authorisation to use this Site automatically terminates.
If you download software from this Site ("Software"), use of the Software is subject to the licence terms in the Software Licence Agreement that accompanies or is otherwise provided with the Software. You may not download or install the Software until you have read and agreed to the terms of the Software Licence Agreement.
Although Polk has attempted to provide accurate information on this Site, Polk assumes no responsibility for the accuracy of the information or materials; nor does Polk warrant that the information or materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Polk may change the materials or products mentioned at any time without notice. Mention of non-Polk products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. You are responsible for protecting your account information, including passwords associated therewith.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL POLK OR ITS AFFILIATES, SUPPLIERS, OR THIRD PARTY CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY POLK PRODUCT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN). BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein ("User Communication(s)") will be considered non-confidential and non-proprietary. Polk will have no obligations with respect to such User Communications; and by posting or submitting User Communications to this Site you: (i) agree that Polk and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, and (ii) warrant and represent that the public posting and use of your User Communications by Polk will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material to this Site that could give rise to any civil or criminal liability under the law.
Polk reserves the right to remove content or discontinue services available on this Site with or without notice. Polk further reserves the right to terminate your authorisation to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.
This Website may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk. Polk does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on these sites, or about any products found at those sites, or about any search results that may be obtained from using them. Polk provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Upon a request by Polk, you agree to defend, indemnify, and hold harmless Polk and its subsidiaries, affiliates, employees, officers, and directors from all liabilities, claims, and expenses, including barrister's fees that arise from your misuse of this Site. Polk reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Polk in asserting any available defences.
Polk makes no representation that materials on this site are appropriate or available for use in locations outside Australia. If you choose to access this site from locations outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department at (03) 8542 1111