Origin Acoustics
Terms & Conditions
Updated 10/22/14
By accessing, browsing, or using this website, you acknowledge that you agree to be bound by the following Terms & Conditions of Use and other applicable law.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS OF USE, PLEASE DO NOT USE THIS WEBSITE.
PLEASE READ THE FOLLOWING TERMS & CONDITIONS BEFORE USE OF THIS SITE.
Terms & Conditions of Site Use
- Copyright, Trademark other Proprietary Notices
- Certain Disclaimers
- Global Availability
- Third Party Links
- Linking to this Site
- Translations
- Term and Termination
- Disclaimer of Warranty
- Limitation of Liability
Terms & Conditions of Sale/Storefront Use
- Notice
- Changes
- Electronic Contracting
- System Requirements
- Your Account
- Force Majeure
- Warranty; Disclaimer of Warranties
- Limitation of Liability
Terms & Conditions of Site Use
COPYRIGHT, TRADEMARK OTHER PROPRIETARY NOTICES This website contains proprietary notices and copyright information, the terms of which must be observed and followed. This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without ORIGIN’s prior written consent, except that ORIGIN grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial use of this website. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use of this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. Your failure to comply with the terms, conditions and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, ORIGIN does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another website or in any other media.
CERTAIN DISCLAIMERS Information on this website is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. ORIGIN assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site. ORIGIN provides no assurances that any reported problems will be resolved by ORIGIN, even if ORIGIN elects to provide information with the goal of addressing a problem. ORIGIN may, without notice to you, at any time revise these Terms & Conditions of Use and any other information contained in this website. ORIGIN may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
GLOBAL AVAILABILITY Information ORIGIN publishes on this website may contain references or cross references to ORIGIN products, programs, and services that are not announced or available in your country. Such references do not imply that ORIGIN intends to announce or make available such products, programs, or services in your country. Please consult your local ORIGIN business contact for information regarding the products, programs, and services that may be available to you.
THIRD PARTY LINKS This website may provide links or references to non-ORIGIN websites and resources. ORIGIN makes no representations, warranties, or other commitments whatsoever about any non-ORIGIN websites or third-party resources that may be referenced, accessible from, or linked to any ORIGIN site. A link to a non-ORIGIN website does not mean that ORIGIN endorses the content or use of such website or its owner. In addition, ORIGIN is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an ORIGIN site. Accordingly, you acknowledge and agree that ORIGIN is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a non-ORIGIN website, even one that may contain the ORIGIN logo, please understand that it is independent of ORIGIN, and that ORIGIN does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
LINKING TO THIS SITE All links to this website must be approved in writing by ORIGIN, except that ORIGIN consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with ORIGIN; (c) imply that ORIGIN approves or endorses you, your website, or your service or product offerings; and (d) present false or missing impressions about ORIGIN or otherwise damage the goodwill associated with the ORIGIN name or trademarks. As a further condition to being permitted to link to this site, you agree that ORIGIN may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any ORIGIN trademark.
TRANSLATIONS Certain text in this website may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and ORIGIN makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.
DISCLAIMER OF WARRANTY Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. ORIGIN expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, ORIGIN makes no warranty or guarantee that this website will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY In no event will ORIGIN be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced, or accessed through this website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if ORIGIN is expressly advised of the possibility of such damages. This exclusion and waiver of liability apply to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
TERM AND TERMINATION These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be terminated by Origin without notice at any time, for any reason. The provisions relating to these terms and conditions shall survive any termination.
Terms & Conditions of Sale/Storefront Use
NOTICE The communications between you and ORIGIN are electronic. You consent to receive communications from ORIGIN in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
CHANGES ORIGIN reserves the right at any time to change the Terms & Conditions and to impose new or additional terms or conditions. Such modifications and additional terms and conditions will be effective immediately and incorporated into this site. Your continued use of the site will be deemed acceptance thereof.
ELECTRONIC CONTRACTING Your use of the SITE includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, PROGRAMS AND CREDIT APPLICATIONS.
SYSTEM REQUIREMENTS In order to access and retain your electronic records and place orders, you may be required to have certain hardware and software, which are your sole responsibility.
YOUR ACCOUNT As an ORIGIN Dealer and user of the SITE, you will be required to establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify ORIGIN of any security breach of your Account. ORIGIN shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”).
FORCE MAJEURE ORIGIN shall be excused from delay or non-performance in the delivery of an order and the DEALER shall have no claim for damage if and to the extent such delay or failure is caused by occurrences beyond the control of ORIGIN including, but not limited to, market conditions; acts of God; war, acts of terrorism, riots and civil disturbances; expropriation or confiscation of facilities or compliance with any order or request of governmental authority; strikes, labor or employment difficulties whether direct or indirect; or any cause whatsoever which is not within the reasonable control of ORIGIN. ORIGIN shall immediately notify the DEALER of the existence of any such force majeure condition and the anticipated extent of the delay or non-delivery. ORIGIN shall, in such event, have the right to allocate available ORIGIN Products among its customers in its sole discretion.
WARRANTY; DISCLAIMER OF WARRANTIES DEALER shall make no warranties or guarantees with respect to the Products or the use thereof except as may from time to time be authorized in writing by ORIGIN. Sales shall be made under the warranty as in effect at the time of sale. The DEALER shall provide purchasers such warranty information as supplied by ORIGIN. EXCEPT FOR THE EXPRESS WARRANTY PROVIDED BY ORIGIN, ORIGIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO PRODUCTS SUPPLIED PURSUANT TO THIS AGREEMENT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY The liability of ORIGIN, if any, for damages for any claim of any kind whatsoever, regardless of the legal theory, with regard to any order placed by the DEALER, shall not exceed the actual purchase price of the Products with respect to which such claim is made. Under no circumstances shall ORIGIN be liable to DEALER for the loss of present or prospective profits, expenditures, investments, or commitments for any reason whatsoever, and in no event shall ORIGIN be liable to the DEALER for special, incidental, or consequential damages. No stockholder, officer or employee or other principals, agents or representatives of ORIGIN shall be personally liable to DEALER.