TERMS OF USE

Thank you for visiting our website. This Website is governed by the Terms and Conditions set forth below, as well as any applicable laws, statutes, ordinances and regulations. By browsing, visiting or otherwise accessing or using this Website, you agree to abide by the Terms and Conditions set forth below. We reserve the right, at any time, to modify or update these Terms and Conditions, and you agree to be bound by such modifications or updates.

Use

This Website is for your personal and informational use only. Any other use requires our prior written consent.

Warranties and Disclaimers

You use this website and its material at your own risk as this website and its material are provided on an As Is and As Available basis. Shively Acoustics International make no representations or warranties, express or implied, and assume no liability in connection with the use of this website including but not limited to the accuracy, reliability, completeness, content or timeliness of the material, products, services, software, text, graphics, links provided on this website; results to be obtained from using the website or of any website referenced or linked to this website; that this website will operate error-free; or that the website and its server are free of computer viruses or other harmful material. Shively Acoustics International to the fullest extent permitted by law, disclaim all warranties, either express or implied, including but not limited to the implied warranties of merchantability or fitness for particular purpose, title or the warranty of non-infringement of third parties right. Some states do not permit such a limitation, so the above limitation may not apply to you.

Shively Acoustics International is not liable for any direct, indirect, incidental, consequential, special or punitive damages whatsoever whether in an action or warranty, contract, or tort arising out of your access to or use of or inability to use this website, or sites linked to this website, including but not limited to improper product selection, failure to provide products or services, loss of use, data or profits. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

Shively Acoustics International obligations and responsibilities regarding Shively Acoustics International services are governed solely by the agreements under which they are sold. Shively Acoustics services are subject to the limited warranty and adjustment policies that Shively Acoustics may issue for its services from time to time. Nothing contained in this website modifies or limits such warranties and adjustments policies in any way.

Copyright Notice

This Website and the content on this website, including all content are owned by Shively Acoustics International or its partners and are protected by copyright and other intellectual property laws. Absent the prior written consent of Shively Acoustics International or the owner of such materials, you agree not to copy, distribute, modify or make derivative works of any materials on this website without the prior written consent of the owner of such materials. All rights not granted under these Terms and Conditions are reserved by Shively Acoustics International.

Prohibited Conduct

You may not use data mining techniques or other automated devices or programs to download, store or otherwise reproduce, store or distribute content available on the website. You may not resell access to this website, or any content contained within the website, to any third party. You may not use the website for your own commercial purposes (other than considering or engaging in business with Shively Acoustics) without the prior written consent of Shively Acoustics.

Links

For the convenience of users of this website, Shively Acoustics may permit one or more links to other websites from time to time. The internet websites to which links are provided in this website are not under the control of Shively Acoustics. Shively Acoustics assumes no responsibility for the contents of any non-Shively Acoustics linked internet website, or for any potential damage arising out of or in connection with the use of any such link.

In addition, the existence of a link between this website and any other website is not and shall not be understood to be an endorsement by Shively Acoustics of the owner or proprietor of the linked internet website, nor an endorsement of Shively Acoustics by the owner or proprietor of such linked website.

Privacy

Unless personally identifiable information is voluntarily submitted, the only information Shively Acoustics collects from visitors to this website is the date and time of a visit, the pages visited, the name of the visitors Internet service provider and the website that referred the visitor. We use this data to measure site activity, to general statistics, and to improve the services and information provided by the website. Personally identifiable information which is voluntarily submitted is use only to fulfill the visitors request or for the purposes indicated on the page where the information is requested. We never provide any information (personal or non-personal) to any other company for that company’s independent use.

Trademark
The trademarks and logos (the Trademarks) displayed on this site are the property of Shively Acoustics and/or its affiliates. Nothing on this site should be construed as granted any license or right to the Trademarks without the express written consent of Shively Acoustics. The unauthorized use of the Trademarks is strictly prohibited. Shively Acoustics aggressively enforces its intellectual property rights around the world to the fullest extent of the law.

Indemnity
By using this website, you agree to defend, indemnity, and hold harmless Shively Acoustics, its affiliates, officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Shively Acoustics may become obligated to pay arising or resulting from your use of the site material or your breach of these terms and conditions. Shively Acoustics reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

User Submissions
Shively Acoustics welcomes your comments on our website and services. However, you acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the information), the information shall be deemed, and shall remain Shively Acoustics property. Generally, any communication which you post to the website or transmit to Shively Acoustics over the internet is considered to be, and will be treated as, non-confidential. If particular webpages permit the submission of communications which will be treated by Shively Acoustics as confidential, that fact will be clearly stated on those pages. Without limitation of the foregoing, by submission of any information to us, you assign to us and we shall exclusively own all now known or hereafter existing rights to such information of every kind of nature throughout the universe and shall be entitled to unrestricted use of the information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.

As user of this website, you are responsible for your own communications and are responsible for that consequences of the posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate other person.

Shively Acoustics reserves the right to expel users and prevent their further access to this website for violating these terms or the law and reserves the right to remove any communications from this site.

Miscellaneous
Shively Acoustics does not claim that the materials on this website are appropriate or may be used outside of the United States. Access to the site materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The laws of the State of Indiana, U. S. A. shall govern these Terms and Conditions. You hereby expressly consent to exclusive jurisdiction and venue in the courts located in Indiana, U.S.A. for all matters arising in connection with these terms and conditions or your access or use of the site.

Any claims asserted by you in connection with the website must be asserted in writing to Shively Acoustics within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.

Contact Information.

Should you have any questions you may contact roger@shivelyacoustics.com.

These Terms of Use were last updated on June 8th, 2023.