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Welcome to Ultra Electronics Audiopack website. These Terms of Use should be
read carefully upon visiting the Site, using the Site, or purchasing any
of our products through the Site. Please check back periodically, as Ultra Electronics Audiopack reserves the right to modify these Terms
of Use from time to time.
ACCEPTANCE
OF TERMS
By visiting or using the Site you accept the Terms of Use as set forth
herein. If you do not agree with all of these Terms, do not visit or use
the Site. Visiting and using the Site is expressly conditioned upon your
assent to all the Terms of Use set forth herein.
CONTENT
While Ultra Electronics Audiopack uses reasonable efforts
to include accurate information on the Site, Ultra Electronics Audiopack does not guarantee the accuracy or reliability of any information
or material that is found on, in connection with, or posted to our Site,
and has no liability for such information or material, including for any
errors or omissions in the content of the Site. Further, although it may
choose to do so, Ultra Electronics Audiopack is under no
obligation to record or retain any of the material on or associated with
the Site, regardless of any requests to do so.
CONDUCT
The Site may be used solely for lawful purposes, and may not be used in
violation of any applicable law. The Site may not be used for the purposes
of destroying, disrupting or interrupting any software, hardware or any
part of the Internet, including denial of service attacks, imposition
of an unreasonable or disproportionately large load on our infrastructure,
or virus dissemination. You may not use any robot, spider or other automated
device to monitor or copy the web pages of the Site or the contents therein
without the express written permission of Ultra Electronics Audiopack. Ultra Electronics Audiopack, in its sole
discretion, reserves the right to prohibit use of the Site by any user
who violates any of these Terms of Use.
INFORMATION
YOU SEND TO US
Except as otherwise expressly set forth herein, any communication or material
you transmit to the Site by electronic mail or otherwise, including any
data, questions, comments, suggestions, or the like is, and will be treated
as, nonconfidential and non-proprietary and may be used by Ultra Electronics Audiopack or its affiliates for any purpose, including, but
not limited to, reproduction, disclosure, transmission, publication, broadcast
and posting. You grant Ultra Electronics Audiopack a royalty
free, perpetual, irrevocable, worldwide license to reproduce, modify,
adapt, create a derivative work from, perform, distribute, or publish
any such material. Furthermore, Ultra Electronics Audiopack
is free to use any ideas, concepts, know-how, or techniques contained
in any communication you send to the Site for any purpose whatsoever including,
but not limited to, developing, manufacturing and marketing products using
such information. Ultra Electronics Audiopack expressly
reserves the right to disclose any material transmitted to us, or information
relating to such material, if required to do so by law or in good faith
belief that such disclosures are reasonably necessary to (i) comply with
the legal process; (ii) enforce the terms and provisions contained herein;
(iii) respond to any claim that material contained on or associated with
the Site is in violation of any right of any third party; or (iv) to protect
the rights, property, or personal safety of Ultra Electronics Audiopack, its employees, its users, or the general public.
OWNERSHIP
All materials on the Site created or provided by Ultra Electronics Audiopack, including text, graphics, logos, icons, and images,
are the property ofUltra Electronics Audiopack or its content
providers, and are protected by United States and international intellectual
property laws. The compilation of all the content on this Site is the
exclusive property of Ultra Electronics Audiopack and is
also protected by United States and international intellectual property
laws. You may download, view, copy, and print the materials on this Site
for personal use only, provided that you do not remove or alter any trademark,
service mark, or logo, or any copyright or other intellectual property
notices. Except as provided above, you may not download, view, copy, print,
reproduce, distribute, republish, display, post, transmit, or modify any
material, or portion thereof, located on the Site in any form or by any
means without the prior written consent of Ultra Electronics Audiopack. Ultra Electronics Audiopack reserves the right to revoke any of the rights granted herein
at any time, and those rights automatically terminate if you violate any
of the terms or provisions herein. Upon revocation or termination of such
rights, you must destroy any digital or printed copies obtained from any
portion of the Site. Unauthorized use of any material on Ultra Electronics Audiopack
may violate copyright law, trademark law, and other laws of the United
States and other jurisdictions. All rights not expressly granted herein
are reserved.
Ultra Electronics Audiopack, TriCom,
BLUEPATH and BLUEPACK are trademarks of Ultra Electronics Audiopack. The trademarks, service
marks, and logos used on the Site are trademarks of Ultra Electronics Audiopack or others.
Nothing on the Site shall be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any trademark without the prior
written consent of Ultra Electronics Audiopack. The designations , ®, ©,
SM or any other intellectual property symbols reflect registration and/or
use in the context of United States laws related to such intellectual
property rights.
PAYMENT
Payment for any products purchased through the Site is governed by the
applicable terms of sale.
LINKS
TO OTHER SITES
The Site may contain links to other web sites. Ultra Electronics Audiopack has no control
over, and accepts no liability, obligation, or responsibility for, the
contents or performance of other websites. Such links do not constitute
an endorsement of or any representation regarding the linked website,
its content, owner, performance, or products or services described or
depicted therein.
DISCLAIMER
OF WARRANTIES
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Ultra Electronics Audiopack EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING
THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, AND NON-INFRINGEMENT.
Ultra Electronics Audiopack MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS;
(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii)
RESULTS THAT MAY BE OBTAINED BY USING THE SITE WILL BE ACCURATE OR RELIABLE;
(iv) INFORMATION OR OTHER MATERIAL PURCHASED, OBTAINED, OR TRANSFERRED
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, DESIRES, OR NEEDS; OR (v)
ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED.
Any warranties that
may apply to products or services identified on the Site will be as set
forth in applicable terms of sale.
Any use of the Site, or distribution, download or access of or reliance
on information or material from the Site is undertaken at your own risk
and discretion, and you will be solely responsible for any loss or damage,
including to your computer system, data, or otherwise resulting therefrom.
No information or material obtained from or through the Site shall create
any warranty not expressly stated herein.
LIMIT
OF LIABILITY
IN NO EVENT WILL Ultra Electronics Audiopack BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR LOSS OF DATA, OR OTHER
INTANGIBLE LOSS (EVEN IF Ultra Electronics Audiopack HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RELATED TO THE USE OF OR INABILITY TO USE THE SITE.
IN JURISDICTIONS WHICH
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SOME OF THE PROVISIONS SET
FORTH ABOVE MAY NOT APPLY TO YOU.
Ultra Electronics Audiopack SHALL NOT
BE LIABLE FOR ANY FAILURE TO PERFORM UNDER THESE TERMS OF USE WHERE SUCH
FAILURE RESULTS FROM ANY CAUSE BEYOND Ultra Electronics AudiopackS REASONABLE CONTROL,
INCLUDING BUT NOT LIMITED TO MECHANICAL, ELECTRONIC OR COMMUNICATIONS
FAILURE OR DEGRADATION.
GLOBAL
AVAILABILITY & APPLICABLE LAWS
The Site may contain references to Ultra Electronics Audiopack products, services, or programs
that are not available in your country. Such references are not intended
to announce such products, services, or programs in your country. Ultra Electronics Audiopack
makes no representation that access to the Site is permitted under the
laws of your country, and access to the Site is prohibited anywhere such
access would violate local law. You are responsible for compliance with
all applicable laws governing your access to the Site. The use of the
Site and any claim relating to it or its contents are governed by laws
of the state of Ohio, United States of America and controlling federal
law of the United States of America, without regard to conflict of laws
provisions.
The Site may not be
accessed or used by: (1) a national or resident of Cuba, Iraq, Libya,
Sudan, North Korea, Iran, Syria, or any other country upon which the United
States has imposed an embargo; or (2) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Denial Orders ("Embargoed Countries"). You hereby agree
to the foregoing and represent and warrant that you are not a national,
resident or under the control of any such country, or on any such list.
GENERAL
INFORMATION
The terms and provisions set forth in these Terms of Use are the complete
and exclusive Terms of Use between Ultra Electronics Audiopack and you and they supersede
and cancel any other agreements, communications or understandings pertaining
to the subject matter of these Terms of Use. In the event that any term
or provision of these Terms of Use is deemed invalid or unenforceable
by a court of competent jurisdiction, the term or provision shall be limited
or interpreted in such a manner as to render the remaining terms and provisions
valid and enforceable to the maximum extent allowed by law. Courts of
the State of Ohio and the United States of America located in Cleveland,
Ohio shall exercise exclusive jurisdiction and venue of any action related
to the Site or these Terms of Use, and you agree to submit to personal
and exclusive jurisdiction of these courts. Any failure by Ultra Electronics Audiopack to
exercise or enforce any term, provision, or right established by these
Terms of Use shall not constitute a waiver of such term, provision, or
right. These Terms of Use do not create an agency, joint venture, or employment
relationship, and you do not have the right to bind Ultra Electronics Audiopack in any respect
whatsoever. The terms and provisions of these Terms of Use may not be
assigned, transferred, or sublicensed by you; however, TECHNOLOGIES reserves
the right to assign these Terms of Use in part or in whole to any third
party. You agree that, regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to the Site or
these Terms of Use must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles in these
Terms of Use are for convenience only and do not have any legal or contractual
effect whatsoever.
Photos provided by
the Department of Defense.
Copyright
2005-2006 Ultra Electronics Audiopack. All rights not expressly
granted in these Terms of Service are reserved.
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