Terms of Use - Audio Precision

Welcome to the www.ap.com website (the “Site”). The Site is owned and operated by Audio Precision, Inc. (an Oregon corporation).

Please read these Terms of Use (“Terms”) carefully before you use the Site. By using the Site, you, on behalf of yourself and any entity you represent, if applicable, acknowledge that you have read and understand these Terms, you agree to be bound by these Terms, and these Terms form a legally-binding agreement between you and Audio Precision. If acting on behalf of an entity, you must have, and you represent and warrant that you have, full authority to bind your entity to these Terms. These Terms apply to your use of the Site, and, unless otherwise expressly stated, these Terms do not apply to any of our offline transactions with you. Further, by using the Site, you also consent and agree to the information practices disclosed in our Privacy Statement (www.ap.com/legal), which is incorporated into and made a part of these Terms by this reference and discussed below. You acknowledge and agree that these Terms are supported by reasonable and valuable consideration (which consideration includes your use of the Site), and you acknowledge your receipt of and the sufficiency of the consideration. Do not use the Site if you do not agree with each term and condition in these Terms.

We reserve the right, without notice and for any reason, to remove any content from or services offered through the Site; to modify, suspend, or discontinue the Site; and/or to deny access of any user to all or any part of the Site.

Modification of Terms. We reserve the right to change these Terms at any time in our discretion. If we change these Terms, we will post that fact on our Site and post the revised Terms here. Unless a later date is indicated, any changes will be effective when we post the changes on our Site. You can determine if these Terms have been revised since your last visit to the Site by referring to the effective date or last updated date at the top of these Terms. We encourage you to review these Terms frequently. We will also give you direct notice of any material changes to these Terms if we have your current contact information AND if required by law. Your use of the Site following such revision to these Terms constitutes your acceptance of and agreement to these Terms, as revised.

Ability to Agree to Terms; Intended Users. The Site is intended for adults only. By using the Site, you affirm that you (i) are eighteen (18) years old or older, or that you are between the ages of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site and provide information through the Site; and (ii) have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms. Our Site and services are directed to people who are at least thirteen (13), and children under age 13 are prohibited from using the Site. Audio Precision does not and will not knowingly (i) collect or permit submission of personally-identifiable information of anyone under age 13 through the Site; (ii) contact children under age 13 for marketing purposes; or (iii) sell products or services to children under age 13.

Jurisdiction. The Site is controlled and operated from the United States and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. Use of the Site is unauthorized in any jurisdiction that does not give effect to all of these Terms. If you access the Site, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Site. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Unless otherwise set forth in these Terms, notices to you may be made via postings to the Site, by email, or by regular mail, in our discretion, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

User Permissions and Obligations.
a. Right to Use the Site and Audio Precision Content. Audio Precision grants you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, and limited license to access and use the Site solely for personal or internal business purposes and to download and print limited copies of AP Content solely for personal or internal business purposes (“AP Content” is defined as all text, graphics, logos, images, audio clips, videos, digital downloads, and any other material or information on, comprising, or used in connection with the Site); provided that you comply with these Terms. If a specific portion of the Site allows you to download and print a specific number of copies of AP Content, you must only download and print the specified number of copies. Any other copying, reproduction, use, distribution, republication, display, rental, sale, other transfer, modification, or translation of the Site and/or AP Content (or creation of derivative works based on the Site or AP Content) is strictly prohibited without the express prior written permission of Audio Precision.

b. Technical Requirements. You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Site, including all related expenses, if any.

c. INDEMNIFICATION BY YOU. UNLESS AND ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AUDIO PRECISION, ITS SUCCESSORS AND ASSIGNS, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, SHAREHOLDERS, AND AGENTS FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AWARDS, AND COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) DUE TO OR ARISING OUT OF (i) YOUR USE OF OR ACTIVITIES IN CONNECTION WITH THE SITE, AP CONTENT, OR OTHER INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE; (ii) YOUR INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF ANY THIRD-PARTY RIGHTS; AND/OR (iii) YOUR VIOLATION OF THESE TERMS, OR ANY LAW, RULE, OR REGULATION, AND/OR ANY BREACH OF YOUR REPRESENTATIONS OR WARRANTIES MADE IN THESE TERMS.

d. Conduct on the Site. You agree NOT to:

Use the Site or AP Content for any fraudulent or unlawful purpose or any purpose prohibited by these Terms.
Use the Site or AP Content in any manner that may adversely affect Audio Precision’s resources or the availability of the Site to others, or in any way that disrupts the operation of the Site or the servers or networks that make the Site available;
Delete or revise any AP Content on the Site, or modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise tamper with any portion of the Site or AP Content;
Remove or modify any copyright, trademark, or other proprietary rights notice from the Site or any AP Content;
Create a database by downloading and saving AP Content or any other material from the Site;
Download, copy, or use any AP Content or any other information or content on or comprising the Site in order to compete with Audio Precision in any way;
Use the Site to design, develop, operate, support, market, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Site;
Use the Site to transmit, disclose, collect, or store personal information about others;
Use the Site or information obtained through the Site to contact anyone who has asked not to be contacted or in violation of applicable law;
Submit any material or information that is illegal, obscene, threatening, harassing, slanderous, defamatory, abusive, invasive of privacy; or that infringes, misappropriates, or otherwise violates the proprietary or legal rights of any person or entity; or that contains software viruses, worms, corrupted data, cancel bots, or other code that may be harmful or invasive;
Impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make or have made;
Violate the rights of any third party or breach any contract with or duty owed to any third party;
Attempt to gain unauthorized access to the Site. You may not attempt to defeat any security measures that we take to protect the Site;
Frame or mirror any part of the Site; or
Use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather AP Content or other material on or comprising the Site, or reproduce or circumvent the structure or presentation of the Site without our prior written consent. General purpose Internet search engines can access the Site and use limited content from the Site if, in all cases: (i) They provide a direct hyperlink to the relevant web page from the Site; (ii) they link to and use the content solely in connection with their activities as an Internet search engine; and (iii) they access the Site from a stable IP address using an easily-identifiable agent. We reserve the right to revoke this permission.

Accuracy of AP Content. We attempt to provide AP Content on the Site that is complete, accurate, and current. Despite our efforts, AP Content may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any AP Content.

Feedback. By submitting ideas, suggestions, enhancement requests, and/or proposals (“Contributions”) to us through the Site or otherwise, you acknowledge and agree that: (i) Your Contributions do not contain the confidential or proprietary information of you or any third party; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we are entitled, but not obligated, to use or disclose (without notice or credit given to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (iv) we may have something similar to the Contributions already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your Contributions; (v) you hereby assign to Audio Precision all rights, titles, and interests in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein); and (vi) you are not entitled to compensation of any kind for your Contributions.

Privacy. For information on how we use and protect the personal information and automatically-collected information collected through your use of the Site, view our Privacy Statement here [www.ap.com/legal]. Your use of the Site constitutes your acknowledgment of and agreement to our Privacy Statement, and you acknowledge that you have read and understand our Privacy Statement.

Registration. You will need to register for an account to use portions of the Site. When registering, you agree to provide current, complete, and accurate information. You also agree to update your information if any information changes. You agree not to use a false or misleading name or a name you are not authorized to use.

In order to register for an account, you will need to enter a username (your email address) and password. Your password is for personal use or internal business use only and must be kept confidential. You are not allowed to give your password to any third party or otherwise allow a third party to access to your account. You will be responsible for all use of and activity that occurs under your account by you or a third party who obtains the password from you (either with or without your knowledge). You agree to promptly notify us of any unauthorized use of your password and/or account. We will not be liable for any loss, damage, or liability that you or others may incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for losses, damages, and liabilities incurred by us or others as a result of someone else using your password, either with or without your knowledge.

No Warranty; Limitation of Liability. YOU USE THE SITE AT YOUR OWN RISK. WE PROVIDE THE SITE, AP CONTENT, AND ALL OTHER INFORMATION AND MATERIALS OBTAINED ON AND/OR COMPRISING THE SITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, AP CONTENT, AND ALL OTHER INFORMATION AND MATERIALS OBTAINED ON AND/OR COMPRISING THE SITE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, NON-INFRINGEMENT, AND TITLE. WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY THAT THE SITE, AP CONTENT, AND/OR OTHER INFORMATION OR MATERIALS OBTAINED ON AND/OR COMPRISING THE SITE WILL BE SAFE OR SECURE, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, UNINTERRUPTED, TIMELY, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE. AUDIO PRECISION IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, OR THE INTERCEPTION OR LOSS OF ANY DATA TRANSMITTED TO OR FROM THE SITE. WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE SITE WILL BE SECURE AND NOT INTERCEPTED BY A THIRD PARTY. AUDIO PRECISION SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR FAILURE OF OR DAMAGE TO ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION, TELEPHONE, OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS OR INTERCEPTION OF DATA, THEFT, OR ERRORS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PARAGRAPH OR ANY OTHER DISCLAIMERS OR LIMITATION OF LIABILITY IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUDIO PRECISION WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, MULTIPLIED, EXEMPLARY, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS; LOSS OF USE; LOSS OF DATA; LOSS OF SECURITY OF YOUR INFORMATION; OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH (i) YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE; (ii) AP CONTENT OR OTHER INFORMATION OR MATERIALS ON AND/OR COMPRISING THE SITE; AND/OR (iii) ANY THIRD-PARTY PRODUCT, SERVICE, OR PROMOTION ADVERTISED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SAME. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS ARE A MATERIAL PART OF OUR AGREEMENT. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN TYPES OF DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE SHALL BE USD 50.00. NOTWITHSTANDING THE FOREGOING SENTENCE, IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

NO STATEMENTS, WHETHER ORAL OR WRITTEN, MADE BY ANY DIRECTOR, OFFICER, MEMBER, EMPLOYEE, SHAREHOLDER, OR AGENT OF AUDIO PRECISION OR MADE ON THE SITE MAY BE DEEMED AS A REPRESENTATION OR WARRANTY ON BEHALF OF AUDIO PRECISION IN CONTRADICTION TO THIS SECTION 10 OR ANY OTHER PROVISIONS OF THESE TERMS.

IN AGREEING TO THE LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THE LIMITATIONS OF LIABILITY TO INCLUDE ONLY THOSE CLAIMS THAT YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THE LIMITATIONS OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE § 1542 (AND ANY SIMILAR LAWS IN OTHER JURISDICTIONS), WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Security. While we try to maintain the security of the Site, we do not guarantee that the Site will be secure. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alterations to or use of the Site or any other breach of security, please contact us immediately. Additional information regarding the security of your information is included in our Privacy Statement, located here: [www.ap.com/legal]

Audio Precision’s Intellectual Property Rights. AUDIO PRECISION®, AUDIO PRECISION & Design®, AP & Design®, APWIN®, FASTTEST®, PORTABLE ONE®, SYSTEM ONE®, SYSTEM TWO®, THE RECOGNIZED STANDARD IN AUDIO TEST™ slogan, and other trademarks, service marks, and names appearing on the Site are registered or unregistered trademarks and service marks of Audio Precision in the United States and other countries. Audio Precision exclusively owns all rights, titles, and interests in and to these trademarks, service marks, and names. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own other trademark rights. All rights not expressly granted are reserved. Your use of our trademarks, service marks, and names without our prior written consent is strictly prohibited.

Product, service, and company names that appear on the Site that are not owned by us are subject to trademark and/or other rights of other parties.

All AP Content; the selection, arrangement, and presentation of all AP Content (including information in the public domain); and the overall design, “look and feel,” color combinations, and other graphical elements of the Site; and all rights, titles, and interests therein (including without limitation all copyright, trademark, and other intellectual property and proprietary rights therein) are the exclusive property of Audio Precision or its licensors or suppliers.

Links. The Site contains links to other websites and online resources that we do not own, operate, or control. We are not responsible for and do not endorse such external sites or their content. If you click on the links, you will leave the Site and be subject to the terms of use and privacy policies of the linked sites. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. We make no guarantees and disclaim any representations or warranties, express, implied, or otherwise about the accuracy, relevance, timeliness, completeness, or appropriateness of these sites, the information contained in them, and/or the products or services they provide. We shall not be liable, directly or indirectly, for any damage or loss incurred by you in connection with websites, products, or services accessed through links contained on the Site.

Audit Rights and Enforcement. We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your use of the Site to determine your compliance with these Terms. We have the right to enforce these Terms, for any reason and in any manner or by any means that we, in our discretion, deem necessary or appropriate. We may cooperate with any legal process relating to your use of the Site and/or any third party claim that your use of the Site is unlawful or infringes, misappropriates, or otherwise violates any third party’s rights.

Discontinuance and Modification; Termination. There is no guarantee that we will continue to offer or provide the Site, and we may simply suspend or discontinue the Site (or any part thereof) at any time for any reason and without notice to you. We have the right to remove any content from the Site or to modify the Site. Unless prohibited by law, we may, in addition to all other rights and remedies, terminate your access to and use of the Site, your account, and all information associated with your account, if you breach any provision of these Terms or if you access or use the Site in a manner that is not expressly authorized by Audio Precision or that may harm Audio Precision. Regardless of the cause or basis for termination, you agree that we shall not be liable for any such termination of your access to the Site, your account, and/or information associated with your account; and (except as may be required under applicable law) we shall not be required to make such information available to you after such termination. You are not entitled to compensation or damages of any kind as a result of the termination. Accessing the Site after such termination will constitute an act of trespass, among other potential claims.

Your Discontinued Use. You may discontinue use of the Site at any time. These Terms will continue to apply to all past use of the Site, even if you are no longer using the Site, whether voluntarily or because we terminated your access to the Site.

Governing Law and Disputes. These Terms, and any dispute that may arise between you and Audio Precision regarding the Site or any AP Content or other information or materials on the Site, will be governed by the laws of the State of Oregon, USA, without regard to conflict-of-laws principles that might result in the application of the laws of any other jurisdiction. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL, STATE, AND LOCAL COURTS LOCATED IN MULTNOMAH COUNTY, OREGON, AND YOU WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS THERETO. YOU AGREE THAT ANY DISPUTE ARISING BETWEEN YOU AND AUDIO PRECISION UNDER THESE TERMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU FURTHER AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION ARISING OUT OF OR RELATED TO THESE TERMS. YOU FURTHER AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU MUST FILE ANY CLAIM OR CAUSE OF ACTION AGAINST AUDIO PRECISION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR FOREVER BE BARRED.

To the extent you have in any manner violated or threatened to violate Audio Precision’s intellectual property rights; disclosed or threatened to disclose any Audio Precision confidential or proprietary information; violated or threatened to violate the security of any person, data, Audio Precision servers or networks, and/or the Site; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such actual or threatened violation or breach will cause immediate and irreparable harm to Audio Precision, and we shall be entitled to injunctive and other appropriate relief, including without limitation specific performance (without the posting of a bond or other security and without proving damages), and you agree that we may seek such relief in any court of competent jurisdiction.

General. These Terms do not create any partnership, joint venture, employer-employee, broker-dealer, agency, or franchise relationship between you and us. If any provision of the Terms is determined to be invalid or unenforceable under applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in full force and effect. No waiver or failure to assert any provision of the Terms will be valid unless in writing and signed by Audio Precision. No waiver of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign our rights and duties under these Terms to any party, at any time, and without notice to you, unless otherwise expressly stated in these Terms or required by law. Unless otherwise expressly stated herein, these Terms (and the Privacy Statement incorporated into these Terms) constitute the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. We reserve all rights not expressly granted in these Terms.

Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying some current providers of such protections is available at: http://kids.getnetwise.org and http://onguardonline.gov. We do not endorse any of the products or services listed at these sites. Further, this notice shall not constitute an admission by us that any content on our Site is harmful to minors.

California Consumer Rights Notice. Under California Civil Code Section 1789.3, Site users who are California residents are entitled to the following consumer rights notice: The provider of this Site and associated services is Audio Precision, Inc., located at 5750 SW Arctic Drive Beaverton, OR 97005. As of the Effective Date of these Terms, no direct charges are imposed upon Site users solely for use of the Site. If you are a California resident, you may report complaints with the services provided through this Site to or request information regarding the services from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952–5210. We request that you first report complaints directly to us and try to resolve them with us before contacting the Complaint Assistance Unit.

Contact Us. If you have any comments or questions about these Terms or the Site, please contact us. Emails are not necessarily secure so please do not include sensitive information in any email to us.

Audio Precision, Inc.
Attn: Marketing Dept.
5750 SW Arctic Drive
Beaverton, OR 97005
[email protected]
(503) 627–0832