Terms and Conditions of Website Use

[June 5, 2006]

 Please read these Terms and Conditions of Website Use (these “Terms of Use”) carefully. By accessing or using this Shure.com website or any other website (collectively, the “Site”) of Shure Incorporated or its subsidiaries (collectively, “Shure”) to which this website links, you agree to be bound by these Terms of Use. These Terms of Use are subject to change. Any changes will be incorporated into the terms and conditions posted to the Site from time to time. Additional terms and conditions may apply to purchases of goods or services from Shure and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

 If you do not agree with these Terms of Use, please do not access or use the Site.

Copyrights

The works of authorship contained in the Site, including but not limited to, all design, text, sound recordings, and images, are owned, except as otherwise stated, by Shure. Except as otherwise stated at the Site, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner, without Shure's prior written consent, except to the extent permitted by the Copyright Act, and then only with notices of Shure's proprietary rights; provided, however, that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information as downloaded.

Trademarks

Shure uses trademarks, services marks, trade names, trade dress, logos, symbols, designs, and devices to identify its goods and services (collectively, “Trademarks”). Shure’s Trademarks include, without limitation, those on the following page:

 http://www.shure.com/legal/legal-trademarks/index.html

Other trademarks, services marks, trade names, trade dress, logos, symbols, designs, and devices that identify the goods and services of third parties may be owned by third parties.

Web Content And Materials

The information on the Site is for information purposes only. It is believed to be reliable, but Shure does not represent, warrant, promise, or guarantee its completeness, timeliness, or accuracy. The information and materials contained in the Site, and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. Products and services described, as well as, suggested prices, may differ among geographic locations. Not all products and services are offered in every country.

SHURE MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED IN THE SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. SHURE DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION PUBLISHED AT THE SITE. SHURE RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURT HERMORE, BY OFFERING THE SITE AND INFORMATION, PRODUCTS OR SERVICES VIA THE SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY SHURE TO ANY PERSON TO USE THE SITE OR SUCH INFORMATION, PRODUCTS, OR SERVICES IN ANY JURISDICTIONS WHERE THE PROVISION OF THE SITE AND/OR SUCH INFORMATION, PRODUCTS, OR SERVICES IS PROHIBITED BY LAW.

Potential Disruption Of Service

Access to the Site may from time to time be unavailable, delayed, limited, or slowed due to, among other things: hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; overload of system capacities; damage caused by severe weather, earthquakes, wars, terrorism, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters; interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor; governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Shure.

Electronic Communications

When you visit the Site or send e-mails to Shure, you are communicating with Shure electronically. You consent to receive communications from Shure electronically. Shure may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Shure provides to you electronically satisfy any legal requirement that such communications be in writing.

Links To Other Sites

Links to non-Shure websites are provided solely as pointers to information on topics that may be useful to the Site, and Shure has no control over the content on such non-Shure websites. If you choose to link to a website not controlled by Shure, Shure makes no representations, warranties, promises, or guarantees, either express or implied, concerning the content of such non-Shure website, including the accuracy, completeness, reliability, or suitability of such site for any particular purpose, nor does Shure represent, warrant, promise, or guarantee that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Shure does not represent, warrant, or promise, or guarantee the authenticity of documents on the Internet. Links to non-Shure sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.

Notices Of Claimed Infringement

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information in writing to Shure’s Copyright Agent named below: 

 

  1. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information in writing to Shure’s Copyright Agent named below
  2. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest ;
  3. a description of the copyrighted work that you claim has been infringed;
  4. a description of where the material that you claim is infringing is located on the Site;
  5. your address, telephone number and email address;
  6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

 

Shure’s Copyright Agent for notice of claims of copyright infringement can be reached at: Shure Incorporated, 5800 west Touhy Avenue, Niles, Illinois 60714-4608, USA, Attn: Paul Applebaum, Copyright Agent. Shure’s Copyright Agent can also be reached by facsimile at 847-600-1281 or by email at applebaum_paul@shure.com, sent, in each instance, to the attention of Copyright Agent.

Limitation Of Liability

THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED "AS IS" AND "AS AVAILABLE". SHURE AND ITS THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SITE. SHURE AND ITS THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, SHURE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SITE, OR FOR THE INCOMPATIBILITY BETWEEN THE SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

UNDER NO CIRCUMSTANCES WILL SHURE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER SHURE HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SHURE AND ITS THIRD PARTY DATA PROVIDERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Unsolicited Ideas

Neither Shure nor any of its employees or representatives accepts or considers unsolicited ideas, including ideas for new or improved inventions, products, or technologies, product enhancements, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy regarding unsolicited ideas is to avoid potential misunderstandings or disputes when Shure's products or marketing strategies might seem similar to ideas submitted to Shure. So, please do not send your unsolicited ideas to Shure or anyone at Shure. If, despite Shure’s request that you not send Shure your ideas, you still send them, then regardless of what your communication to Shure says, the following terms shall apply to your idea submission:

You agree that: (1) your ideas will automatically become the property of Shure, without compensation to you, and (2) Shure can use the ideas for any purpose and in any way (including disclosing them to others) without obligation to you.

Shure does, however, welcome your feedback regarding many areas of Shure's existing business. If you want to send Shure your feedback, Shure requests that you send it using the form found at feedback@shure.com. Please provide only specific feedback on Shure's existing products or marketing strategies. Do not include any unsolicited ideas described above. Shure shall be free to use your feedback on an unrestricted basis, without confidentiality or other obligation.

Enforceability and Governing Law

Your use of the site shall be governed by the laws of the State of Illinois, United States of America, without regard to its choice of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Cook County, Illinois, USA, with respect to any legal proceedings arising out of these Terms of Use or your use of the Site. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the cause of action or claim arises. In the event any of the provisions of these Terms of Use shall be held to be unenforceable, the remaining provisions shall be unimpaired and the enforceable provision shall be replaced by such enforceable provision as comes closest to the intention underlying the unenforceable provision.

Dispute Resolution

You also agree that, should any difference of interpretation or controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, that you and Shure shall promptly make good faith efforts to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for sixty (60) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims or administrative or legal actions for disputes to which this clause applies, without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

Changes to the Site; Termination

Shure reserves the right to change or discontinue, temporarily or permanently, the Site, and those products and services available at the site, including but not limited to revising and/or deleting features or other information without prior notice to you. You agree that Shure shall not be liable to you for any modification, suspension, discontinuance or deletion of the Site, any elements comprising the Site or any products or services available on the Site. Shure reserves the right, in its sole discretion, immediately and without notice to you, to suspend or terminate your account and/or your ability to access the Site and the products and services available on the Site, for any reason.

About these Terms of Use

These Terms of Use were posted on the date set forth above. Shure reserves the right to change, alter or modify these Terms of Use for any reason at any time. When Shure does so, changes, alterations, or modifications in these Terms of Use will be posted on the Site and will be effective immediately and binding on you from the date of posting. If you are a regular visitor to the Site, Shure recommends that you check these Terms of Use on a regular basis.