Koss Corporation (“Koss”) maintains the website located at www.koss.com (“Site”) and allows you to access and use this Site, subject to these terms and conditions as modified from time to time (“Terms”). The terms “you” and “your,” as used in these Terms, refer to any person accessing this Site for any reason. Please read these Terms carefully.
1. Acceptance of the Terms. By accessing or using this Site, you acknowledge and represent that you have read, understand, agree to be bound by, and accept these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SITE. Although you may “bookmark” a particular portion of this Site and bypass these Terms, your use of this Site still binds you to these Terms. If you have a question about these Terms, please email Koss at email@example.com.
2. Right to Enter this Site. Subject to your compliance with these Terms, Koss grants to you a personal, non-exclusive, non-transferable, limited, revocable right to enter and use this Site. Any unauthorized use of this Site terminates the permission granted by Koss to enter and use this Site. No person under the age of 18 may use this Site.
3. Purchases. The products and services offered for sale on this Site are subject to availability, and the prices for such products and services are subject to change without prior notice. Before making a purchase through this Site, please review Koss’ Terms and Conditions of Sale, Shipping Policy, and Refund/Return Policy. If you purchase a product or service through this Site, you represent that you are at least 18 years of age.
4. Accuracy of Information on this Site. Koss attempts to provide only accurate information, but some inaccuracies may occasionally be present. By using this Site you acknowledge that Koss will not be liable or responsible for any damage or loss caused by or in connection with the use of or reliance on any information on this Site. If you find any information on this Site to be inaccurate, please alert Koss at firstname.lastname@example.org.
5. Restrictions on Use. Without Koss’ prior written consent, you may not (a) use any automated means to access this Site or collect any information from this Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or (b) frame this Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. As such, you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity to obtain Materials (as that term is defined below), lists of users, or other information for an unauthorized purpose.
You may not, without Koss’ prior written permission, use any meta tags or any other “hidden text” that includes Koss’ name, trademarks, or service marks, or use any Koss logo or other proprietary graphic, trademark, or service mark as part of a link. When you use this Site and its Materials for an authorized purpose, you must include all proprietary notices without altering or concealing such notices. You agree that you will not use this Site in any manner that is inconsistent with or violates applicable law or these Terms or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site.
You also agree not to do any of the following while using this Site:
6. Termination. Koss may terminate your use of this Site for any reason, including, without limitation, if Koss believes that you have violated or acted inconsistently with these Terms. Koss may also modify or discontinue providing this Site, or any part thereof, with or without notice. Koss is not liable to you or any third party for any termination of your access to this Site, or any modification or termination of this Site.
7. Ownership and Use of Materials. All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on this Site (collectively, “Materials”) are owned, controlled or licensed by or to Koss. Except as expressly provided in these Terms, you may not copy, republish, distribute, prepare derivative works, modify, or otherwise use the Materials. Notwithstanding the rights granted to you in these Terms, you may not copy or replicate the design, layout or look and feel of this Site. Unless otherwise permitted, no trademark, service mark, graphic, sound or image from this Site may be copied or republished without Koss’ prior written authorization.
With respect to high resolution images of Koss products, Koss grants to you a personal, non-exclusive, non-transferable, limited, revocable right to republish for non-commercial purposes the images that Koss makes available at http://www.koss.com, provided that you (a) provide attribution to Koss; (b) include either of the following notices with your republication: “© Koss Corporation” or “Source: Koss Corporation”; and (c) do not alter the images or use the images in a manner that could harm the reputation of Koss or of Koss’ products or services. Koss reserves the right to revoke this right at any time, and you must discontinue use of the images immediately upon notice from Koss, which may be in the form of a general notice published on this Site.
8. Intellectual Property. All Materials are the property of Koss or its licensors, and are protected by copyrights, trademarks, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). Except as expressly provided in these Terms, Koss does not grant any express or implied right to use the Materials. The collection, arrangement and assembly of any Materials are the exclusive property of Koss or its licensors and are protected by U.S. and international intellectual property laws, including copyright laws. All software used on this Site is the property of Koss or its software suppliers and are protected by U.S. and international intellectual property laws, including copyright laws. KOSS, KOSS (stylized), KOSS and design, HEARING IS BELIEVING, BI AUDIO, KOSS CLASSICS, KOSS CLASSICS and design, PORTA PRO, POP GLOSS, SOUND AVENGER, COBALT, COBALT (stylized), SPARK PLUG, SPORT CLIP, THE SOUND OF KOSS, TUGO, TUGO (stylized), QUIET ZONE, are Registered in U.S. Patent and Trademark Office and are trademarks of Koss Corp. in other countries. Related indicia and product trade dress are trademarks of Koss Corporation. The absence of any product or service name from this section does not constitute waiver of trademark rights. You may not use any Koss trademarks to imply any endorsement or affiliation of any product or service without written permission from Koss Corporation. All other marks contained on this Site are the property of the parties indicated.
9. User Information; Electronic Communications. You represent and warrant that all information that you submit to Koss through this Site is complete and accurate. By submitting your contact information to Koss through this Site (e.g., by completing the form on the “Contact Us” page or the “Register Your Product” page), you authorize Koss to send electronic mail to you. If you do not want to receive emails from Koss, you may follow the instructions in the email to remove your email address from the mailing list. If Koss has reasonable grounds to believe that the information you provided is untrue, inaccurate, incomplete, or outdated, Koss may suspend or terminate your use of this Site or otherwise refuse to perform any requested services.
Since Koss is constantly developing new products and improvements to existing products, what might be a new idea to you may have already been conceived by our own development team or another party. Koss might not consider or evaluate any idea regarding a new product or an improvement to an existing product unless Koss has received an original, signed submission agreement from you. Thus, if you wish to submit an idea regarding a new product or an improvement to an existing product, please request a submission agreement by writing to Koss (email address: email@example.com), and return an original, signed submission agreement to the same address:
Koss Corporation – Submissions
4129 N. Port Washington Avenue
Milwaukee, WI 53212
You agree to hold Koss harmless from any damages suffered or claims asserted by a third party as a result of any information you submit through this Site. You may be held legally responsible for damages suffered by Koss or third parties as a result of legally actionable content that you submit through this Site. Koss is not legally responsible for any comments, information, or other content posted or made available on this Site by you or a third party, even if such information is defamatory or otherwise legally actionable.
12. Links to External Sites. Koss may provide links on this Site to other independent websites on the Internet that are owned and operated by third parties not under the control of Koss, such as distributors or third-party shipping services. These links are not intended as an endorsement by Koss of the entity or individual operating the website or a warranty of any type regarding the website or the information on the website. By using this Site, you acknowledge that Koss is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. Dealings with Third Parties. Your correspondence or business dealings with third parties, such as distributors or third-party shipping services, found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that third party. You agree that Koss is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such third party on this Site.
14. No Warranty; Disclaimers. THE SITE IS PROVIDED “AS IS,” AND KOSS EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, KOSS DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR BE AVAILABLE CONTINUOUSLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOSS OR THROUGH OR FROM THIS SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.
15. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT KOSS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR THESE TERMS IN AN AMOUNT GREATER THAN U.S. $50.00. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
16. Indemnity. You agree to indemnify, defend and hold Koss, and its subsidiaries, affiliates, officers, agents, co-branded partners or other partners, and employees, harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses and liabilities arising from or related to (a) your violation of these Terms, (b) your use of this Site, (c) information that you submit or transmit through this Site, (d) your access to or use of linked sites, and (e) any dealings between you and any third parties referenced on this Site.
17. Void where Prohibited. Koss controls, operates, and administers this Site from its offices in Milwaukee, Wisconsin. Although this Site is accessible worldwide, not all features, products or services offered through or on this Site are available to all persons or in all geographic locations, or are appropriate or available for use outside the United States. Koss reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on this Site is void where prohibited. If you choose to access this Site from outside the United States, you do so on your own initiative, and you are responsible for complying with applicable local laws.
18. Choice of Law; Dispute Resolution. All matters relating to your access to and use of this Site, including purchases made on this Site, are governed in all respects by the laws of the State of Wisconsin as such laws are applied to agreements entered into and to be performed entirely within Wisconsin between Wisconsin residents. You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be resolved individually through binding arbitration in Milwaukee County, Wisconsin using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party. You can address such grievances through arbitration only, and you are hereby consenting to do it in Milwaukee County, Wisconsin using Wisconsin laws (without regard to Wisconsin rules on conflict of laws). To the fullest extent allowed by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Milwaukee County, Wisconsin as necessary to protect the party’s rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Milwaukee County, Wisconsin.
19. General. If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effect the parties’ intent as reflected by that provision, and the remaining portions of these Terms will be given full effect. Koss’ failure to act in a particular circumstance, including any failure by Koss to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. Koss will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. Koss may assign its rights and obligations under these Terms to an entity that acquires all or substantially all of the assets of Koss or to any subsidiary or successor in a merger or acquisition involving Koss. These Terms, in addition to any other written agreement between you and Koss, constitute the entire agreement between Koss and you with respect to your access to or use of this Site, superseding any prior versions of these Terms. If an express conflict exists between these terms and a written agreement between you and Koss, such written agreement supersedes these Terms.
20. Changes to These Terms. Koss may modify, add, or delete portions of these Terms without prior notice. Although Koss will post a notice of any material change to the Terms on this Site for 30 days, you are responsible for checking the Site periodically for changes to these Terms. By continuing to use this Site after Koss posts any changes, you agree to be bound by these Terms, as modified. Your access and use of this Site is subject to the most current version of these Terms, which were last updated on August 20, 2012.