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Terms & Conditions

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Mcintosh Laboratory, INC.

2 Chambers Street
Binghamton, NY 13903-2699

Phone: (607) 723-3512
Toll Free: (800) 538-6576
Fax: (607) 724-0549

TERMS OF USE
This website is operated by McIntosh Laboratory,Inc. ("McIntosh"). When using this website, please read the following terms of use carefully and use it only if you agree to them. By accessing and using this website, you acknowlege that you accept all the terms of use. These terms of use may change without notice, so you should check back periodically for the latest version. This website is linked to other websites that are operated by MCINTOSH and its subsidiaries of affiliated companies. Please note that you must agree to the terms of use posted on those websites separately when you use them.

Copyright
All contents (including text, design, images, audio, and programs) contained in this website are protected by copyrights and other rights owned by MCINTOSH, the original author or other entities and are protected under applicable copyright laws. Except for their personal or non-commercial internal use, you are prohibited from using (including, without limitation, copying, modifying, transmitting, selling, distributing, uploading, and licensing) the contents of the website without permission.

If MCINTOSH has sent you email (enail news, etc.), the copyright for thr contents of such email also belongs to MCINTOSH, so it may not be reused or reposted without permission.

TRADEMARK
The rights for each of the trademarks (including trade name , logos, and service marks) used on this website belong to MCINTOSH or to a rights holder who has licensed MCINTOSH. Unless permitted by trademark law or other law, the use of the trademarks on this website, etc. without the consent of the respective rights holder(s) is strictly prohibited.

PROHIBITED TERMS
The following activites are strictly prohibited when using this website.
(1) Activities that infringe or may infringe the legal rights (including the rights of privacy and)
(2) Activities that causes or may cause damage or disadvantage to any third party or MCINTOSH and its affiliated companies
(3) Criminal acts and any conduct that leads to or may lead to a criminal act
(4) Defaming, disgracing or libeling any third party or MCINTOSH and its affiliated companies
(5) Using this website for any commercial use
(6) Activities in which false declarations and notifications are made, such as registering the email addresses of others
(7) Uploading files that contain viruses, corrupted files that may damage the operation of others' computers
(8) Any other conducts that violate or may violate laws, ordinances, or regulations
(9) Any other conducts that MCINTOSH decides is inappropriate at its discretion

Disclaimer of Warranties
THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND MCINTOSH AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. Although McIntosh has attempted to provide accurate information on this web site as a service to its users, McIntosh assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. McIntosh may change the programs or products mentioned at any time without notice. Mention of non-McIntosh products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. The information on this Web Site is provided solely for general illustrative and instructional purposes only and does not create a business or professional services relationship.

Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, MCINTOSH EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS WEB SITE AND THE MATERIALS AND PRODUCTS ACCESSIBLE ON OR FROM THE SITE, EVEN IF MCINTOSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notice to Consumers
Some countries or states do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you. Applicable Laws. Export of any material from the McIntosh web site outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. All materials and software downloaded from this web site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19 and use of the materials by the government constitutes acknowledgement of McIntosh’s proprietary rights in such materials. Any claims relating to the materials or the web site will be governed by New York law.

Proposals
MCINTOSH does not accept ideas, memos, concepts, or other proposals (referred to collectively as "Proposals") from customers regarding new products, designs, advertisements, marketing and any other matters on this website. If a proposal is received from a customer notwithstanding this, all proposals will be construed as having been made with the customer's agreement to the following:
(1) MCINTOSH has no obligation to treat the Proposal as confidential
(2) MCINTOSH has no obligation to consider, evaluate or adopt the Proposals
(3) MCINTOSH is free to use any Proposals received, and the customer will not exercise any copyright or other rights thereon
(4) Even if MCINTOSH adopts any idea that is identical or similar in whole or in part to the Proposal, MCINTOSH shall not be liable for compensation whatsoever to any person who submits the Proposals

Protection of Privacy
The personal information obtained by MCINTOSH through this website is subject to MCINTOSH's privacy policy. For details, please see the privacy policy page.

Linked to Third Party Sites
Third party websites linked to and from the MCINTOSH website ("Linked Sites") are independently operated and maintained by such third parties and are not under the control of MCINTOSH. Use of Linked Sites shall be subject to terms of use of each Linked Sites. MCINTOSH shall not be responsible for the contents of the Linked Sites or any damages caused by using them.

Governing Law and Court of Jurisdiction
Unless otherwise provided, the use of this website and the interpretation and application of these terms of use, shall be governed by the laws of New York, USA. All disputes relating to the use of this website, unless otherwise provided, shall be subject to the exclusive jurisdiction of the courts in the State of New York.

Submitting Photos
By submitting photos (“Images”) to the picture submission program conducted by McIntosh Laboratory, Inc. (“McIntosh”), and in consideration for McIntosh considering showing such Images as part of the program or in other sales or marketing literature and listing you as the author of the Images, you agree to the terms and license provided below. You grant McIntosh a non-exclusive, fully paid up, perpetual, royalty-free, transferable, and sub-licensable worldwide license to use, not use, modify, reproduce, publish, and distribute the Images in connection with the promotion, marketing, and distribution of McIntosh products.

It is not McIntosh’s intention that people be the focus of the images displayed in the picture submission program but rather the focus is on the equipment, the installation, and the setting. However, including people in the images is not prohibited. You state that you are the author of the Images and the sole and exclusive owner of copyright in the Images and have all rights necessary, including any personal rights of individuals that may be depicted in the Images, and that no other person has rights or the basis to make the claim with respect to the Images, nor is any permission or consent from any other person necessary for you to grant the license described above. And, you further state that the anticipated use by McIntosh would not violate any agreement or arrangement that you have with another party. If there are any issues in this regard, then please do not submit the Images.

Depending on the context, if the Images or any one of them is selected for display and publishing on McIntosh’s website, McIntosh will likely, and reserves the right to, disclose your name as the author and submitter of the Images. If there are any “take down” requests, McIntosh reserves the right to discontinue the display of any Images or any one of them without conducting an investigation and without contacting you about the take down request.

Although it is anticipated that you will agree to these terms through a click-through agreement online, by submitting the Images to picture submission program, you agree to these terms and grant the license described above.