BlueTrip, CarTrip, DirectDeck, Elevator, Hi-Way, iClear, iTrip, PowerBlock, PowerJolt, RoadTrip, SiliSkins, SmartDeck, SmartDisplay, SmartShare, Tempo, TuneCenter, and TuneFlex are registered trademarks of Griffin Technology.
AirBase, AirClick, AirDock, Amplifi, AutoPilot, Courier, DirectDeck, EarJams, Elan, Evolve, FireWave, HomeConnect, iFM, iMic, iTalk, Journi, PowerDuo, PowerMate, RadioShark, Reflect, RocketFM, SmartScan, SmartTalk, StereoConnect, Streamline, TuneBuds, TuneFlex, and TuneJuice are trademarked in standard usage by Griffin Technology.
GENERAL INFORMATION COLLECTED
In order to enhance the content contained on this Website, Griffin may gather and store certain information about your visit. "General Information" is information about you or your activities through which you cannot be identified. This information may include some or all of the following items:
1. The Internet Protocol ("IP") address of your Internet Service Provider ("ISP") and/or your computer, if it has its own static IP address. The domain name may also be collected.
2. The date, time, length of stay, and specific Griffin web pages, images, documents or forms accessed at this Website.
3. Whether a visitor/user/customer is viewing the Website for the first time, or is a return visitor/user/customer.
4. The Uniform Resource Locator ("URL") of the website that referred the visitor/user/customer to the Griffin Website, and/or the search engine that referred a visitor/user/customer and any search strings or phrases entered into the search engine to find this Website.
5. Demographic information concerning the country of origin of the visitor/user/customer and language(s) used.
6. The type and version of the Internet browser used to visit this Website, the operating system on the visitor/user/customer's computer, and information regarding client errors viewing this Website.
Griffin collects this General Information and may use it to generate aggregate statistics about visitors to the Website. In situations where it is possible to do so, General Information may be linked to Personal Information.
PERSONAL INFORMATION COLLECTED
"Personal Information" is information through which you can be identified. Providing your personal information to Griffin is each visitor/user/customer's choice. Personal Information that Griffin may collect from you includes, but is not limited to your name, postal address(es), telephone number(s), facsimile number(s), e-mail address(es), date of birth, social security number, driver's license number and state issued, credit card number(s) and account information, bank account number(s) and account information, passport information, naturalization information, and any other information that you voluntarily provide. Personal Information volunteered by a visitor/user/customer is used by Griffin for internal verification to complete requested transactions, ensure appropriate legal use of Griffin's goods and/or services, provide notification to its visitors/users/customers about updates to Griffin's Website, goods, services, and data, and to help provide technical and support for Griffin's goods and services to its visitors/users/customers.
Your Personal Information is collected from our Website, through e-mail and/or through online applications you complete, our contact us page, and through your activities with Griffin. Personal Information that Griffin collects depends on the nature of your activities, including, but not limited to, whether you contact us through e-mail or our contact us page and/or purchase a product from our store. For example, Personal Information submitted by you on the "Contact Us" web page is used by Griffin to enhance this Website or to reply to questions/comments made by you.
In addition to its own use, Griffin may pass your Personal Information to a participating credit card processor, distributor, shipper and/or any of their authorized agents who provides the goods or services requested to meet the visitor/user/customer's needs. Griffin may provide your e-mail address to vendors that it deems provide goods or services which you may need. You may opt out of receiving such vendor emails by contacting us at OptOutVendorEmail@griffintechnology.com.
Griffin may also use your Personal Information, or a portion thereof, to send you marketing and promotional materials, new product information, distributor information, retail store information, information regarding the industry and/or vendors with information that you may need, unless you notify Griffin that you do not wish to receive such materials. Griffin may also use the services of bonded mailing houses that are authorized to use your Personal Information only for the benefit of Griffin. Please contact Griffin at OptOutInformation@griffintechnology.com to request that you not be sent any or all of such information.
The use of "cookies" is a standard practice among websites. A cookie is a small text file that is placed on your computer to uniquely distinguish your visit to a website. Cookies are most often used to track specific information regarding your activity on a particular website.
When you visit our Website, we place a cookie in a directory of your computer's hard drive. The information that cookies collect includes the date and time of your visit and your registration information. Cookies offer you many conveniences for our Website. For example, they allow Griffin to recognize certain information, such as your browser type, so we know if you can view certain plug-ins like Macromedia Flash files. They also allow us to streamline your visit based on previous visits.
You may configure your browser to accept or deny cookies from this Website. However, disabling or denying cookies from this Website may render parts of it inaccessible or may cause certain web pages not to properly load. For more information on cookies or to further understand their use and benefits, please see the U.S. Department of Energy's Computer Incident Advisory Capability (CIAC) report at: http://www.ciac.org/ciac/bulletins/i-034.shtml.
CONTACT BY GRIFFIN
You do not have to participate in Griffin's mailing lists in order to use this Website. However, if you elect not to receive such communications, you may miss valuable information on Griffin, its communities and/or its goods or services. Griffin will not contact you nor send you marketing materials, unless you have accepted to receive such contact or information (i.e., you have not opted out).
ADVERTISING BY THIRD PARTIES ON GRIFFIN'S BEHALF
In addition to uses outlined above, Griffin may employ third parties ("third parties") to assist us in creation and delivery of advertising messages about Griffin, its products or those of select partners in the form of banner ads, text ads and similar mechanisms. In these cases, the following policies may also apply.
1. Online Behavioral Advertising Disclosure
We may use third-party advertising companies to serve ads on websites, weblogs and other online properties whose targeted readership is similar to our potential customers. These companies may use information about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
2. Shared Information, Deletion of Cookies and Opting Out Of Third-Party Use of Your Data
We collect non-personal information about our website traffic and usage patterns from technology such as Cookies and Web Beacons. Cookies are small text files that help us to personalize the content of our website. Web Beacons are electronic files used to track your navigation on a website or collection of sites, the completion of transactions, submittal of applications and browsing behavior.
If you prefer, you can choose to turn off all cookies via your browser settings. However, if you turn your cookies off, some of our services may not function properly.
Additionally, you may be able to delete all cookies and browsing data from your device's browser, browser history and cache. Please consult the help sections of the browser you use to learn how to eliminate this data.
3. Description of Data Collected
Non-Personally Identifiable Information: When you visit the site, we collect some basic information as outlined above that does not identify individual users. Third party advertising companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. These third party cookies do not collect personally identifiable information. For more information about cookies and how to opt out of third party data collection, please see "Opting Out of Third-Party Use of Your Data" below.
Personally Identifiable Information (PII): If you purchase an item online from us or interact with our website by submitting feedback, joining a mailing list, writing a product review, you may provide us with information including:
- First and last name
- Billing address
- Shipping address(es)
- Email address
- Phone number
- Credit card account number
4. Offline/Online Data Use/Transfer
We may share your PII and non-personal information, including your name, address, email address and any transactions you conduct on our website or offline with us with a third party advertising partner and its service providers in order to deliver tailored advertising to you that match your interests when you visit our website as well as other websites. Our advertising partner will anonymize the data that we provide so that no one else will receive your PII.
5. Opting Out of Third-Party Use of Your Data
You may opt-out of the use of your information for tailored advertising purposes. To learn more about the use of this information or to choose not to have this information used by our third-party advertising partner by opting out please visit the Network Advertising Initiative by clicking here. If you delete your Cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choice.
MAINTENANCE OF PERSONAL INFORMATION
You can access your Personal Information contained in Griffin's database by contacting us at PrivacyInformationAccess@griffintechnology.com. If you believe that any of your information is incorrect or needs updating, please let us know either at the e-mail address listed in this section, or by U.S. Postal Mail to our address listed below (Attn: Privacy Information Access). Griffin will use reasonable efforts to correct your information and our records upon verification of the requested change. If you no longer wish to receive e-mail or postal notifications about Griffin's Website, goods, services, or special promotions, please let us know by sending an e-mail to OptOutMailings@griffintechnology.com or by sending us a letter via U.S. Postal Mail at our address listed below (Attn: Opt Out of Mailing) and specifying in the text of your e-mail or letter which notifications you no longer wish to receive. In addition, within the text of your e-mail or letter, you should provide your exact name and address, so that we can do our best to ensure that you stop receiving the notifications that you no longer wish to receive. After such a request is received, Griffin will use reasonable efforts to refrain from including you when sending such notifications to Griffin's visitors/users/customers by noting your opt out election in our database.
Griffin does not knowingly solicit or collect information from children (defined as minors younger than thirteen (13) years of age). If you are the parent or guardian of a child under the age of eighteen (18) or the legal age of contract majority, and have authorized your child to use your computer, we urge you to instruct your child never to give out his or her real name, address, phone number, e-mail address or other personally identifying information while on this Website. There are no computer applications on this Website which allow for the determination of the age of a visitor/user/customer. All information volunteered to Griffin will be treated the same as information given by an adult. Griffin recommends that the Internet browsing behavior of any child should be carefully supervised by a responsible adult at all times.
LINKS TO OTHER WEBSITES
This Website contains several links to other websites. Neither Griffin, nor any of its officers, directors, partners, affiliates, subsidiaries, employees, agents, representatives, vendors or suppliers of Griffin are responsible for the content, privacy policies, products, services, reliability, viewpoint, or accuracy of information on any such websites. We do not control and shall not be responsible for the collection of personal information by third party websites, including websites owned or controlled by our distributors, vendors and/or websites not controlled or authorized by Griffin. Third party websites that are accessed through links on our Website have separate privacy policies. We have no responsibility or liability for the policies implemented by third parties on their websites. You should contact them directly to ask questions about their privacy policies.
The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect your information from unauthorized access and improper use. Griffin makes access to your Personal Information subject to certain security measures, including technological controls such as "firewalls," in accordance with industry standards. When the use of a Griffin web page involves the transmission of Personal Information or confidential information of Griffin, Griffin uses Secure Socket Layer ("SSL") technology to establish a secure connection between your computer and Griffin. SSL allows the transmission of encrypted information from your computer to Griffin and back again, and is currently the industry standard for Internet platform security. From time to time, we review our security procedures in order to consider appropriate new technology and methods.
Please be aware though that no data transmission over the Internet can be guaranteed to be 100% secure, so while Griffin strives to protect your Personal Information, Griffin cannot ensure or warrant the security of any information that you voluntarily give to Griffin.
Griffin reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any manner. Anyone using this Website expressly consents to such monitoring.
YOUR CALIFORNIA PRIVACY RIGHTS
FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Information with third parties. If you reside in California and have provided your Personal Information to Griffin, you may request information about our disclosures of certain categories of Personal Information to third parties for direct marketing purposes. Such requests must be submitted to us at one of the following addresses: CaliforniaPrivacy@griffintechnology.com or
Griffin Technology, Inc.
Attn: California Privacy Rights
2030 Lindell Avenue
Nashville, Tennessee 37203
Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this section.
HOW TO CONTACT US
U.S. Postal Mail:
Griffin Technology, Inc.
Attn: General Information
2030 Lindell Avenue
Nashville, Tennessee 37203
DATE LAST MODIFIED: June 2, 2006
Griffin Technology, Inc. ("Company," "we," "us") provides this web site and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between Company and you, the Site visitor and/or member ("you") with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, promotion or data on or feature of the Site or the hours that the Site is available; or
- Change any fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site and/or e-mail. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
1. Materials. The information and materials provided through the Site, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, and/or links (collectively, the "Materials") are intended to educate and inform you about us and our business and to entertain you. Unless otherwise specified on the Site, you may download Materials displayed on the Site and may use the downloaded Material solely for your own personal uses. You may print a single copy of any textual Material available for downloading on the Site. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. The Materials remain the property of Company or its licensors or suppliers. Use or downloading of anything from the Site other Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to the Materials, including agreements of third parties. By acquiring or using the Materials, you agree to any such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Company or, if so indicated in writing by Company, its licensors or suppliers. Although Company strives to provide Materials that are both useful and accurate, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although Company endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials may have been contributed to the Site by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and Company expressly disclaims any liability with respect to the foregoing. /p>
2. Your Information. In order to access certain areas of or participate in certain activities contained on the Site, we may require you to provide us with certain information about you (e.g., your name and e-mail address). Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) rovide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) aintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate this Agreement and your use of the Site (or any portion thereof) or your participation in any activity contained on the Site.
3. Code of Conduct. While using the Site and/or Materials, you agree not to:
- Restrict or inhibit any other user from using the Site, including without limitation, by means of "hacking" or defacing any portion of the Site;
- Use the Site, Materials, or any Company information for any unlawful purpose or in any manner not intended by the Company as contemplated herein and/or on the Site;
- Institute an attack upon any server used in connection with the Site or otherwise attempt to disrupt such servers;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit: (a) ny content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) ny material, non-public information about companies without the authorization to do so; (c) ny trade secret of any third party; or (d) ny advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark, patent or other proprietary rights notices contained in the Site and/or Materials;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Link to any page of or content on the Site other than the URL located at http://www.griffintechnology.com;
- Host, provide matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of the Site, including without limitation, by protocol emulation, tunneling, reverse engineering, modifying the Site or using a utility program to host the Site;
- Sell, advertise, or post information on hacks for the Site;
- Use "packet sniffing," scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the Site and/or the purchase of our products;
- Use tools which hack or alter the Site or that allow you to connect to the Site's private binary interface;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
- Harvest or collect information about Site visitors/users/customers without their express written consent.
While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations.
6. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) dentification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) dentification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Site; (d) he name, address, telephone number and e-mail address (if available) of the complaining party; (e) statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Company against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to our Copyright Agent for Notice of claims of copyright infringement at:
Griffin Technology, Inc. Attn: DMCA Agent 2030 Lindell Avenue Nashville, Tennessee 37203
By Telephone: 615-399-7000
By Facsimile: 615-367-6468
By E-mail: DMCA@griffintechnology.com
Our Copyright Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section 6. ALL OTHER INQUIRIES DIRECTED TO OUR COPYRIGHT AGENT WILL NOT BE ANSWERED.
7. Acknowledgements. You hereby agree and acknowledge that : (a) Company has the right to obtain without notification to you certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (b) Company has the right to obtain without notification to you non-personal information from your connection to the Site for demographic purposes; and (c) Company has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including, but not limited to, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use "hacks." The information obtained in this Section will only be used for the purpose of identifying persons or entities not in compliance or believed by Company to not be in compliance with this Agreement and any and all other Company rules, policies, notices and/or agreements.
8. Ownership and Restrictions on Use. The Site is owned and operated by Company in conjunction with others pursuant to contractual arrangements and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Company and its licensors and suppliers, as applicable. The Materials, and the selection, compilation, collection, arrangement and assembly thereof, are protected by U.S. and international copyright, trademark and other laws and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by Company or, if so indicated in writing by Company, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose may be a violation of copyright and other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in or to the Site and the Materials by using the Site or the Materials. If you download anything from the Site, such downloaded information is not licensed to you in any way for anything other than your own personal use. Title to any downloaded information is not transferred to you. You own the medium on which the downloaded information is recorded, but we retain all right, title and interest in and to the downloaded information, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the downloaded information to a human-perceivable form, or transfer the downloaded information to any third party. The trademarks, trade names, names, logos, service marks, copyrights, patents and all other intellectual property displayed and/or available on the Site or Materials (collectively the "Intellectual Property") are the sole property of Company or Company's business partners. The Intellectual Property owned by Company, whether registered or unregistered, may not be used for any purpose whatsoever, including, but not limited to, in connection with any third party product or service, in any manner that is likely to cause consumer confusion or in any manner that disparages Company. Nothing contained on the Site should be construed as granting you (by implication, estoppel or otherwise) any license or right to use any or a portion of the Intellectual Property without the express written permission of Company or Company's business partners, as applicable. Misuse of the Intellectual Property is prohibited and Company will aggressively enforce its intellectual property rights in such Intellectual Property, including via civil and criminal proceedings.
9. Use & Access By Minors. ursuant 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. nformation identifying current providers of protections is available from America Links Up: http://www.netparents.org/parentstips/browsers.html.
11. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing from the Site may be downloaded or otherwise exported or re-exported: (a) nto (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading anything from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or the provision of any service, program, contest, sweepstakes, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, contest, sweepstakes, film or other product that we provide.
12. Service Interruptions. We reserve the right to limit, suspend, interrupt or terminate the availability of the Site, in whole or in part, to you and any other user or person, geographic area or jurisdiction, at any time and in our sole discretion. You acknowledge and agree that interruptions, delays and disruptions of the Site may occur and that Company has no control over third party servers, systems and/or networks which may be utilized in connection with the functioning of the Site. Company hereby disclaims all liabilities with respect to all interruptions, delays and disruptions of the Site.
14. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement and/or your access to and use of the Site or any portion thereof or any activity provided thereon, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
15. Disclaimers. THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR ANY PART THEREOF INCLUDING THE MATERIALS), OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND MATERIALS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that the Site (including the Materials and an all other information or materials on or accessible from the Site) could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us at firstname.lastname@example.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the Section on "Claims of Copyright Infringement" above.
16. Limitation of Liability. NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE A MAXIMUM OF THE LESSER OF TWENTY U.S. DOLLARS (US$20.00) OR THE TOTAL CUMULATIVE AMOUNT PAID BY YOU TO PURCHASE PRODUCTS FROM THE SITE.
17. Indemnification. You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) our breach of this Agreement, including any violation of the Code of Conduct above; (b) ny allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your use of the Site; and/or (d) your use of any products purchased from us through the Site.
18. Questions. The Site is provided by Griffin Technology, Inc. If you have any questions, comments or complaints regarding this Agreement or the Site, please contact our customer service department by using the e-mail of inquiry form on our website located at http://www.griffintechnology.com/contact, or, if by mail, to Griffin Technology, Inc., 2030 Lindell Avenue, Nashville, Tennessee 37203, Attn: Customer Service Department. For inquiries related to business matters such as licensing or merchandising, please contact us at email@example.com. For inquiries related to marketing, advertising, press, etc., please contact our marketing department at firstname.lastname@example.org.
19. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Copyright 2007 Griffin Technology, Inc. All Rights Reserved
Updated: June 2, 2006
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