ACS Tarheel website Terms and Condiitions

LEGAL DISCLAIMER INFORMATION AND TERMS OF USE

ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.

The Site and its Use

The Dunn Music Center, Inc. dba ACS-Tarheel Productions website (acstarheel.com) is owned and provided by Dunn Music Center, Inc. from its offices in Smithfield, NC. For purposes herein, ACS-Tarheel Productions and its affiliated company is collectively referred to as "ACS-Tarheel". ACS Sound and Lighting is a legally separate commercial entity fully owned by Audio Communications Systems, Inc. ACSTARHEEL.COM is a fully owned entity of Dunn Music Center, Inc. The applicable Web site or sites are referred to herein as the "Site." The Site is provided for your personal information and non-commercial use. Please feel free to browse and use the site; however, your access to and use of the Site is subject to these terms and all applicable laws.

You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without ACS-Tarheel's prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in ACS-Tarheel's opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.

The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively "Materials") which are derived in whole or in part from information and materials supplied by ACS-Tarheel and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. ACS-Tarheel owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of ACS Tarheel's or such other sources' copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other Web site or networked computer or environment is prohibited without ACS Tarheel's express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.

Disclaimer

THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. ACS ALSO DOES NOT WARRANT THE ACCURACY OR COMPETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.

ACS-TARHEEL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.

Third-Party Sites

ACS-Tarheel may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-ACS-Tarheel website does not mean that ACS-Tarheel endorses or accepts any responsibility for the content, or the use of such website. If you use these sites, you do so at your own risk. ACS-Tarheel makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that ACS-Tarheel is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of ACS-Tarheel.

Third Party Content

Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of ACS-Tarheel.

Limitation of Liability

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

UNDER NO CIRCUMSTANCES WILL ACS-Tarheel, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ACS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACS-Tarheel SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

ACS-Tarheel's obligations and responsibilities regarding its products and services are governed solely by ACS-Tarheel's terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from the applicable ACS-Tarheel entity.

Information Provided By You

It has been and remains ACS-Tarheel's policy not to accept or consider ideas, suggestions or materials other than those that ACS has specifically requested from you. Accordingly, ACS-Tarheel does not want you to, and you should not, send any confidential or proprietary information to ACS-Tarheel through the Site unless specifically requested by ACS-Tarheel. Please note that any unsolicited information or material sent to ACS-Tarheel will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to ACS-Tarheel (or warrant that the owner of such information and material has expressly granted to ACS-Tarheel) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that ACS-Tarheel is free to use any ideas, concepts, know-how, or techniques that you send ACS-Tarheel for any purpose.

As further provided above, ACS-Tarheel does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to ACS-Tarheel that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.

You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Changes

ACS-Tarheel reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, ACS-Tarheel is under no obligation to update Materials. ACS-Tarheel may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change ACS-Tarheel makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

Linking to Site:

Anyone linking to ACS Tarheel’s Site must do so only if provided written permission by ACS-Tarheel.

International Users

The Site is administered by ACS-Tarheel from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local ACS business contact in this regard. Furthermore, ACS-Tarheel makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

Governing Law

These Terms shall be governed by the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute the entire agreement between ACS-Tarheel and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.

Privacy:

Overview

ACS-Tarheel is aware of the need to address Internet privacy issues and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visit to the Site.

Information About ACS On-Line Visitors

You can visit ACS-Tarheel on the Site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. In general, we gather information about users of the Site collectively in order to determine, for example, which areas users access more frequently and which Materials users access the most. This information helps us to determine what is most beneficial for our users, and how we can continually create a better overall experience for our users by improving the content of the Site.

There are times however, when we may need information from you, such as your name and address. Customarily, the personal information ACS-Tarheel obtains is used only to respond to inquiries, to process orders, product registration or to allow the user to access specific account information. We may also ask you to voluntarily provide us with information for market research such as, your interests, demographics, and experience with our products. Occasionally, we may make the e-mail addresses of those who provide information available to other reputable organizations whose products or services we think you may find interesting.

Web Site Links

ACS Tarheel's Site may contain links to other Web sites such as ACS-Tarheel distributors and sales representatives. While ACS-Tarheel tries to link only to sites that share its high standards and respect for privacy, ACS-Tarheel cannot take responsibility for the content or the privacy practices employed by other sites.

Changes

If at anytime ACS-Tarheel changes its privacy commitment, ACS-Tarheel will post those changes here so that you will know what information ACS-Tarheel gathers and how ACS-Tarheel might use that information.