Website Terms of Use

This Web site is owned and operated by Optimal Sound LLC having its principle place of business at 2021B Gathright Cove Austin, TX, 78704. By accessing our Web site and downloading the contents of any of its Web pages, you agree to the following terms and conditions (the "Agreement").

Optimal Sound reserves the right to change these terms and conditions from time to time at its sole discretion. Such changes become effective when posted on this Web site. If you violate any of these terms and conditions, Optimal Sound reserves the right to seek all remedies available by law and in equity for such violations, so please review these terms periodically to make sure you are up-to-date.

1. Definitions.

Here is a list of definitions for terms used in this Agreement:

1.1. "Correspondence" means any information, feedback, data (including, but not limited to, graphic and audio data), questions, comments, suggestions or the like regarding the content of any Optimal Sound Materials that you send to Optimal Sound.

1.2. "Materials" means the software, text, graphics, advertising, information or other content of any kind found on this Web site, including the Web site itself.

2. License.

2.1. The Materials are copyright © Optimal Sound grants you the limited right to print, reproduce or download the Materials solely for your own personal, non-commercial use on a single computer, provided that you:

2.1.1. include all proprietary notices that accompany the Materials; and

2.1.2. do not modify the Materials.

2.2. Optimal Sound may license other rights to you but such licenses are only effective when in writing or when other license terms accompany or are provided with individual Materials. Optimal Sound can revoke its authorization to exercise your limited right to the Materials at any time and, in the event of such a revocation, you must immediately stop exercising that right.

3. Warranties.

3.1. The Materials are provided "AS IS". The Materials may include technical errors, typographical errors or other inaccuracies. Optimal Sound may make improvements and/or changes in the Materials at any time.

3.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Optimal Sound EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO THE MATERIALS, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

3.3. IN ADDITION, OPTIMAL SOUND DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY OF THE MATERIALS ON THIS SITE OR ANY OTHER EXTERNAL WEB SITE LINKED TO THIS SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. OPTIMAL SOUND DOES NOT WARRANT THAT THE MATERIALS, OR THE SERVERS WHICH MAKE THE MATERIALS AVAILABLE, ARE FREE FROM VIRUSES OR OTHER DESTRUCTIVE OR INTRUSIVE COMPUTER PROGRAMS THAT MAY DAMAGE YOUR COMPUTER SYSTEM OR DATA, OR ANY OTHER HARMFUL ELEMENTS, NOR DOES OPTIMAL SOUND WARRANT THAT ACCESS TO THE MATERIALS SHALL BE UNINTERRUPTED OR ERROR-FREE. THESE LIMITED WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY BY JURISDICTION.

3.4. TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW, OPTIMAL SOUND SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR PROFITS, AND THE LIKE, OR INFRINGEMENT OF INTELLECTUAL PROPERTY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF OPTIMAL SOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THIS LIMITATION MAY NOT APPLY TO YOU.

4. Correspondence.

Optimal Sound deems Correspondence to be non-confidential and non-proprietary. Optimal Sound and its designees are free to reproduce, disclose, distribute and otherwise use the Correspondence without limitation. Optimal Sound is free to use any ideas, concepts or techniques contained in Correspondence for any purpose whatsoever including, but not limited to, developing, marketing and producing programs incorporating such Correspondence. You are solely responsible for your Correspondence, including, without limitation, their legality under all laws and regulations.

5. Copyright Notice.

Except where otherwise specified, the contents of this site are copyright © Optimal Sound LLC 2021B Gathright Cove
Austin, TX, 78704. All rights reserved.

6. General.

6.1. This Agreement shall be construed and controlled by the laws of the State of Texas, U.S.A., excluding any conflicts of laws principles. If either Optimal Sound or you employ attorneys to enforce any rights arising out of or relating to this Agreement, whoever wins shall be entitled to recover their reasonable attorneys' fees, costs and other expenses.

6.2. With respect to all Materials, you agree to comply with all applicable export laws, regulations and orders.

6.3. Save any exceptions described in Section 2, this Agreement constitutes the entire agreement between you and Optimal Sound with respect to the Materials hereof and supersedes all other communications. If any provision of this Agreement is held invalid, all other provisions shall remain valid. No modification shall be binding unless made in a written amendment signed by authorized representatives of both you and Optimal Sound. No waiver of any breach of any provision of the Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.