Thank you for visiting our website (the “Site”) which is owned and operated by Definitive Sound Inc. (“DSI”). The following terms and conditions (the “Terms”) govern your use of the Site. By using the Site, you agree, without any limitation or qualification, to be bound by the Terms of this Site.
The Site is being made available to you, through a personal and non-commercial use license, to conveniently review information on DSI, its products and services, and how to contact DSI for further information regarding its products and services only: no other purpose is intended or implied. This Site is made available to you in reliance upon these Terms and the disclaimers, limitations and exclusions of liability and indemnification provisions, which shall survive any termination of this agreement between you and DSI.
The protection of privacy is very important in your use of this Site.
In general, DSI does not collect information that may identify you except if you provide such specific information on a voluntary basis when contacting DSI. In such case, your consent is requested and by filling in the form with your contact information and acknowledging your active consent for DSI to collect, store and use your personal information. DSI endeavors to do so in accordance with applicable law. You specifically agree that the information that you provide is for the purposes of contacting DSI is true, accurate and all times up-to-date and that the information that we collect concerning your use is confidential and proprietary to DSI and that you assign all rights in the use of your personal information, including a waiver or moral rights, with respect to any analysis or use of your personal information by DSI.
DSI may disclose your personal information to a government or quasi-governmental agency that has asserted its lawful authority to obtain the information or where DSI has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to DSI’s legal counsel.
By using the Site, you also consent to the use of aggregated data collection, including the use of “Cookies” (the operation of small text files that identify an individual computer’s browser entering the Site), beacons, IP addresses and such other methods to generally track your usage of the Site, including track log files, reading history, number of site visits, time spent on specific pages within the Site. Aggregated information is used to perform statistical analyses of user behavior and characteristics, in order to improve the design and navigation of the Site and to gather aggregated information for general business marketing reasons. If you do not want Cookies placed on your computer by DSI consult your browser to disable this feature.
YOU ACKNOWLEDGE AND AGREEE THAT THE SITE TO THE EXTENT ALLOWABLE BY LAW IS BEING PROVIDED BY DSI TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT, AND ANY SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. DSI DOES NOT PROVIDE ANY WARRANTY THAT THE SITE AND ANY CONTENT OR INFORMATION WITHIN THE SITE OR ANY HYPERLINK TO A THIRD PARTY SITE IS OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS.
IN NO EVENT SHALL DSI, INCLUDING ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ANY DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, SAVINGS, GOODWILL OR ANY OTHER INTANGIBLE LOSSES KNOWN AT LAW OR EQUITY (“DAMAGES”), REGARDLESS OF WHETHER DSI HAD BEEN ADVISED OR COULD HAVE FORESEEN THE REASONABLE FORESEEABILITY OF SUCH DAMAGES
You agree to defend, indemnify and hold DSI, its affiliates, licensors, and each of their respective directors, officers, employees, agents and advisors, including any and all third parties mentioned in the Site, from and against any and all claims, actions, controversies and demands of any kind, including without limitation reasonable legal fees and expenses (“Claims”) resulting from your access to the site, your breach of the Terms and your use or reliance on any content in the Site. In the case of defence of Claims, you will use best efforts to cooperate with DSI that shall, at its own expense, assume exclusive control and defence of any Claims.
The content that is made available by this Site, including the text, images, software, any audio or video, as well as the compilation of any of the aforementioned content (“Site Content”), is the property of DSI and/or its licensors and is protected by Canadian and international copyright laws. All rights are reserved. The Site Content may not be copied or distributed in any way by any means without the express written consent of DSI. The DSI mark and stylized DSI logo, and the terms Definitive Sound Inc. are the property of Definitive Sound Inc. and may only be reproduced with the express written authorization of Definitive Sound Inc. Other content, logos, marks, trademarks, service marks, service, product and/or company names that appear within the Site or any third party hyperlink remain the property of their respective owners.
From time to time, the Site may contain hyperlinks to third party sites. These hyperlinks are being provided to you as a convenience and not as an endorsement of DSI’s products or services. All third party sites are not under the control of DSI and if you click on any such hyperlink and visit any such site, you do so at your own risk. DSI makes no representation or warranty whatsoever regarding any third party linked site, any information contained therein, any products or services that may be described or obtained therefrom or any accuracy or compliance with laws of any third party site.
DSI reserves the right from time to time, without notice to you, to modify, discontinue on a temporary or permanent basis the Site and any Site Content including any links to any third parties and to change or modify in its sole discretion the Terms. Any use by you will be subject to any modified terms.
This agreement with you is personal to you and cannot be assigned by you. The Site is administered under the control of Definitive Sound Inc. within Canada. The Terms shall be interpreted and construed in accordance with the domestic laws of the Province of Ontario and Canada without any reference to its conflicts of laws principles. You agree to comply with your local law to the extent that you use or access this Site outside Canada. Each of DSI and you agree that any Claims, if outstanding, will be referred to and finally settled with respect to any and all matters related to a Claim by private and confidential binding arbitration in English before a single arbitrator held in the Toronto, Ontario, Canada pursuant to the Arbitration Act, 1991 (Ontario). Notwithstanding anything to the contrary with respect to the foregoing, you agree that any breach of DSI or its Licensor’s intellectual property rights would cause irreparable harm to DSI and/or its Licensors that could not be compensated solely by monetary damages and that DSI reserves the right to pursue the protection of DSI’s intellectual property rights or those of its Licensors through injunctive relief or other equitable relief through any court of competent jurisdiction.