Cue.com Terms of Use
1. GENERAL
Cue Acoustics, Inc. ("Cue") provides information and products to users in accordance to the terms of use stated below through its website located at www.cue.com ("Site").
2. PAYMENT FOR PURCHASES AND TERMS
Users of the Site agree to be fully liable for payment obligations for all products purchased through the Site and all users agree to abide by the terms of use provided herein.
3. THIRD PARTY PROCESSING OF PURCHASE PAYMENTS
All payment processing for orders of products through the Site are conducted by third party payment processors and not Cue. Although Cue will use commercially reasonable efforts to make sure such third party payment processing is accurate, Cue shall have no liability to users regarding any such third party payment processing errors or mistakes.
4. ORDER CANCELLATIONS AND CHANGES
Cue reserves the right to cancel any order at any time. Cue also reserves the right to update or amend its policies and these terms of use at any time without further notification.
5. USER ACCOUNT RULES
Users agree to supply Cue with accurate and complete information Cue requests when creating an account, or purchasing products through the Site and to inform Cue promptly of any change in such information. Users are responsible for all use of their accounts. Users must promptly inform Cue of the loss, theft, or unauthorized disclosure or use of their password. Until Cue is notified of such a breach of security, the applicable user shall remain liable for any unauthorized purchases through their account.
6. PRODUCTS USED WITH CERTAIN DEVICES
"Made for iPod," and "Made for iPhone," mean that an electronic accessory has been designed to connect specifically to iPod, or iPhone, respectively, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPod, or iPhone may affect wireless performance.
7. THIRD PARTY PRODUCTS AND SITES
The Site may permit users to receive information and order and receive products and services directly from third parties that are not owned or operated by Cue. Users agree that they are solely responsible to such third parties for all payments and associated fees related to any orders placed. The purchase, payment, warranty, delivery, and any other terms concerning such information, products, and services are solely between the users and such third parties.
8. DISCLAIMER; LIMITATION OF LIABILITY
UNLESS OTHERWISE EXPRESSLY PROVIDED BY APPLICABLE LAW OR THROUGH AN EXPRESS WARRANTY SPECIFICALLY PROVIDED WITH A PRODUCT, THE SITE AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. CUE DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO THE SITE AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CUE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY PROVIDED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF CUE TO ANY USER FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND, INCLUDING DUE TO CUE'S NEGLIGENCE, SHALL BE LIMITED TO ANY AMOUNT PAID BY ANY USER TO CUE FOR ANY PRODUCTS PURCHASED FROM CUE.
9. PRIVACY
Any personally identifiable information used, transmitted, collected and/or stored by Cue shall be governed by Cue’s Online Privacy Policy.
10. PROPRIETARY RIGHTS
The Site and any accompanying documentation and written materials are the sole and exclusive property of Cue or its licensor and are protected by copyright, trademark, patent, and/or trade secret laws and international treaties. All contents including designs, images and content on the Site are copyrighted by Cue Acoustics, Inc. 2010. All rights reserved. Cue and Cue Acoustics are trademarks of Cue Acoustics, Inc. iPod and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries.
11. LEGAL NOTICES TO CALIFORNIA USERS
California users are entitled to the following consumer rights information under California Civil Code § 1789.3: (a) Pricing Information. Currently there are no charges to any user for use of the Site, other than the cost of any products or services purchased on or through the Site and any applicable taxes, shipping fees, and other charges associated with such purchases. Cue reserves the right to add, delete, or change fees or charges at any time upon notice as provided in these terms of use. (b) Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
