Terms of Use

Updated 10/22/2020

1. Acceptance of Terms through Use

By accessing this Website ("Site"), you agree to all terms, conditions, and notices contained or referenced in these "Terms of Use." If you do not agree to these Terms of Use, please do not use this Site. The content and other materials (collectively the "materials") available on this Site are proprietary to Sound United, LLC and its subsidiaries, affiliates or brands such as Polk (collectively, “Sound United”). Sound United reserves the right to update and change these Terms of Use from time to time in its sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the case of any violation of these Terms of Use, Sound United reserves the right to seek all remedies available in law and equity for such violations. Your use of this Site is also governed by the Sound United Privacy Policy, which you can find here.

2. Use of Site

Unless otherwise specified, this Site is for your personal and non-commercial use, You acknowledge and agree that the materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and that any unauthorized use of the materials may violate such rights and laws. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted or transmitted, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Sound United. Any use of the materials on any other website, server, or networked computer environment for any purpose is expressly prohibited. If you violate these Terms of Use, your authorization to use this Site automatically terminates.

3. Use of Software

If you download software from this Site, your use of that software is subject to the license terms in the Software License Agreement that accompanies or is otherwise provided with the software. You may not download or install the software until you have read and agreed to the terms of the applicable Software License Agreement.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE SOFTWARE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, SOUND UNITED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

4. U.S. Government Restricted Rights

The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Sound United's proprietary rights in them.

5. User Accounts

If any of the services provided by the Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Sound United immediately of any unauthorized use of your account or any other breach of security. Sound United will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Sound United or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

6. General Disclaimer and Limitation of Liability

Although Sound United has attempted to provide accurate information on this Site, it assumes no responsibility for the accuracy of the information or materials; nor does Sound United warrant that the information or materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Sound United may change the materials or products mentioned at any time without notice. Mention of non-Sound United products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL SOUND UNITED OR ITS AFFILIATES, SUPPLIERS, OR THIRD PARTY CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY PRODUCT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN). BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. User Communications

Any communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein ("User Communication(s)") will be considered non-confidential and non-proprietary. Sound United will have no obligations with respect to such User Communications; and by posting or submitting User Communications to this Site you: (i) agree that Sound United and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, and (ii) warrant and represent that the public posting and use of your User Communications by Sound United will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material to this Site that could give rise to any civil or criminal liability under the law.

8. Removal of Content and Discontinuation of Service Termination of Authorization to Use Site

Sound United reserves the right to remove content or discontinue services available on this Site with or without notice. Sound United further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.

9. Links to Third Party Sites

This Website may contain links to third party sites. Access to any other Internet site linked to this Site is at the user's own risk. Sound United does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on these sites, or about any products found at those sites,

or about any search results that may be obtained from using them. Sound United provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

10. Indemnification

Upon a request by Sound United, you agree to defend, indemnify, and hold harmless Sound United and its subsidiaries, affiliates, employees, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your misuse of this Site. Sound United reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Sound United in asserting any available defenses.

11. International

Sound United makes no representation that materials on this site are appropriate or available for use in locations outside the United States. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

12. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the state or federal courts located in the County of San Diego, State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

13. General Provisions

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Sound United with respect to your use of this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Sound United with respect to use of this Site. You also may be subject to additional terms of use that may apply when you use Content, software, or services provided by third party providers to this Site. The failure of Sound United to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Sound United, and the remaining portions shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to

use of this Site must be filed within one (1) year after such claim or cause of action arose, or you will be forever barred. We may revise these Terms of Use at any time and from time to time by updating this posting.

Last Updated: 10/13/2020