The terms set forth below (the "Terms of Use") describe the terms on which you may access and use NOX-AUDIO.COM (http://www.nox-audio.com) and related websites owned by us (collectively, the "Website") and related Nox Audio Offerings. In order to use the Nox Audio Offerings, you must read and accept all of the terms and conditions of these Terms of Use and our Privacy Policy, available on the Website.

In these Terms of Use, we may refer to Nox Audio as "NOX," "nox-audio," "us," or "we," and "you" shall refer to you and, where applicable, to your company. Any and all use of the NOX Offerings is subject to these Terms of Use. Use of the Website and/or the NOX Offerings signifies your acceptance of these Terms of Use and our Privacy Policy. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF USE, YOU MAY NOT USE NOR ACCESS THE WEBSITEOR THE NOX AUDIO OFFERINGS.

We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting amended terms on the Website. Your continued use of the Website and/or the NOX Offerings indicates your acceptance of such changes.

Description of Service

Nox Audio designs and offers advanced audio products for purchase through the Website and other retail channels. We use a third party to process all payment and order information for purchases made through the Website; all payment transactions are governed by and subject to such third-party's terms of use.We do not process any payment information on or directly through the Website.

Use of the Nox Audio Offerings

Your use of the NOX Offerings is governed by these Terms of Use. We reserve the right to refuse access to the NOX Offerings to any user for any or no reason.

If you sign up on the Website to become a subscriber to the free email newsletter offered by Nox Audio (the "Newsletter"), you will receive the Newsletter in your inbox at the email address you used to register. You may unsubscribe from the Newsletter at any time by following the directions in each Newsletter.

You are responsible for maintaining the confidentiality of any orders you place through the Website, including the invoice number of each such order, and are fully responsible for all activities that occur under any such invoice number with or without your knowledge. You agree to notify Nox Audio of any breach of security. Nox Audio cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Termination

You agree that Nox Audio may, with or without cause, terminate your access to the NOX Offerings without prior notice to you. Without limiting the foregoing, we reserve the right to terminate your use of the NOX Offerings on any (a) breach or violation of these Terms of Use or other incorporated agreements or guidelines by you, (b) request to do so by law enforcement or other government agencies, (c) request to do so by you, and (d) unexpected technical issues or problems. You agree that all terminations shall be at our sole discretion and that we shall not be liable to you nor any third-party for any termination of your access to the NOX Offerings.

Prices and Payment

Nox Audio reserves the right to set and change prices for the products offered for sale on the Website at its discretion. All prices shall be those posted on the Website. We use a third party to process all payment and order information for purchases made through the Website; all payment transactions are governed by and subject to such third-party's terms of use. We do not process any payment information on or directly through the Website and we take no responsibility for any transactions you may have with any third-party processor.

International Use

You agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding taxes, the import and export of goods, and the transmission of technical data exported from the United States and the country in which you reside.

Ownership

Nox Audio and our licensors own all of the intellectual property and other rights, including copyrights, in and to the Website and all of its contents, including the products offered for sale and the design thereof (the "Content"). You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the Content. Trademarks, logos and service marks displayed on our site are our registered and common law trademarks. Your use of and access to the NOX Offerings does not grant you any license or right to use any of the Content.

Links to Third Party Sites

You may encounter hypertext links to websites operated by parties other than Nox Audio during your use of the Services and on the Nox-Audio website. Nox Audio does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the Nox-Audio website does not imply any endorsement by Nox Audio of the material on such website or any association with their operators.

Limitation of Liability

Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTH PERIOD PRECEDING ANY CLAIM.

Indemnification

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Nox Audio, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the NOX Offerings; ii) unauthorized access to or alteration of your communications with or through the NOX Offerings, or iii) any other matter relating to the NOX Offerings. Any business transactions which may arise between users from their use of the NOX Offerings are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE NOX AUDIO OFFERINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY OF THE NOX OFFERINGS OR ANY MATERIAL OR CONTENT, OR FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, AUTHENTICITY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Shipping Disclaimer

After your order has been processed and the payment has been approved, your product will be shipped according to the shipping method you selected during checkout process unless otherwise specified.

ORDER STATUS

NOX Audio will ship all orders in stock within 24 hours. After the product is shipped, NOX Audio’s shipping department will automatically send an email to notify the customer with shipping information which will contain the carrier and your shipment tracking number. You may also look up your order status on our website at www.nox-audio.com. Simply click on the ORDER STATUS icon located at the lower left corner, then type in your sales order number and click GO. You should see your order status if it has already been processed.

DELIVERY STATUS

The shipping method listed on NOX Audio’s website is an estimate only. NOX Audio does not guarantee at any time a certain delivery date or time frame for delivery for any order. NOX Audio is not responsible for lost, misplaced, delayed shipments, damaged freight by the freight carriers, or damaged products due to shipping.

For further questions regarding NOX Audio shipping’s disclaimer statement, please contact NOX Audio Customer Service by e-mail at CustomerService@nox-audio.com.

General Information

These Terms of Use constitute the entire agreement between you and Nox Audio and supersedes any prior agreements, written or oral, between you and Nox Audio. These Terms of Use will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.

Nox Audio, the Nox Audio (NOX) logo, and other Nox Audio logos and names are trademarks of Nox Audio. You agree not to display or use these trademarks in any manner without our prior written permission. The section titles of these Terms of Use are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of these Terms of Use, to CustomerService@nox-audio.com.