Terms
By accessing forty4 Audio LLC and its subsidiaries and divisions (collectively, “f4A”, “we” or “our”) websites and software applications (collectively, the “Sites”), you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our Sites. The materials contained in our Sites are protected by applicable copyright and trademark law.
Use License
Permission is granted to temporarily download one copy of the materials on our Sites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials.
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
- Attempt to decompile or reverse engineer any software contained on the Sites.
- Remove any copyright or other proprietary notations from the materials.
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by f4A at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
f4A reserves the right to refuse and/or delete any user profile at any time. Reasons for refusal/deletion can include fraudulent postings, attempts to promote another site or service, and the posting of any content not deemed appropriate by f4A. In the case of deleted content, a refund is not guaranteed.
Disclaimer
The materials on the Sites are provided “as is”. f4A makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, f4A does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Sites or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall f4A or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Sites, even if f4A or an f4A authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on the Sites could include technical, typographical, or photographic errors. f4A does not warrant that any of the materials on its Sites are accurate, complete, or current. f4A may make changes to the materials contained on its Sites at any time without notice. f4A does not, however, make any commitment to update the materials.
Links
f4A has not reviewed all the sites linked to and from the Sites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site by f4A. Use of any such linked web site is at the user’s own risk.
f4A Terms of Use Modifications
f4A may revise these Terms of Use for its Sites at any time without notice. By using the Sites, you are agreeing to be bound by the then current version of these Terms of Use.
Governing Law
Any claim relating to f4A’s Sites shall be governed by the laws of the Commonwealth of Virginia, U.S.A. without regard to its conflict of law provisions.
Refund Policy
f4A has a satisfaction guarantee. If you have met our Terms of Use and are not fully satisfied, please notify us in writing with signature, current and accurate contact information, and account verification at forty4 Audio LLC, 8343 Highland St, Norfolk, VA 23518 within 30 days of creating your fully paid account and we will review your refund request.
User Accounts
When you create an f4A account, whether as part of the f4A Boosts Program or otherwise, you agree that this Agreement, the terms associated with any f4A service you are using, and all of f4A’s policies, including the f4A Privacy Policy, apply to you.
f4A is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an f4A account, you agree to receive mandatory email updates regarding anomalous activity to your f4A account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email as a violation of our terms.
If your f4A account has a credit card on file to pay for a f4A product or service, f4A may charge that card for any additional products or services you order.
You agree that f4A may send notices to other users informing them that an account has been compromised, including if such account is associated with you. f4A cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that f4A bears no responsibility for doing so. f4A makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
f4A may offer suggestions, recommendations, or information to users that may support or improve their experience on f4A Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As a user, you are responsible for your use of the Sites and any tools offered therein. f4A assumes no responsibility and disclaims all liability for any actions you take based on any information provided by f4A.
Communication through f4A
You may receive messages, emails, or email notifications corresponding with your activity on or use of the Sites or any other communications service, product, or feature provided on or through the Sites. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. f4A disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
f4A may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address. You agree that f4A is not responsible or liable for the manner in which the users use the info. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Sites, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other f4A policies, content moderation, and to improve the Sites or any other f4A product or service.
User Account Pages
You understand that f4A may display publicly available information about you on the Profile Page, in accordance with applicable law. You authorize f4A to claim such Profile Page for you on your behalf, and allows you to edit and add information to the Profile Page. You agree that you are solely responsible for any content you edit or put on a Profile Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Profile Page.
f4A may additionally offer f4A Profile Pages Premium, which includes features accessible only on a subscription basis and may be charged as indicated in an insertion order. f4A reserves the right to change or remove these features at any time, in f4A’s sole discretion. Additionally, these features may include analytics or other figures, which f4A does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. You may cancel your participation in f4A Premium Profile Pages Program at any time by notifying f4A. Such cancellation is generally effective at the beginning of the next calendar month. All Profile Pages Premium monthly subscriptions will automatically renew until canceled by you. You are responsible for all taxes as applicable and appropriate.
Governing Law and Dispute Resolution
This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Sites will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the laws of the Commonwealth of Virginia, U.S.A., without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Norfolk, Virginia, U.S.A.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from f4A. If you intend to propound discovery seeking user information from forty4 Audio LLC, you agree to do so pursuant to a valid U.S.A. Federal or Virginia, U.S.A. request, addressed to and properly served at our registered agent in Virginia, U.S.A. at forty4 Audio LLC, 8343 Highland St, Norfolk, VA 23518. You further agree to submit to the personal jurisdiction of the appropriate Virginia, U.S.A. state or U.S.A. Federal courts for such discovery proceedings.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Sites or these Terms of Use.
Class Action Waiver
By using the Sites and in return for the services offered by f4A, you acknowledge that f4A can only offer you these services under the Terms of Use as presented herein. As partial consideration for your use of the Sites and these services, you agree not to sue f4A as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against f4A regarding your use of the Sites. If you do not agree to any part of these terms, do not continue your use of the Sites. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.
Indemnification
You shall indemnify, defend and hold harmless f4A, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Sites or any f4A product, program, or service; (c) your loss of, or disclosure of, information gained from using the Sites or any f4A product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) the activities of any third-party service providers you engage to assist you with activities related to your use of f4A products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of users. This defense and indemnification obligation will survive this Agreement and your use of the Sites or any f4A product, program, or service.