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Site Terms Of Use

Acceptance of Contract Terms

The following forms a legal agreement between you, Crutchfield Corporation and Crutchfield New Media LLC ("Crutchfield"). By using this site you are acknowledging that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations and that you are authorized to agree to these terms for both yourself and for any other entity you may be acting on behalf of. If you do not agree to these terms or are not authorized to agree to them please do not use this site. The material provided on this site is protected by law, including, but not limited to, United States Copyright Law and international treaties. Any claim relating to the use of this site, its materials and any sales thereunder is governed by the laws of the Commonwealth of Virginia, without regard to conflict of laws rules and Virginia will be the sole jurisdiction and venue for any litigation arising from the use of or orders made on the site.

Crutchfield is pleased to offer this website for the benefit of our customers and the general public. Feel free to enjoy the site as much as you like. Your choice to visit our website or to take advantage of its features does not create an agency relationship between you and Crutchfield. You are free to browse our site and use its features, and in doing so you are not acting on our behalf. To the extent Crutchfield provides instructions on how to use or take advantage of any feature of the site, you are under no obligation to use or take advantage of that feature. The instructions Crutchfield provides are intended solely to inform you how to take advantage of any such feature, should you in your sole discretion ultimately decide to do so.

Use Restrictions The copyright in all material provided on this site is held by Crutchfield. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of Crutchfield. Permission is granted only to legal residents of the United States who are over the age of thirteen (13) years to display, copy or distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions or upon the request of Crutchfield. Upon termination you must immediately destroy any downloaded and printed materials. You also can not "mirror" any material contained on this site. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, and various other regulations and statutes.

User Accounts

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Trademarks

The trademarks, service marks and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of Crutchfield and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. Crutchfield enforces its intellectual property rights to the fullest extent of the law. Crutchfield prohibits use of the Crutchfield logo as a "hot" link to the Crutchfield site unless establishment of such a link is approved in advance by Crutchfield in writing.

Disclaimer Warranty

THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, CRUTCHFIELD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. CRUTCHFIELD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR PRODUCTS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CRUTCHFIELD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF CRUTCHFIELD OR A CRUTCHFIELD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY ITEM YOU ASSUME ANY COST THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Typographical Errors

In the event a product is listed at an incorrect price due to a typographical error, entry error or error in pricing information received from our suppliers, Crutchfield shall have the right to refuse or cancel any orders placed for said product(s). Although your credit card or any other form of payment normally is not charged prior to shipping an order, if you have already been charged for the purchase and the order is canceled Crutchfield will immediately issue a credit to your credit card account or other payment type in the amount of the incorrect price.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Crutchfield reserves the right at any time after receipt of your order to accept or decline your order for any reason. Crutchfield is a reseller to end-users in the United States only and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products purchased from Crutchfield.

Risk of Loss; Other Terms of Sale

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.

Dispute Resolution — Arbitration Agreement

Our philosophy is to treat all consumers, including our customers, honestly and reasonably. If a concern, complaint, or claim arises between You and Crutchfield, You and Crutchfield agree to work diligently and in good faith to reach a resolution that is fair and equitable to both sides. On occasion, despite our respective best efforts, a third party may be necessary to help resolve problems that may arise between You and Crutchfield.

YOU AND CRUTCHFIELD AGREE THAT ALL DISPUTES BETWEEN US THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT ONLY. YOU AND CRUTCHFIELD ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION IN CONNECTION WITH ANY SUCH DISPUTES OR TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.

All Disputes Covered. You and Crutchfield agree that this arbitration agreement covers all concerns, complaints, demands for relief, and claims of any kind that may arise between You and Us, including, but not limited to, those arising out of or related to these Terms, the operation and content of the Website, your use of the Website, communications between You and Us, and the purchase and use all products and services offered by Us (each a “Dispute,” and, collectively, the “Disputes”). You and Crutchfield further agree that our mutual obligation to arbitrate encompasses every kind of Dispute, including, but not limited to, statutory, regulatory, constitutional, and common law Disputes, including those involving allegations of negligence and intentional wrongdoing (including fraud or misrepresentation), and irrespective of the source or origin of the law which may govern or give rise to such Disputes.

All Persons and Entities Covered. This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under Crutchfield’s direction or control, and all companies affiliated with Crutchfield (including, but not limited to, parents, subsidiaries, and sibling corporations). This arbitration agreement is binding on You and Us, as well as our respective heirs, successors, and assigns.

Governing Law. This arbitration agreement is governed exclusively by the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or impose obligations greater than, or inconsistent with, the FAA.

The Informal Settlement Process. Before You or Crutchfield can file a claim in arbitration or small claims court, You and Crutchfield are each required first to participate in an informal settlement process for a period of sixty (60) days for the purpose of resolving each Dispute.

To initiate the informal settlement process, the claiming party must send to the other party a short, written statement (a “Claim Statement”) explaining all Disputes in sufficient detail for the other party to understand and investigate them, along with a proposal for resolving them, including any amount of money being claimed and the basis for that calculation. You agree to send Claim Statements by email to LegalDepartment@crutchfield.com or by certified mail, return receipt requested to:

Crutchfield
1 Crutchfield Park
Charlottesville, Virginia 22911
ATTN: Legal Department

You and Crutchfield will then, upon receipt of the Claim Statement, attempt in good faith to resolve each Dispute described in the Claim Statement on an individual basis. If any such Dispute is not resolved by sixty (60) days following receipt of the Claim Statement, You and Crutchfield thereafter have the right to resolve any such Dispute either in small claims court or by individual arbitration, subject to the requirements described below. Any statute of limitations applicable to such Disputes shall be suspended for the sixty (60) day period during which You and Crutchfield attempt to resolve such Disputes informally. You and Crutchfield may agree to extend the period for resolving such Disputes beyond sixty (60) days, and, if so, any applicable statutes of limitation shall be suspended for that additional period as well.

Disputes Not Settled Informally May Only Be Resolved in Small Claims Court or By Individual Arbitration. At end of the 60-day informal settlement process, any Disputes addressed, but unresolved, may be asserted on an individual basis in either (1) small claims court in: (a) the county or parish where you live, if such a court is available and has jurisdiction to hear the Dispute; or (b) another location You and Crutchfield agree on, but only if the Disputes (and the relief they seek) qualifies to be brought in that court; or (2) binding individual arbitration as provided for in this arbitration agreement.

Arbitration Rules and Requirements

While there is no judge or jury in an arbitration, the arbitrator has the power to award the same individual relief and must follow this arbitration agreement in the same way as a court. In the event You and Crutchfield disagree on whether a Dispute must be arbitrated, the arbitrator shall have, but only to extent permitted by law, the sole authority to address all such disagreements, including, but not limited to, arguments concerning the formation, legality, and enforceability of this arbitration agreement, the scope of the arbitration agreement, and the arbitrability of any Dispute arising between you and us.

Any court of competent jurisdiction will have the authority to enforce these arbitration requirements (including those related to mass arbitration set forth below) and, if necessary, enjoin the filing or prosecution of arbitrations and/or the assessment of fees by the AAA or any other organization, arbitrator, or mediator in a manner inconsistent this arbitration agreement.

General Arbitration Rules. The arbitration process will differ depending on whether your claim is pursued individually or as part of a Mass Arbitration (which is defined below). In the case of a mass arbitration, if there is a conflict between these General Arbitration Rules and the rules described below pertaining to mass arbitration, the Mass Arbitration Rules will control. Otherwise, these General Arbitration Rules shall control. To the extent that any cause of action or claim for relief cannot for any reason be addressed in arbitration, you and Crutchfield agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief.

All arbitrations shall be before a single arbitrator. Arbitrations involving consumer Disputes shall be governed by these terms and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: adr.org/consumer. All other arbitrations shall be governed by these terms and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules, which you can find here: adr.org/commercial. To the extent there is a conflict between the terms of this arbitration agreement and any applicable AAA rules and protocols, the terms shall control, but only to the extent that the mutual obligation to arbitrate is preserved.

Disputes that involve an individual claim for less than $25,000 (US) in actual or statutory damages (but not including any amounts claimed for attorneys’ fees and incidental, consequential, punitive, or exemplary damages, and excluding any damage multipliers), must be resolved exclusively through binding non-appearance-based arbitration based solely on the written submissions of the parties. All other arbitrations will be conducted by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless the parties mutually agree otherwise. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.

Except as otherwise expressly provided, the American Arbitration Association shall be the arbitration administrator. To begin an arbitration proceeding, the party initiating the arbitration must send a letter requesting arbitration and describing the Dispute(s) to:

American Arbitration Association Case Filing Services
1101 Laurel Oak Road
Suite 100
Voorhees, NJ 08043
Or by filing the request online through the AAA’s website: adr.org/Support. For demands initiated against Crutchfield, a copy of the demand must also be sent by mail to:
Crutchfield
1 Crutchfield Park
Charlottesville, Virginia 22911
ATTN: Legal Department
Or email to: LegalDepartment@crutchfield.com.

If the AAA is for any reason unavailable, unable, or unwilling to handle an arbitration under these rules, You and Crutchfield shall negotiate in good faith on the substitution of another organization or individual to handle the arbitration in a manner that is consistent with the requirements of our arbitration agreement. If such an alternate cannot be agreed upon, You or Crutchfield may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration in a manner consistent with the requirements of our arbitration agreement.

Mass Arbitration Rules. If twenty-five (25) or more claimants file, or indicate an intention to file, directly or through counsel, demands for arbitration against Crutchfield raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across such Disputes (a “Mass Arbitration”), these special rules shall apply. In the case of a Mass Arbitration, to the extent there is a conflict between these Mass Arbitration Rules and any other provisions of this arbitration agreement, these Mass Arbitration Rules will control.

Each individual claimant that is part of a Mass Arbitration must complete the informal settlement process before that claimant can proceed to arbitration. Counsel for claimants and Crutchfield shall agree to the submission of a single Claim Statement for all Mass Arbitration claimants, but only if it identifies each claimant by name and mailing address. Once the sixty (60) day informal settlement process has ended for all Mass Arbitration claimants, the Mass Arbitration claimants must then follow the “bellwether procedure” described below in which a group of ten (10) selected claimants proceed to arbitration (each a “bellwether arbitration”), followed by a mandatory mediation process through which the Disputes of one or more Mass Arbitration claimants may be settled.

Counsel for claimants and Crutchfield’s counsel shall each select five (5) claimants for bellwether arbitrations (ten (10) in total) to be each promptly decided individually as a bellwether arbitration conducted pursuant to the General Arbitration Rules set forth in these terms, above, with each case assigned to a separate arbitrator. Crutchfield reserves the right, at its sole discretion, to permit counsel for claimants to select all ten (10) bellwether cases. These bellwether arbitrations shall be subject to the AAA Multiple Consumer Case Filing Fee Schedule. Each bellwether arbitration shall be completed within one-hundred-twenty (120) days from the date by which all ten (10) claimants for bellwether arbitrations have been selected unless the parties agree to a different deadline. In the meantime, no other demands for arbitration may be filed, processed, or in any way deemed filed, but instead shall be stayed until the ten bellwether arbitrations and the subsequent mediation process required by the Mass Arbitration rules (and described below) has ended, and no fees or arbitrator compensation shall be assessed regarding such stayed cases. For such stayed Disputes, all applicable statutes of limitation shall also be stayed until the mediation process required by these Mass Arbitration Rules has ended.

Upon the resolution of the ten (10) bellwether cases, counsel for Crutchfield and counsel for claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of sixty (60) days in a good faith effort to resolve all Mass Arbitration Disputes. This mediation shall be conducted by the AAA under the Mediation Procedures of the American Arbitration Association as may be in effect at that time. If prior to or during the mediation, Crutchfield presents a written settlement offer seeking to resolve the claims of some or all Mass Arbitration claimants, counsel for those claimants shall present that written settlement offer, in the exact form in which it is tendered, to each claimant to which it is directed.

If the bellwether arbitrations and the subsequent mediation are unsuccessful in resolving the disputes of all Mass Arbitration claimants, those Mass Arbitration claimants whose claims have not been resolved may pursue their claim on an individual basis, but only with FairClaims, Inc. (“FairClaims”), to be arbitrated under FairClaims’s Small Claims Rules & Procedures. To the extent that any cause of action or claim for relief cannot for any reason be addressed by FairClaims under its Small Claims Rules & Procedures, you and Crutchfield agree that any court proceedings involving Mass Arbitration claimants and Crutchfield concerning their Disputes shall be stayed pending the final resolution in arbitration with Crutchfield of all arbitrable causes of action and claims for relief. Any claims pending with any arbitration provider or arbitrator other than FairClaims shall promptly be dismissed without prejudice.

If the AAA is for any reason unavailable or unable to handle the bellwether arbitrations or the mediation called for these Mass Arbitration Rules, Crutchfield and counsel for claimants shall negotiate in good faith for the substitution of another organization or individual to carry out these functions in a manner that is cost effective to both parties and proceeds in accordance with the requirements of our arbitration agreement, including these Mass Arbitration Rules. If such an agreement cannot be reached for any reason, Crutchfield or counsel for claimants may petition a court of competent jurisdiction to appoint an organization or individual to conduct the bellwether arbitrations and mediation consistent with the requirements of this arbitration agreement, including the Mass Arbitration Rules.

Fees and Costs. You and Crutchfield will bear our own costs, arbitral fees, and attorneys’ fees in the event of a Dispute, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If the arbitrator determines that an arbitration has been brought in bad faith, for an improper purpose, or to exert unfair pressure disproportionate to the harm alleged in the Disputes, or that the demand was frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending itself in connection with the Disputes.

No Class Actions. You and Crutchfield agree that we can each only bring Disputes against the other on an individual basis. This means: (a) neither You nor We can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only decide the disputes of that user, not other users. Nothing in this section is intended to limit the individual relief available to either You or Us in arbitration or small claims court. Nor does anything in this section limit the parties’ rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims.

Rules of Construction. The requirements of these terms related to dispute resolution shall be interpreted, to the maximum extent permitted by law, to facilitate the resolution of all disputes in arbitration in a way that is cost-effective to all parties.

Severability. If any terms related to dispute resolution shall be held to be unenforceable, the remaining provisions shall remain in effect to the maximum extent permitted by law in a manner that facilitates resolution of Disputes in arbitration in a way that is cost effective to all parties. To the extent that any other provision of the terms is found to be inconsistent with rights, duties, and requirements of these terms related to dispute resolution, or where the application of such a provision would change or render unenforceable any provision of these terms related to dispute resolution, such provision shall be null, void, and of no effect and the dispute resolution provisions of these terms shall control.

30-Day Right to Opt Out of Arbitration Agreement. You have the right to opt out of the provisions of this arbitration agreement by sending written notice of your decision to opt out to: [email address], within 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your email address, and an unequivocal statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of these terms will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Survival. All provisions of the terms regarding dispute resolution, including the arbitration agreement, shall survive termination.

Reviews and Comments

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

Sales Taxes

Some states require us to provide them with lists of residents of the state along with other personally identifiable information such as email addresses, mailing addresses and the items purchased which we are required to submit under the laws of these states.

Transmissions

Any material, information or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Crutchfield or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to Crutchfield will be handled in accordance with Crutchfield's Privacy Policy. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under the law.

Children's Online Policy

Crutchfield is committed to the preservation of online privacy for all of its web site visitors, including children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any personally identifiable information from children under the age of 13. Crutchfield.com sells products intended for purchase by adults. If you make a purchase on Crutchfield.com, you are representing that you are an adult. If you are a child under the age of 13, you must ask your parent or guardian to assist you in using Crutchfield.com.

Terms of Sale, Shipping, Warranties

Regardless of any terms or instructions to the contrary in any documents or communication made by a visitor or potential customer of Crutchfield, any sales made from Crutchfield whether through our website, retail stores and/or our call centers, shall be subject solely to the terms of sales, shipping methods/fees/times, and product warranty (if any) and all other terms and conditions set forth in writing on the Crutchfield site and/or catalog. Any other terms or instructions supplied in any manner by a visitor or customer are void and are hereby replaced in their entirety by the Crutchfield terms and conditions. Any entity or individual placing an order with Crutchfield acknowledges that they are aware of this clause and that they are fully authorized to agree to this clause.

Term of Use Revisions

Crutchfield may at any time revise these Terms of Use by updating this posting and expressly reserves the right to modify and/or terminate this site at any time, without prior notice, at its sole and absolute discretion. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.