Acceptance of Contract Terms

The following forms a legal agreement between you 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. If you do not agree to these terms 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, installers 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.

End users: You acknowledge that Crutchfield has no affiliation or control over any installer and that Crutchfield has not verified any information provided by any installer using this service. The installers are not employees and/or agents of Crutchfield but independent individuals or entities that have elected to enter information into this site. You assume full responsibility and any risk for the transaction with the local installer; this includes, but is not limited to, scheduling, communication, fees, and outcome. Crutchfield disclaims any liability for services and actions performed by installer(s) on this site. Crutchfield will not act as your agent or contact an installer on your behalf. You are urged to investigate any individual and/or entity offering services on this site prior to engaging their services. If you decide to post a review on an installer you are subject to the Crutchfield review terms and conditions set forth herein. This service is provided as is with no warranty of any type. Crutchfield reserves the right to change the functions of this service including terminating the service at any time or these terms of use without prior notice.

Installers: By entering your information to be included in this free referral service you acknowledge that you are an independent contractor, have no direct affiliation with Crutchfield, are not employed by Crutchfield and may not represent yourself as being affiliated with Crutchfield in any way. You may not use any Crutchfield Mark, Logo or any of Crutchfield’s intellectual property without the prior express written permission of Crutchfield. You warrant and represent that any information you present about yourself is accurate, truthful and up to date and that should there be any change in the information you provide you will promptly change it so that it is up to date and truthful. This is a free service intended to connect Crutchfield customers with an installer in their area and is provided exclusive of any warranty whatsoever. You agree to use the equipment provided by the customer purchased from Crutchfield. By using this site you consent to reviews being published about you by users of the site subject to the terms and conditions set forth herein. Crutchfield reserves the right to ban any installer from this site at any time in its sole discretion and the right to change functions of this service including terminating the service at any time or these terms of use without prior notice.

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 (INCLUDING ANY INFORMATION ABOUT INSTALLERS, 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, GROSS 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.

Disputes

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by us or Crutchfield.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at Crutchfield, Attention Legal Depart, 1 Crutchfield Park, Charlottesville, VA 22911. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

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.

Any installer using this site hereby irrevocably consents to reviews about its services being posted by users of this site and acknowledges that Crutchfield has no control over said reviews and/or any obligation to modify, delete and/or monitor the content of said reviews.

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.

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.