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The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
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Introduction.
Welcome to Sound Pillow (Armbruster Enterprises, Inc.). This site is provided by Armbruster Enterprises, Inc. as a service to customers. Please review the following basic rules that govern your use of this site. Please note that your use of this site constitutes your unconditional agreement to follow and be bound by these terms of use. Although you may "bookmark" a particular portion of this site and thereby bypass this agreement, your use of this site still binds you to these terms of use. Armbruster Enterprises, Inc. reserves the right to update or modify these terms of use at any time without prior notice to you. Your use of the site following any such change constitutes your unconditional agreement to follow and be bound by these terms of use as changed. For this reason, we encourage you to review these terms of use whenever you use this site.
Use of this site.
By accepting these terms and use through your use of the site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this site only under the supervision of a parent or legal guardian who agrees to be bound by these terms of use. Armbruster Enterprises, Inc. does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this site and parents or legal guardians may not agree to these terms of use on their behalf. If you are a parent or legal guardian agreeing to these terms of use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these terms of use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this site (collective, the "contents") are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the site for your personal use only. Not right, title or interest in nay downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above) publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the site or any related software. All software used on this site is the property of Armbruster Enterprises, Inc. or its suppliers and protected by U.S. and international copyright laws. The contents and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this site is strictly prohibited. Sound Pillow is a trademark of Armbruster Enterprises, Inc.
Site security.
Users are prohibited from violating or attempting to violate the security of the site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Armbruster Enterprises, Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any devise, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including the navigate or search this site other than the search engine and search engines available by Armbruster Enterprises, Inc. on this site and other than generally available in third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Order acceptance.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies of errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Pricing information.
While Armbruster Enterprises, Inc. strives to provide accurate product and pricing information, pricing or typographical errors may occur. Armbruster Enterprises, Inc. cannot confirm the price or an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Armbruster Enterprises, Inc. shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, Armbruster Enterprises, Inc. may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We strive to provide you with the lowest possible prices, however sometimes pricing may differ from sales source to sales source. Prices and availability are subject to change without notice.
Quantity limits and dealer sales.
Armbruster Enterprises, Inc. reserves the right, at our sole discretion, to limit the quantity of terms purchases per person, per household or per order. These restrictions may be applicable to orders placed by the same Armbruster Enterprises, Inc. account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Armbruster Enterprises, Inc. also reserves the right, at our sole discretion, to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at Scott@soundpillow.com
Colors.
We have made every effort to display the colors of our products that appear on the site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Indemnification.
You agree to defend, indemnify and hold harmless Armbruster Enterprises, Inc. and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees arising from or related t your use of the site.
Limitation of liability.
Under no circumstances and under no legal or equitable theory, whether in tort, contact, strict liability or otherwise, shall Armbruster Enterprises, Inc. or any of its affiliates, employees, directors, officers, agents, vendors, or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages or any nature arising out of or in connection with the use or inability to use the Armbruster Enterprises, Inc. web site including, without limitation, damages for lost profits, loss of goodwill, loss of date, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Armbruster Enterprises, Inc. has been advised of or should have knows of the possibility of such damages. In no event will Armbruster Enterprises, Inc. be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six-month period preceding the date on which the claim arose.
General.
This agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Heading used in these terms of use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this agreement shall remain in full force and effect. The failure of Armbruster Enterprises, Inc. to act with respect to a breach of this agreement by you or others does not constitute a waiver and shall not limit Armbruster Enterprises, Inc.'s rights with respect to such breach or any subsequent breaches. This agreement shall be governed by and construed under Texas law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this agreement or use of this site must be brought in the state or federal courts of Texas and youconsent to the exclusive personal jurisdiction of such courts.
Terms of use.
The material contained I this web site has been checked for accuracy; however, all material is provided without any express or implied warranties. Neither Armbruster Enterprises, Inc. nor its affiliates assumes responsibility for any errors or omissions in the material. In no event shall Armbruster Enterprises, Inc. or its affiliates be liable for any special, indirect or consequential damages resulting from any use or performance of, or content errors or omissions in the material, even if notified in advance of the potential for such damages. All users of the material agree that access to an use of the material is subject to the terms and conditions stated in this legal notice, as well as all applicable laws, and such access and use is at the user's own risk. These terms and conditions are subject to change from time to time without notice by updating or revising this legal notice.
Non-confidential communication. All information, ideas, suggestions or other communications you transmit to Armbruster Enterprises, Inc. concerning the materials contained in this web site shall be on a non-confidential basis. Armbruster Enterprises, Inc. and its affiliates shall be free to reproduce, use, disclose and distribute such communications without limitation or obligation.
Copyright notice.
2004 Armbruster Enterprises, Inc. and/or Phoenix Productions & Promotional Products, 1123 Patricia, San Antonio, Texas 78213, United States of America. All rights reserved.
Copyright permission notice.
Copyright of the documents and/or the software provided in this web site is owned by or licensed to Armbruster Enterprises, Inc. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Notice and Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, retransmit or otherwise distribute the material to others. You may not modify the material in nay way, without the prior written permission of the copyright owner. Except as precisely stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.
Shipping notice.
All materials are intended for use by and delivery to U.S. residents. Orders received from or for delivery to locations outside the U.S are subject to acceptance and additional shipping charges.
Trademark notice.
The following product names are registered trademarks of Armbruster Enterprises, Inc. Sound Pillow. All other produce names contained in this web site may be trademarks or registered trademarks of their respective owners. Images of people or places in this web site are either the property of Armbruster Enterprises, Inc. or Sound Pillow. The use or misuse of those images except as expressly authorized is prohibited.
