By using this site you acknowledge 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 you should immediately cease all usage of 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 state of Colorado, without regard to conflict of laws rules and Colorado will be the sole jurisdiction and venue for any litigation arising from the use of or orders made on the site.
The copyright in all material provided on this site is held by ListenUp. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ListenUp is strictly prohibited. ListenUp’s trademarks may not be used in connection with any product or service that is not provided by ListenUp, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ListenUp.
Reviews, comments and other submissions
We welcome your comments and feedback regarding listenup.com, our products and our services. However, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to listenup.com or otherwise (collectively, "Comments") are not confidential and will become and remain the property of ListenUp. The disclosure, submission or offer of any Comments will constitute an assignment to ListenUp of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
All Submissions will be treated as nonconfidential and nonproprietary, and ListenUp 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.
THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED "AS IS" AND AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, LISTENUP 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. LISTENUP 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 and indemnity
Our Customer Service Specialists are ready to assist you and address your concerns—email firstname.lastname@example.org or call 1.877.744.1179. If you have any questions or concerns regarding how ListenUp manages, accesses or uses your personal information, please email us at email@example.com or call 1.744.1179.
In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from ListenUp through our Site, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at ListenUp, 5295 East Evans Ave., Denver, CO 80222. 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.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of ListenUp 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. ListenUp enforces its intellectual property rights to the fullest extent of the law. ListenUp prohibits use of the ListenUp logo as a "hot" link to the ListenUp site unless establishment of such a link is approved in advance by ListenUp in writing.
Typographical Errors and Order Acceptance Policy
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, ListenUp shall have the right to refuse or cancel any orders placed for said product(s). 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. ListenUp reserves the right at any time after receipt of your order to accept or decline your order for any reason. ListenUp 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 ListenUp.
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.
Google Maps Privacy and Terms of Service
Links to other Websites and Services
This Site may include links to other Internet sites maintained by third parties ("Linked Sites"). ListenUp provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by ListenUp of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the ListenUp Site. ListenUp is not responsible for the contents of any Linked Site.