BY CLICKING THE “AGREE "BUTTON BELOW, YOU (THE PERSON AND THE ENTITY THAT YOU ARE USING THE DEVICE FOR) AGREE TO THE TERMS OF THIS DEVICE AGREEMENT (“AGREEMENT”) WITH WILLIAMS SOUND, LLC (“WILLIAMS AV”).
- Disclaimer of Warranty. YOU ACKNOWLEDGE AND AGREE THAT THE TRANSLATION AND CLOSED CAPTION SERVICES YOU RECEIVE IN CONNECTION WITH THE USE OF THE DEVICE WILLIAMS AV ARE PROVIDED BY THIRD PARTIES THAT ARE INDEPENDENT AND NOT UNDER THE CONTROL OF WILLIAMS AV. WILLIAMS AV MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY WITH RESPECT TO ANY TRANSLATION, CAPTIONING, OR TRANSCRIPTION IN CONNECTION WITH THE DEVICE.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, EXCEPT AS PROVIDED BELOW, IN NO EVENT SHALL WILLIAMS AV OR ITS EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST TIME, LOST SAVINGS, LOST DATA, LOST CONFIDENTIAL OR OTHER INFORMATION, OR FOR BUSINESS INTERRUPTION, FOR ANY MATTER ARISING FROM OR RELATING TO ANY TRANSLATION, CAPTIONING, OR TRANSCRIPTION IN CONNECTION WITH THE DEVICE.
- Notice. All notices, demands and requests required or permitted to be given under this Agreement must be in writing and must be delivered personally, by facsimile transmission or telecopy (in which event, the notice shall be confirmed by overnight delivery), by nationally recognized overnight courier or sent by United States certified mail, return receipt requested, postage prepaid and addressed to the parties at their respective addresses set forth below and the same shall be effective upon receipt if delivered personally, or on the next business day if sent by overnight courier or by facsimile transmission or telecopy, or three (3) business days after deposit in the mail if mailed.
- Choice of Law/Consent to Jurisdiction. This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the State of Minnesota, without regard to the conflict of laws provision of such state. Any legal suit, action, or proceeding arising out of or relating to this Agreement must be instituted in the federal courts of the United States of America or the courts of the State of Minnesota, in each case located in the City of Minneapolis in the County of Hennepin, and each Party irrevocably submits to the exclusive jurisdiction of such in any suit, action, or proceedings.
- Billing. By agreeing to this Device Agreement, you authorize regularly scheduled charges to your credit card. You will be charged the amount indicated in your selected billing tier every payment period. A receipt for each payment will be provided to you and the charge will appear on your credit card statement. You agree that no prior notification will be provided unless the date or amount is changed by Williams AV, in which case you will receive notice from Williams AV at least 15 days before the payment is collected. In the event in which monthly usage exceeds the amount of time in your selected billing tier, you will be charged an hourly rate according to your current billing tier until the end of your billing cycle.
You understand that this authorization will remain in effect until you disable your system within the portal, or cancel or change your plan by contacting Williams AV. Any changes in your account information or termination of this authorization will be communicated to Williams AV at least 15 days before the next billing date. If the above-noted payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. You acknowledge that the origination of Credit Card transactions to your account must comply with the provisions of U.S. law. You certify that you are an authorized user of this Credit Card and will not dispute these scheduled transactions so long as the transactions correspond to the terms indicated in this authorization form.
Monthly tiered rates are subject to change at Williams AV’s discretion. Exchange rates for non-USD currency are subject to reviews and adjustments at Williams AV’s discretion. Current pricing excludes taxes or VAT where applicable. Customer agrees to pay all applicable taxes levied by local government bodies.