Terms and Conditions

Listenicious LLC Operates This Website
This website is hosted and operated by Listenicious LLC ("we," "us," and "our"), an independent e-commerce reseller and service provider.
Please read the following terms and conditions carefully.
By using it you agree to be bound by its legal notices (explained below) and all disclaimers and terms and conditions that appear elsewhere on the Listenicious owned and operated website as it relates to Listenicious services and associated product offerings.
Listenicious reserves the right to change its legal notices at any time. Each time you use the Listenicious website, you should review the legal notices that apply to use of this site. If you are dissatisfied with the site's Content or the legal notices, you agree that your sole and exclusive remedy is to discontinue using the Listenicious website.
Tampering with the site, misrepresenting a user’s identity, using buying agents, or conducting fraudulent activities on the site is prohibited.

Disclaimer of Warranties.
The site is provided by Listenicious on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Listenicious makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Listenicious shall have no liability for any interruptions in the use of this Website. Listenicious disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability
Listenicious SHALL NOT be liable for any damages whatsoever, and in particular Listenicious shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Listenicious has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. IN NO EVENT WILL Listenicious OR ITS AFFILIATES, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR, NOR MAKE ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND FOR, ANY LOSS, CORRUPTION, DELAY, INCLUSION, OMISSION, SHIPMENT, NONDELIVERY, MISINFORMATION, OTHER DIRECT OR INDIRECT DAMAGES, OR FAILURE TO PROVIDE CONVERTED MATERIALS, OR SHIPPING SERVICES TO THE EXTENT CAUSED BY OR RESULTING FROM: YOUR ACTS, DEFAULTS OR OMISSIONS; YOUR VIOLATION OF ANY OF THESE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER PERTINENT INFORMATION; ACTS, DEFAULTS OR OMISSIONS OF ANY PERSON OR ENTITY OTHER THAN Listenicious, INCLUDING OUR COMPLIANCE WITH VERBAL OR WRITTEN INSTRUCTIONS FROM THE SENDER, RECIPIENT OR PERSONS CLAIMING TO REPRESENT THE SHIPPER OR RECIPIENT; OUR INABILITY TO PROVIDE A COPY OF THE DELIVERY RECORD OR A COPY OF THE SIGNATURE OBTAINED AT DELIVERY; OUR FAILURE TO PROVIDE A VALID SHIPPING ACCOUNT NUMBER IN GOOD CREDIT STANDING IN THE BILLING INSTRUCTIONS ON SHIPPING DOCUMENTATION; OUR FAILURE TO NOTIFY YOU OF ANY DELAY, LOSS OR DAMAGE IN CONNECTION WITH YOUR SHIPMENT OR ANY INACCURACY IN SUCH NOTICE; OUR RELEASE OF SHIPMENTS WITHOUT OBTAINING A SIGNATURE IF A SIGNATURE RELEASE IS ON FILE. NO ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE LIABILITY. YOU ALSO AGREE TO PROVIDE TRUE, ACCURATE AND COMPLETE INFORMATION ON THE SERVICE AGREEMENT FORM

Modifications and Interruption to Service
Listenicious reserves the right to modify or discontinue the Services or products with or without notice to the Member. Listenicious shall not be liable to Member or any third party should Listenicious exercise its right to modify or discontinue the Service or product. Member acknowledges and accepts that Listenicious does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Accounts
You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.

Capacity to Contract
You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this site.

Typographical errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled within 30 days, we shall immediately issue a credit to your credit card account in the amount of the charge.

Privacy Policy
We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users ("Privacy Policy"). Our current Privacy Policy is incorporated herein by reference and made part of these Terms and Conditions.

Feedback
We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site ("Feedback"). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.

Right to Download
You may download Content displayed on the Listenicious website for noncommercial personal use, provided you also retain all copyright, trademark, and other proprietary notices contained in the material, do not modify or alter the material, and do not copy or post the material on any network computer or broadcast the material in any media. Modifying, transmitting, distributing, reusing, reposting, "framing" or using the Content of the Listenicious website (including text, images, audio and/or video) for public or commercial purposes without written permission from an authorized Listenicious representative is strictly prohibited.

Proprietary Rights
All Content included on or comprising the Listenicious website — including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (“Content") is protected by copyright, trademark, patent, or other proprietary rights; these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is copyrighted as a collective work under U.S. and international copyright laws, and Listenicious owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, or transmit; participate in the transfer or sale, lease or rental of; or create derivative works from or in any way exploit any of the Content, in whole or in part.
Listenicious logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Listenicious and may not be reproduced, copied, or manipulated in any manner without the express written approval of the trademark owner.
By using the Listenicious website, you agree that all information, materials, suggestions, ideas, or comments (including testimonials) you send to Listenicious or any third party using the Listenicious website are non-confidential. By submitting solicited or unsolicited information using the Listenicious website, you grant Listenicious an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

Applicable Law
The Listenicious website is created, operated, and controlled by Listenicious in the state of New York, United States of America. New York state laws will govern legal notices without giving effect to any principles of conflicts of law.

Links to Third-Party Websites
The Listenicious website contains links to other sites, including but not limited to third-party sites that display the Listenicious trademarks. These links are available for your convenience and are intended only to enable access to these third-party sites and for no other purpose.
Listenicious does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any third-party site or its Content. A link to a third-party site on the Listenicious website does not constitute sponsorship, endorsement, approval, or responsibility. Listenicious makes no representation or warranty as to any products or services offered on any third-party site.
Conditions of use and privacy policies for third-party sites may differ substantially from the legal notices that apply to your use of the Listenicious website. Please review the conditions of use for all third-party sites and for more information about the terms and conditions that apply to them.

Security
The Listenicious website may only be used for lawful purposes. Activities including—but not limited to—tampering with the site, misrepresenting the identity of a user, using buying agents, or conducting fraudulent activities on the site are prohibited.
Users are prohibited from violating or attempting to violate Listenicious website security, including, without limitation, (a) accessing data not intended for such user; (b) using the website for unintended purposes or trying to change the site’s behavior; (c) attempting to probe, scan, or test system or network vulnerability or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including, without limitation, submitting a virus to the site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of the website (i.e., impersonating the Listenicious website) or to the website (i.e., impersonating a legitimate user). Sending unsolicited and unauthorized eMail on behalf of Listenicious, including promotions and/or advertising of products or services, is expressly prohibited. System or network security violations may result in civil or criminal liability.
You agree not to use any device, software, routine, or data to interfere or attempt to interfere with the proper working of the Listenicious website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Listenicious website other than the search engine and search agents provided by Listenicious or generally publicly available browsers.
Certain software or other materials that you may download from the Listenicious website may be further subject to United States Export Controls. No software from the Listenicious website may be downloaded or exported contrary to any applicable export law, including but not limited to any applicable prohibitions against download or export as follows: 1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or 2) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using Software downloaded from the Listenicious website, you agree to abide by the applicable laws, rules and regulations—including, but not limited to the Export Administration Act and the Arms Export Control Act—and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of the law.

Notification of Copyright Infringement Under the Digital Millennium Copyright Act
If you believe that your copyrighted material may have been infringed, please provide Listenicious’ Copyright Agent with the following information in writing:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Listenicious LLC with all rights reserved, or is the property of Listenicious LLC and/or third parties protected by intellectual property rights. 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 Listenicious LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Listenicious LLC.
Listenicious are proprietary marks of Listenicious. Listenicious’ trademarks may not be used in connection with any product or service that is not provided by Listenicious LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Listenicious.
All other trademarks displayed on Listenicious website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Listenicious.

Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Listenicious LLC/Listenicious designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail Listenicious LLC 10 Morton Street Room 4C New York, New York 10014 By Email: info@Listenicious.com Web:http://www.Listenicious.com By Phone: 1.917.362.6644

Description of Service
Listenicious LLC (“Listenicious Service website”) is providing Member with music and media conversion services and associated products. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.

Indemnification
Member agrees to indemnify and hold Listenicious, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
This service is used to transform your owned materials into a digital format. It is only available for conversion of materials you are authorized or legally permitted to change in format, materials in which you own the relevant copyrights, or materials, which lack copyright protection. It is your responsibility to ensure compliance with the Copyright Act of 1976 and its amendments. You may not authorize, encourage or allow any resulting digital files to be used in a manner, which would not be in accordance with any state or federal regulations. You agree to hold Listenicious harmless from any actual or alleged violation of copyright laws. If you are uncertain about your right to copy, convert or permit access to any material, you should contact your legal advisor. Listenicious will only convert or copy CDs that belong to you and that have been legally acquired and are originally pressed CDs. Non-original, homemade/burned or bootleg CDs will not be ripped. You agree and understand that some CDs cannot be converted or copied due to damage beyond our repair best practices. In these cases Listenicious will not charge you for the unsuccessfully ripped CD. In the case of a partially damaged CD, normally if three or more songs on a CD are ripped, you will be charged for that CD. The databases we pull from are not infallible. In some cases metadata may be missing, incorrect or incomplete. Although we see very few occasions of this you understand that Listenicious will utilize its best practices to correct such information but will not correct all errors or add all album art for you due to the fact that we do not have access to your original album insert for reference. These errors may not be corrected by Listenicious but they are easily corrected when you organize your music and reference your album insert for greater accuracy.

Right to Use
You Must Have the Right to Use All of the Images, Music and Data of Any Sort in Your Authorized Content, and You Must Have the Right to Grant the Licenses in this Agreement. By entering into this Agreement and uploading or otherwise providing your Authorized Content to Listenicious, you represent and warrant to Listenicious the following: (a) You are at least 18 years of age if you are a natural person; (b) all of the information provided by you to Listenicious to enroll and participate in the program is correct and current (including without limitation information you provide in the metadata form); (c) The Authorized Content is not, in whole or in part, pornographic or obscene; (d) You hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to your authorized content and your brand features to enter into this Agreement and to grant the rights granted herein; (e) You have the legal right and authority to enter into this Agreement, to perform the acts required of You under the Agreement, and to grant the rights and licenses described in this Agreement. You further represent and warrant that (f) the Authorized Content and the rights and licenses granted to Listenicious under this Agreement and Listenicious' authorized use of Your Authorized Content (including the public display, public performance, distribution and reproduction of Your Authorized Content): (i) do not and will not violate any applicable law, statute, ordinance or regulation and (ii) do not breach and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories and (iii) that the website (including products and services therein). You designate in the Metadata Form to which Listenicious may display a link in connection with the display of the Authorized Content does not and will not violate or encourage violation of any applicable law, statute, ordinance or regulation.

Satisfaction Guarantee and Warranty
If any products supplied by Listenicious are found to be defective, you may return those items within 30 days in order for Listenicious to diagnose the problem and provide a credit or replacement if deemed necessary. At our option, we will either refund or credit the charges you paid for the services (including shipping and insurance charges, if applicable). To obtain a refund or credit, at our option, for a service failure, you must notify us within fifteen (15) days of the earlier of (i) the date of invoice or (ii) the date of shipment. In the case of a claim concerning any nondelivery, mis-delivery, late delivery, damaged shipment or other shipping-related claim, you must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection.

Audio/Media Contents

After the 30-day backup period, we do not keep copies of your media or music in either analog or digital form. You agree that Listenicious may listen to some excerpts for quality control. Listenicious will follow its best practices for delivery back to customers. Normally Listenicious will complete orders within 3-5 business days upon CD delivery to a Listenicious facility. For larger orders and unusual requests Listenicious will continue to follow its best practices while simultaneously communicating updated timelines and projected completion dates to customers.

Minimum System Requirement

All computers and/or peripherals must be in good working order, spyware free, have a working internet connection along with the appropriate amount of storage for your ripped content. A USB connection to your computer and a functional DVD optical drive are necessary for the transfer of your content to your computer.

Device Loading

Loading of digital hardware such as new and customer-owned hard drives and MP3 devices, subject to change at any time –Listenicious assumes no responsibility for damages to hardware, software or electronic data or system incompatibility when handling customer owned hardware devices. It is your responsibility to back up all software and data on your computer's hard drive(s) and/or any other storage devices or players before shipping for loading of your content. Listenicious and/or its third-party service providers shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files.
Time necessary for your device loading is dependent upon coordination aspects of hardware and ripping service integration – Listenicious will load new and customer owned hard drive(s) based upon customer following Listenicious’ facilitation procedures knowing that manipulation of customer owned hardware may effect the time table for completion of job. Listenicious is not responsible for any data, music, media or other stored materials on hard drives, iPod, mp3 players or any other devices that you send for the purpose of loading with converted media.
WARRANTY DISCLAIMER. LISTENICIOUS LLC MAKES NO REPRESENTATIONS AND OFFERS NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER WRITTEN OR ORAL EITHER IN FACT OR BY OPERATION OF LAW BY STATUTE, OR OTHERWISE, UNDER THESE TERMS AND CONDITIONS, AND YOU SPECIFICALLY DISCLAIM AND WAIVE ANY CLAIM THAT USER MAY OR MAY NOT HAVE IN THE FUTURE AGAINST LISTENICIOUS FOR BREACH OF ANY TYPE OF WARRANTY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGING ACTIVITY. LISTENICIOUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE DIGITAL CONTENT DELIVERED TO USER OF THE SERVICE.

Order acceptance

Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card thru PayPal or some other pre-arranged method of payment acceptable to the Online Store. 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 the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

Execution

No contract is formed between you and Listenicious LLC until Listenicious LLC exercises the authorization to charge your credit card, and the charge is validated and accepted by your credit card company. If your final invoice is less than your original transaction with Listenicious, Listenicious may credit you back the appropriate amount to your original credit card. If your final invoice is more than your original transaction due to your written request for additional products or your decision to send more CDs to rip than your original estimate or for any other reason, you agree to under these Terms and Conditions to allow Listenicious to charge the appropriate additional amount to your registered and secured credit card. Listenicious will also supply you with an invoice reflecting the appropriate changes.
Not all products and services mentioned will be available in your country or available at the price listed. Canadian and other international orders are not possible at this time.

Prices, Shipping and Handling Charges

Not all prices include charges for shipping and handling or taxes. Separate charges for shipping and handling will be shown on the invoice including any additional charges, duties, taxes or fees for shipments. Additional shipping charges may apply to Hawaii and Alaska where shipping is included. Additional shipping charges apply to all orders under 100 CDs with exception to authorized Listenicious Cards.

Sales and Other Taxes

We are obligated to withhold sales tax for delivery within New York and all such taxes shall be automatically charged and withheld. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with the order not collected by us.

Product Availability

Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Listenicious LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

No Value Until Activated At Register
Listenicious will convert your CDs to one of the formats (see below) of your choice. You may also choose to have Listenicious transfer the music onto your device for a small fee or with the purchase of a device and CD ripping services.

CD Ripping Service Cancellation Policy
If you choose to cancel a CD Ripping Service order that you have made by credit card, you must notify Listenicious in writing within 30 days for a refund or credit, at our option, minus 10% or $25 (which ever amount is greater) to cover shipping and handling costs incurred by Listenicious. If you are unable or choose not to send your CDs or media to Listenicious within 30 days from the time you receive your shipping materials, we will provide you with written notice that your account may be closed and you will be refunded or offered credit for 90 days, at Listenicious’ option, minus 10% or $25 (which ever amount is greater) that will be retained by Listenicious to cover shipping & handling costs. If credit is offered to you, Listenicious will notify you of terms of credit at such time. Please see hardware Terms and Warranty provisions below.
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Website.

Compliance with Return Policies
You agree to comply with and be bound by the return policies in connection with returns of products purchased through this Site. Our current return policy (located in the FAQ section of this Site) is incorporated herein by reference and made part of these Terms and Conditions. With all the products we resell and purchase on your behalf, warranty and primary support is the sole responsibility of the manufacturer. Please see the manufactures’ policy page for devices sold and their related warranty policies. Listenicious will assist in front line support and facilitation of manufactures’ return and warranty policies at their discretion.

Disclaimer and Limitation of Liability as to Products Sold
Any product offered by us is warranted by the manufacturer only to the extent of the applicable warranty contained with the product documentation. EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.

Termination of Usage
We may terminate or suspend your access to or use of all or part of this Site, without notice, for any conduct that we believe is disruptive to this Site or is in violation of any applicable law or these Terms and Conditions.

Effective Date: This Terms of Use Agreement was last updated on January 12, 2010.

THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
Listenicious LLC., hosts and operates this website
Contact
Mail: Listenicious LLC 10 Morton Street Room 4C New York, New York 10014 By Email: info@Listenicious.com By Phone: 1.917.362.6644