These Terms of Service (collectively, “Terms”) govern your (“you”, “your”) use of any websites, content, or services accessed through the websites or otherwise (collectively, the “Service”) and provided to you by Pioneer Electronics (USA) Inc.  (collectively, “Pioneer”, “we”, “us”, or “our”), except where other terms may be provided specific to a website, mobile app, or service provided by Pioneer. Through your acceptance of the Terms or by your use of the Service, you agree to be bound by these Terms and any changes or amendments to them. You acknowledge and agree that you have reviewed these Terms. The Service may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We reserve the right, in our sole discretion, to modify, correct, edit, suspend, or discontinue the Service, in whole or in part, at any time.

AGE RESTRICTION: You may not use the Service unless you are at least sixteen (16) years old.

UPDATES TO TERMS: We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms without prior notice. You agree that we may notify you of any updated Terms by posting them on the Service so that they are accessible via a link from the home page and/or send you an e-mail to the last e-mail address you provided to us. To the extent permitted by applicable law, all such changes are effective immediately when we post them, or on such later date as may be specified in the notice of updated Terms. If you object to any such changes, your sole option is to stop using the Service.

1. DEFINITIONS

“Affiliate” means any entity controlling, controlled by, or under common control with a party, where “control” is defined as: (a) the ownership of at least fifty percent (50%) of the equity or beneficial interests of the entity; (b) the right to vote for or appoint a majority of the board of directors or other governing body of the entity; or (c) the power to exercise a controlling influence over the management or policies of the entity, whether through the ownership of voting securities, by contract, or otherwise.

“Intellectual Property” means any and all common law, statutory and other industrial property rights, and intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, patents, and other proprietary rights issued, honored, or enforceable under any applicable laws anywhere in the world, whether registered or unregistered, and all applications thereto.

2. SERVICES

2.1 Access. Subject to your strict compliance with the Terms, Pioneer hereby grants to you a nonexclusive, non-assignable, revocable right to access the Service. All rights not expressly granted to you are reserved by Pioneer and its licensors and other third parties. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.

2.2 Account Registration. The Service may require you to create an account with us. You may not be able to access the Service or some portions or features unless you are signed into your account. When creating an account, you must provide accurate and complete information, and you must promptly keep this information updated. You must secure and keep confidential your account credentials, and you will immediately notify us if you discover or otherwise suspect any unauthorized access to or use of your account. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND WILL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PIONEER. We do not recognize or allow the transfer of accounts between users. Any such attempt will be null and void and may result in the termination and forfeiture of the account.

3. RESTRICTIONS ON USE

You may not: (i) use the Service for any political or commercial purpose; (ii) engage in any activity in connection with the Service that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Pioneer; (iii) harvest any information from the Service; (iv) reverse engineer or modify the Service; (v) interfere with the proper operation of the Service or any security measure used by the Service; (vi) infringe any Intellectual Property or other right of Pioneer or any third party; (vii) use the Service in a manner that suggests an unauthorized association or that is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.  You agree to comply with all local, provincial, federal, national, foreign, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service. 

4. INTELLECTUAL PROPERTY MATTERS

4.1 Ownership of the Service. Pioneer and its licensors own all right, title, and interest in and to the Service, including but not limited to all information, services, logos, images, trademarks, graphics, or software associated with the Service, as well as any and all Intellectual Property Rights to the foregoing.

4.2 Ownership of Feedback. You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, and cost-free right to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your suggestions, ideas, enhancement requests, feedback, or recommendations, or other information provided by you concerning or relating to the Service or any Pioneer products.

4.3 Third-Party Technology. The Service contains content from and links to websites and platforms operated or controlled by third parties. In addition, we may integrate technologies operated or controlled by third parties into parts of our Service. To the maximum extent permitted by applicable law, we disclaim any responsibility for any loss or damage relating to third parties. Please see our Privacy Policy for further details regarding data processing by third parties.

5. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that you will comply with all applicable laws in connection with your use of the Service. Pioneer reserves the right to completely or partially restrict or revoke your access to the Service for violating these Terms or any applicable law, either completely or for a period of time, in our sole discretion.

6. PRODUCT DEPICTIONS.

We try to be as accurate as possible in the descriptions and depictions of the products, including receivers, speakers, amplifiers, subwoofers, accessories and optical drives (collectively, the “Products”) through the Service. However, there may be errors in the information and pictures displayed to you. Actual Product packaging and materials may contain additional and different information than that displayed through the Service. All photographs, drawings, pictures, renderings, dimensions, specifications, performance data and other information on the Store are provided for general illustrative and informational purposes only and do not constitute a representation or warranty that the Products will conform with the same. Products are subject to the applicable manufacturer's limited warranty. Please refer to Product’s labels, warnings, specifications, guides, manuals, and limited warranty documentation before use to determine your rights and remedies. You should not rely solely on the information presented through the Service.

7. TERMINATION

7.1 Duration of Terms. The Terms will begin upon your acceptance and will continue until terminated by either party as outlined in this Section, or until you cease using the Service.

7.2 Termination. Pioneer has the right to terminate your use of the Service at any time, for any reason, with or without notice to you. Upon termination, Pioneer may remove your access to the Service, including by suspending or deleting the applicable user account. You may terminate the Terms by deleting your user account and discontinuing the use of any Service, including visiting any Pioneer website.

7.3 Effect of Termination. In the event of termination, any right you may have had to any user account or associated digital materials will be forfeited.

8. MODIFICATION OF TERMS

We reserve the right to modify these Terms at any time in our sole discretion. If we modify these Terms, you will be required to confirm you accept the modified terms upon the next time you access or use the Service. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service. We encourage you to check back regularly to review these Terms.

9. WARRANTY DISCLAIMER

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, PIONEER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND PIONEER MAKES NO OTHER WARRANTY AS TO THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU. PIONEER EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (1) THE SERVICE BEING ACCURATE, COMPLETE, CURRENT, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR (2) INJURY OR DAMAGE RESULTING FROM THE SERVICE. WE TAKE REASONABLE MEASURES TO PROTECT THE SERVICE BUT CANNOT GUARANTEE THE SERVICE WILL BE FREE OF THIRD-PARTY VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER TYPES OF MALICIOUS CODE THAT MAY BE USED IN ANY WAY TO AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICE.

10. LIMITATIONS OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PIONEER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE, MALFUNCTION, OR LOSS OF PROFITS, DATA, USE, BUSINESS, GOOD-WILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH: (A) THE SERVICE OR  INABILITY TO USE OR ACCESS THE SERVICE; (B) MISUSE OF THE SERVICE (INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS OF THE SERVICE); (C) ANY OTHER USER’S OR THIRD PARTIES’ CONDUCT ON THE SERVICE; OR (D) TERMINATION, SUSPENSION, RESTRICTION, OR OTHERWISE LIMITATION OF ACCESS TO THE SERVICE.

11. INDEMNIFICATION

If a third party makes a claim against Pioneer, its Affiliates or their directors, officers, agents, representatives, licensors, or employees (collectively, the “Pioneer Indemnitees”) as a result of: (i) your misuse of the Service; (ii) your violation of these Terms; or (iii) any breach or non-performance of any representation, warranty, covenant, or agreement made by you, you will indemnify, defend, and hold harmless the Pioneer Indemnitees against the claim at your sole expense, and you will pay all losses, damages, and expenses (including reasonable attorneys’ fees) levied against the Pioneer Indemnitees. Pioneer agrees to promptly notify you of any such third-party claims.

12. COPYRIGHT INFRINGEMENT

If you believe the Service contains material that infringes your copyrighted work, please provide the following written information by email here or by postal mail to Copyright Agent, Pioneer Electronics (USA) Inc., 970 W. 190th Street, Suite 360, Torrance, CA 90502 USA:

• A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
• Your contact information, including your address, telephone number, and an e-mail address;
• A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We will respond to notifications of claimed copyright infringement in accordance with applicable law.

13. GENERAL PROVISIONS

13.1 Assignment. You may not assign the Terms or any right under the Terms. Pioneer may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction or notice. Subject to the foregoing, the rights and liabilities of the parties hereto are binding on, and will inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section will be null and void.

13.2 Severability. If any provision of the Terms is held to be invalid or unenforceable pursuant to a final judicial decree or decision, the remainder of the Terms will remain valid and enforceable. In the event of such partial invalidity, the parties will seek in good faith to agree on replacing any such legally invalid provision with a valid and enforceable provision which will most nearly and fairly reflects the parties’ intent in entering into the Terms.

13.3. Consent or Approval.

No Pioneer consent or approval may be deemed to have been granted by Pioneer without being in writing and signed by an officer of Pioneer.

13.4 Notices.

All legal notices must be mailed to: Legal Department, Pioneer Electronics (USA) Inc., 970 W. 190^th Street, Suite 360, Torrance, CA 90502 USA. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13.5. Survival.

The provisions of the Terms that by their nature should survive termination of your use of the Service, such as Intellectual Property Matters, Warranties, Limitations of Liability, Indemnification, Copyright Infringement, Modification of Terms, and General Provisions, will survive termination of the Terms.

13.6 Support.

You acknowledge that the provision of support is at Pioneer’s sole discretion and that Pioneer has no obligation to provide you with customer support for the Service of any kind.

13.7 Severability; Interpretation.

If any provision of the Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity or enforceability of the remainder of the Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and will not limit the full Terms.

13.8 Complete Agreement; No Waiver.

The Terms reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in the Terms, (a) no failure or delay by you or Pioneer in exercising any of these rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (b) no waiver or modification of any term of the Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

13.9 International Issues.

Pioneer controls and operates the Service from Canada.  The Service is intended exclusively for use by Canadian residents, and only Canadian residents are authorized to use the Service. Pioneer makes no representation that the Service, or products and services promoted through the Service, is appropriate or available for the use beyond Canada. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms or to any sale of goods carried out as a result of your use of the Service. Those who choose to access the Service from locations other than Canada do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.

13.10 Investigations; Cooperation with Law Enforcement.

Pioneer reserves the right to investigate and prosecute any suspected breaches of the Terms or the Service. Pioneer may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

14. DISPUTE RESOLUTION

To the extent permitted by applicable law, you agree to submit any dispute or claim arising out of or in connection with the Terms of Service to the exclusive jurisdiction of the courts of the Province of Ontario. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.

15. CONTACT INFORMATION

If you have any questions, comments or concerns, please contact us:

https://www.pioneerelectronics.com/PUSA/AboutPioneer/Contact+Us

Pioneer Electronics (USA) Inc.
970 W. 190^th Street, Suite 360
Torrance, CA 90502 USA

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