Terms of service

Last Modified: February 17, 2023

1. Your Acceptance
Welcome to the “Terms of Service” for the website (the “Website”) owned and operated by PS
Audio, Inc., a Colorado Corporation and a manufacturer and retailer of high-end audio
products (“PS Audio”). The Website may be used to view and purchase our products and
services, and to engage with and subscribe to our media outreach materials (collectively, the
“Services”). This is an agreement (“Agreement”) between PS Audio and you, a user of the
Website and/or the Services (referred to herein as “you” or “your” or as a “user”). This
Agreement is legally binding and governs your use of our Website and/or Services.
The Website is provided by Shopify Inc., a Canadian corporation, with offices located at 151
O’Connor Street, Ground floor, Ottawa, Ontario, K2P 2L8.

Throughout this Agreement, PS Audio may be referred to as “us,” “we,” and “our.” All
information submitted by you to us, such as data, text, sound, photographs, graphics, video,
messages, tags or other materials for hosting, display, and distribution shall be referred to as
“Content.”

Please read these Terms of Service, as well as our Privacy Policy and Cookie Policy before using
the Website and/or the Services. By using or accessing our Website and/or using any of our
Services, you acknowledge and agree to the terms of this Agreement and agree to be bound
by this Agreement, the Privacy Policy, the Cookie Policy, and you agree to comply with all
local, state, and federal laws and regulations that apply to you and your use of the Website
and/or the Services. We may amend our Terms of Service and/or the Privacy Policy and Cookie
Policy from time to time, and your continued use of our Website and/or Services will constitute
acknowledgment and consent to any amendments made to each of the same.
If you do not agree to these Terms of Service, or to any of the terms contained in the Privacy
Policy or the Cookie Policy, you may not use the Website or the Services, and we ask that you
please stop using the Website and/or Services immediately.

Additionally, by accessing the Website or otherwise using any of the Services, you
acknowledge and agree that the Website and the Services are only intended for use by persons
that are at least 13 years old. If you are under the age of 13, please cease using the Website and
the Services immediately, and do not submit any information to us. If you are between the
ages of 13 and 18, please get your parent or legal guardian’s permission before using our
Website or Services.

{W1733679 TCS}
2. PS Audio Description of Services
PS Audio is a manufacturer of audio equipment, a creator of online content, and a retailer.
PS Audio’s Services are objects that define the scope of these Terms of Service.
PS Audio’s Services include our:
• Website(s);
• Out-of-Box Applications;
• Retail store;
• PowerPlay software which collects user data on AC power usage and quality;
• Musical tracks played including metadata from our digital audio products; and
• Media outreach materials.
but does not include:
• PS Audio products or services for which separate terms are provided; or
• Third-party products, including any third-party products or services that you may
choose to integrate with PS Audio products or services.

3. User Accounts
You may use PS Audio and the Website without a registered account. However, to take full
advantage of the Website and the Services, you will have to sign up for an account. After
registering for an account, you may register your products and take advantage of other PS
Audio Services and communicate with other users of the Services. If you decide not to register
for an account, you are still subject to these Terms of Service, the Privacy Policy and the
Cookie Policy while using the Website and the Services. It is important that you keep your
account information confidential as you are solely responsible for all actions or purchases
made under your account.

During registration, we require that you provide us with your name, e-mail address, and
physical address. We may also require additional information from you. Additionally, we may
allow you to login through a third-party service such as Google or Facebook. All information
that you provide for your account must be accurate and complete.

We have the final discretion in granting accounts and reserve the right to reject users without
explanation. We reserve the right to reclaim any PS Audio usernames and other unique IDs on
behalf of businesses or individuals that we believe may have trademark rights or other legal
claims to the same. Further, you understand and agree that violation of these Terms of Use, or
of the Privacy Policy or Cookie Policy, may, in our sole and absolute discretion, result in the
suspension or termination of your account, in addition to any other rights that PS Audio may have at law or in equity. Users who have their account or access rights terminated may no
longer use the Website or the Services.

If you sign up for an account on behalf of a company or other entity, then “you” in this
Agreement refers to both you, individually, and such entity, and you represent and warrant
that you are authorized by such entity to agree to these Terms of Use, the Privacy Policy, and
the Cookie Policy.

You may not use any other user’s account without permission. Please take reasonable steps to
protect your account, including keeping your password secret and secure, and restricting
access to your account and devices. You are responsible for any activity on the Website or
within the Services that occurs under your account.

By providing us with your email address, telephone number, mailing address, or other contact
information, you agree that we may send occasional emails, texts, mailings, or phone
messages to you regarding updates, products, and promotions. Our use of your contact
information is subject to our Privacy Policy and our Cookie Policy.

4. Your Responsibilities
You are responsible for your use of the Website and the Services, and for any use of the same
under your username and account. You agree not to access, copy, or use the Website or the
Services, including our intellectual property and trademarks, except as authorized by these
Terms of Service or as otherwise authorized in writing by PS Audio.
The Website and the Services include a community of users, and we expect everyone to act
reasonably and respectfully at all times during their use of our Website and Services. We have
created a non-exhaustive list of responsibilities that you agree to follow at all times while using
the Website and the Services. By using our Website and the Services:
1. You agree to act within the bounds of common decency when using our Website and
Services. This includes refraining from posting illegal, pornographic, explicitly sexual,
underage, or otherwise distasteful Content.
2. You agree not to stalk, harass, bully, or harm another individual or user.
3. You agree not to impersonate any person or entity, or to misrepresent your affiliation
with a person or entity.
4. You agree not to violate any requirements, procedures, policies, or regulations of
networks connected to PS Audio, the Website, or the Services.
5. You agree not to collect or store personal information about other users.
6. You agree not to interfere with or disrupt PS Audio, the Website, or the Services.
7. You agree not to hack, spam, or phish us, any third-parties, or any other users.
8. You agree to provide truthful and accurate information and Content on our forums or
other media outreach platforms.
9. You agree not to violate any law or regulation and understand and acknowledge that
you are solely responsible for any such violations.
10. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse
engineer, grant a security interest in, or otherwise transfer any right to the technology
or software underlying our Website or any of our Services.
11. You agree that you will not use our Website to post any false, misleading, unlawful,
defamatory, obscene, invasive, threatening, harassing, inflammatory, or fraudulent
Content or information, or to post any inappropriate or distasteful information or
Content about any other company, individual, or user.
12. You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairing of any portion of our Website, including the de-indexing or decaching of any portion of our Website from a thirty party’s website, such as by
requesting its removal from a search engine.
13. You agree that you will not infringe upon anybody’s intellectual property, and that you
will not otherwise use anybody’s intellectual property unless you have permission from
the owner to use such intellectual property in the specific manner that you have used it.
14. You agree that you are expressly prohibited from accessing PS Audio through a virtual
private network or by proxy.

PS Audio may, in its sole and absolute discretion, terminate your account for violating one or
more of your responsibilities, for violating applicable international, federal or state laws or
regulations, of for violating any other provision in this Agreement, the Privacy Policy, the
Cookie Policy, or for any other lawful purpose, with or without notice.

5. Users Posting on PS Audio
PS Audio allows you to submit Content such as data, text, sound, photographs, graphics,
video, messages, tags or other materials on our forums and media outlets. PS Audio is only
acting as a repository of data and user Content submitted to our Website or shared through
any of our Services. We make no guarantees as to the validity, accuracy or legal status of any
user Content. We do not endorse, condone or verify any user Content. Content that is
submitted by users is also subject to our Privacy Policy and our Cookie Policy. We are not
required to host, display, or distribute any Content, and we may, in our sole and absolute
discretion, refuse to accept or transmit your Content, and may remove or delete any and all
Content from the Website or Services at any time without notice.

Any Content submitted by you will be owned by you. However, you understand and agree that,
under the terms of this Agreement, you grant PS Audio a license to all Content, and
acknowledge that such license is mandatory for us to receive, host, process, and/or distribute
your Content on or through our servers. Additionally, you grant PS Audio with permission to
make any alterations to your Content on your behalf. PS Audio will not use your Content in an
unethical or disrespectful way. You are solely responsible for your conduct using the Website
and the Services, and for any Content that you submit, post, edit, or display on or through the
Website or the Services, and for any conduct or Content that takes place under your username
and account. Please be mindful that Content you upload may be seen by others and it may not
be possible to later take such Content down.

You guarantee that your Content does not infringe on the intellectual property rights, privacy
rights, publicity rights, or other legal rights of any third party. You further understand and
agree that you will be solely responsibility for any such infringement, or claims of infringement,
related to your Content, or to Content submitted under your username and account.

You understand that when using the Website and the Services you will be exposed to Content
from a variety of sources, and that PS Audio is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such Content, and that such Content is
not the responsibility of PS Audio. You further understand and acknowledge that you may be
exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to
waive, and hereby do waive, any legal or equitable rights or remedies that you have or may
have against PS Audio with respect thereto, and agree to indemnify and hold PS Audio and its
owners, operators, affiliates, and/or licensors harmless pursuant to the terms of this
Agreement, and to the fullest extent allowed by law regarding all matters related to your use
of the Website and the Services.

6. Licenses
PS Audio and its affiliates reserve the rights to share the Content that you create and post. You
hereby grant to PS Audio, and represent and warrant that you have all the rights necessary to
so grant, a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal,
transferable license to display, publicly perform, distribute, store, broadcast, transmit,
reproduce, modify, prepare derivative works from and to otherwise use and reuse all or part of
your Content and anything we may make with your Content through the Website or the
Services or any other medium currently invented or invented in the future. Without this
license, we are unable to provide the Services in full.

If you reside in the European Union (the “EU”) or in a country that recognizes unalienable moral
rights, you grant us the broadest license that is legally allowed under any such applicable law.
PS Audio grants you a personal, non-exclusive, non-transferable, non-sublicensable limited
right to use the Website and the Services (the “License”). The rights granted to you under the
License are subject to this Agreement, and to the terms of the Privacy Policy and Cookie
Policy, and you may only use the License if you comply with all applicable terms of each of the
same. The License becomes effective on the date that you accept and agree to the terms of
this Agreement. The License does not grant you any title or ownership in or to the Website or
the Services.

7. Content Posting Guidelines
The Website, the Services, and PS Audio’s social and media outlets are composed of a
community of users. Accordingly, please be respectful to PS Audio and all other users when
posting, submitting or creating any Content through the Website or Services. When posting,
submitting, or creating Content you agree that you will not:

1. Impersonate any person or entity or misrepresent you affiliation with a person or entity.
2. Post any Content that is disrespectful, harmful, harassing, discriminatory, defamatory,
illegal, lewd, pornographic, unlawful, obscene, invasive, inflammatory, fraudulent,
threatening, violent, hateful, or otherwise distasteful.
3. Post any false, misleading, or inaccurate Content.
4. Post any Content that infringes on the intellectual property rights or legal rights of third
parties or other users.
5. Post any Content that contains personally sensitive information of a third party without
their consent.
6. Post any Content that is not up to community standards.
If you believe that any Content posted on or through the Website or the Services violates these
guidelines, please contact us at support@psaudio.com. We reserve the right, in our sole and
absolute discretion, to remove any Content, including, without limitation, Content that
violates these guidelines.

8. Intellectual Property Rights
The design of the Website and Services, and any text, scripts, graphics, interactive features,
trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed
to PS Audio, subject to copyright and other intellectual property rights under United States,
EU and foreign laws and international conventions.
PS Audio reserves all rights not expressly granted in and to the Marks, the Website and/or the
Services. You agree not to engage in the use, copying, or distribution of anything contained
within the Website or the Services unless we have given you express written permission.

9. Your Use of the Website
The Website and the Services are provided “as-is”. We may, at our discretion and without
notice to you, change, modify, interrupt or terminate the Website and/or any of the Services.
You agree that our Services may not always be error free, continuous or undisrupted. We will
not be responsible for backing up or storing anything created on our Website. You are solely
responsible for backing up, storing, or otherwise creating copies of any work created on our
Website and/or through use of the Services.
You agree not to distribute any Content found on our Website or Services, including, without
limitation, the Marks, without our prior written authorization. You agree not to access Content
through any technology or means other than through our Website or through the Services, or
as otherwise authorized by us in writing.

10. Advertising; Payments
Some features on the Website or the Services may be supported by advertising revenue, and
we may display advertisements and promotions. You acknowledge and agree that such
advertising and promotions may appear on, about, or in conjunction with your Content. The
manner, mode and extent of such advertising and promotions are determined in our sole and
absolute discretion and are subject to change without notice. You acknowledge that we may
not always identify paid services, sponsored content, or commercial communications as such.
If the Website or the Services provides you with the ability to make payments, such payments
will be subject to the terms of use of the applicable third-party payment services provider. You
agree to be bound by any terms of use of such third-party payment services provider.

11. Limitations on Liability
IN NO EVENT SHALL PS AUDIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM : (1) ANY ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY
DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR WEBSITE OR SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICES; (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE OR SERVICES BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION,
OTHER USERS; (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT; AND/OR (7) FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU OR WE ARE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ALL APPLICABLE
JURISDICTIONS.
YOU SPECIFICALLY ACKNOWLEDGE THAT PS AUDIO SHALL NOT BE LIABLE FOR
CONTENT OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER, AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, THE SERVICES, OR ANY
CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE
AND THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR THE
SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE
THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH
PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH
MANUFACTURER’S OR SUPPLIER’S WARRANTY. WITHOUT LIMITING THE FOREGOING,
THE AGGREGATE LIABILITY OF PS AUDIO IN CONNECTION WITHY ANY CLAIM ARISING
OUT OF OR RELATING TO THE WEBSITE OR THE SERVICES SHALL NOT EXCEED THE
AMOUNT PAID BY YOU TO PS AUDIO IN CONNECTION WITH THE WEBSITE OR THE
SERVICES, OR $100, WHICHEVER IS GREATER. PS AUDIO IS NOT LIABLE TO YOU OR TO
THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM
YOUR USE OF ANY SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS,
PURCHASED FROM OUR WEBSITE.

For your convenience, the following are some important details of this Agreement that affect
your rights and remedies:

1. The Website’s public areas include areas where members may post user generated
Content. We are not responsible for the posting of any of this Content or information.

2. We are not required to or under any obligation to review, screen, edit, monitor, or
remove any member Content posted on our Website or through our Services and we
reserve the absolute right, at our sole and absolute discretion, to remove, screen, or
edit any Content at any time and for any reason without any notice to you or any party
affected by the same.

3. We take no responsibility and assume no liability for any user Content that is posted,
stored, uploaded, or transmitted on our through the Website or the Services, or for any
loss or damages that may occur because of such Content, including, without limitation,
defamation, slander, libel, falsehoods, obscenity, or profanity.

4. We take no responsibility and assume no liability for any claim, action, petition,
demand for arbitration or lawsuit alleging injury or damage resulting from any use of
the Website or the Services, whether arising in tort or contract, at law or in equity.

5. You agree not to hold any other user liable for any negative or critical comments,
except that you are not obligated to release any other user who submits Content that
violates any term or provision of these Terms of Service, the Privacy Policy, the Cookie
Policy, or any other policies stated anywhere on the Website.

6. PS Audio is not liable under any circumstances to any user for any Content submitted
by another user, even if that Content violates these Terms of Service, the Privacy
Policy, the Cookie Policy, or any other applicable policies, and even if PS Audio takes no
action to remove that Content or terminate that user’s account.

7. Your ability to use or interact with the Website and the Services is a privilege, not a
right, and we reserve the right, in our sole and absolute discretion, without notice, to
take any action that we deem proper to prevent any violation, enforce any provision, or
rectify any alleged violations of this Agreement, the Privacy Policy, the Cookies Policy,
or any applicable law or regulation.
PS Audio shall not be liable for any other reason for damages, even if you or PS Audio have
been advised of the possibility of such damages. If this clause is prohibited or restricted by
applicable law, our liability shall be limited to the lowest legally required amount. The Website
and the Services are controlled and offered by PS Audio from its facilities in the United States.
PS Audio makes no representations that the Website or the Services are appropriate or
available for use in other locations. Those who access or use the Website and/or the Services
from other jurisdictions do so at their own volition and are responsible for compliance with all
applicable laws and regulations, including, without limitation, their local laws and regulations.

12. Representations and Warranties
THE WEBSITE AND THE SERVICES ARE PROVIDED TO YOU ON AN AS IS AND AS
AVAILABLE BASIS FOR YOUR INFORMATION AND PERSONAL USE ONLY. YOUR USE
OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES ARE
PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, PS AUDIO, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT
THAT: (1) ANY CONTENT ON THE WEBSITE OR USED IN CONNECTION WITH THE
SERVICES, INCLUDING USER CREATED CONTENT, IS ACCURATE, RELIABLE, OR
CORRECT; (2) THAT THE WEBSITE AND/OR THE SERVICES WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (3) THAT ANY
DEFECTS OR ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED; OR (4)
THAT THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE WEBSITE OR THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES, OR FOR ANY LOSS
OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY
OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT, THE
WEBSITE, AND/OR THE SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO,
FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT
APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE
ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW
RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY
THIRD PARTIES WHO MAY USE OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT
LIMITED TO, PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT,
DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY
OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE WEBSITE OR THE SERVICES,
INCLUDING ANY FAILURES THAT RESULT FROM ANY THIRD PARTY, INCLUDING ANY
FAILURES OR DISRUPTIONS, UNTIMELY DELIVERIES, SCHEDULED OR UNSCHEDULED,
INTENTIONAL OR UNINTENTIONAL, ON OR THROUGH THE WEBSITE OR THE
SERVICES, OR ANY FAILURES WHICH TEMPORARILY OR PERMANENTLY PREVENT
ACCESS TO THE WEBSITE OR THE SERVICES.

THE AVAILABILITY OF THE WEBSITE AND THE PROVISION OF THE SERVICES IS
CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER TERMS AND
PROVISIONS OF THIS AGREEMENT, THE PRIVACY POLICY, AND THE COOKIE POLICY.
NOTHING CONTAINED IN THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL
BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS
SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of
this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict
with the terms of this Section, then our liability is limited to the smallest extent possible by
law. Specifically, in such jurisdictions, we do not disclaim liability for any liability which it is not
lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT
REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA
RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY
OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE
CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW,
REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE
AFOREMENTIONED RELEASE.

13. Indemnity
You agree to defend, indemnify, and hold harmless PS Audio, its affiliates, licensors, officers,
directors, employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees)
arising from:

1. Your use of and access to the Website and the Services;
2. Your violation of any term of these Terms of Service, the Privacy Policy, or the Cookie
Policy;
3. Your violation of any third party right, including without limitation any intellectual
property, property, or privacy right; or
4. Any claim that your Content caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your use of the
Website and the Services.
You also agree that you have a duty to defend us against such claims and we may require you
to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to
requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the
event of a claim such as one described in this paragraph, we may elect to settle with the
party/parties making the claim and you shall be liable for the damages as though we had
proceeded with a trial.
By uploading your Content to the Website or through the Services, you agree that you have:
a. All necessary licenses and permissions to use and share such Content, pursuant to the
terms of this Agreement; and
b. The rights necessary to grant the licenses required by this Agreement.

14. Third Party Links
We may link to third party websites from the Website or from the Services. Additionally, we
may display affiliate links to third party websites. We have no control over, and are not
responsible for these links, or for third party websites or their use of your personal information.
We do not endorse, recommend, or vouch for the security of such links or third-party websites.
We recommend that you review the terms of service and privacy policies on all third-party
websites before accessing and using such third-party websites.

Additionally, users may be able to post third party links through Content submitted to our
Website or Services. We are not responsible for such links and do not monitor the posting of
such links. Please exercise caution when clicking on such links as they may cause harm to your
devices. We may affiliate posted third party links.

15. Freedom of Speech
The Website and the Services allow users to create and share user-generated Content. We
respect the fundamental right to speak freely. However, this is an online community so please
be respectful and reasonable while communicating with others. While third parties may
independently upload their Content to our Website and Services, we are not liable for any
defamatory Content posted by third parties on the Website or through the Services. The
Website and the Services are passive services that only host Content generated by users, and
we do not alter or produce any Content submitted. Although we may choose to edit or delete
any clearly defamatory or illegal Content, we are not required to do so, and we reserve all
defenses for such speech made available to us by all applicable laws and regulations, including,
without limitation, Directive 2000/31/EC, Section 230 of the Communications Decency Act, as
amended, and by all other applicable statutes, the common law and any laws within applicable
foreign countries, including the EU.

We may use additional technologies or processes to screen for certain types of illegal content
or other abusive content or behavior.

16. Copyright Notices
PS Audio respects the intellectual property rights of others and expects its users to do the
same. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), we will
respond expeditiously to claims of copyright infringement committed using the Website or the
Services if such claims are reported to PS Audio’s Designated Copyright Agent identified
below.

If you are a copyright owner, authorized to act on behalf of a copyright owner, or are
authorized to act under any exclusive right under copyright law, please report alleged
copyright infringements taking place on or through the Website or the Services by completing
the following DMCA Notice (a “Notice”) of Alleged Infringement and delivering it to the
Company’s Designated Copyright Agent.

A DMCA Notice of Alleged Infringement should include the following:
• Identify the copyrighted work that you claim has been infringed, or, if multiple
copyrighted works are covered by this Notice, you may provide a representative list of
the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing (or the subject of infringing activity)
and to which access is to be disabled, including at a minimum, if applicable, the URL or
the exact location where such material may be found.
• Provide your company affiliation (if applicable), mailing address, telephone number,
and, if available, email address.
• Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material
is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury,
that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an
exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all above items included, to the Company’s Designated Copyright
Agent at support@psaudio.com, or at the following address:

Attn: PS Audio Copyright Agent
4856 Sterling Drive,
Boulder, Colorado 80301.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL
PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES.
Please note that this procedure is exclusively for notifying PS Audio that your copyrighted
material has been infringed. The preceding requirements are intended to comply with our
rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal
advice. You may wish to contact an attorney regarding your rights and obligations under the
DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, PS Audio has adopted a policy of
terminating, in appropriate circumstances, accounts of users who are deemed to be repeat
infringers. The Company may also, at its sole and absolute discretion, limit access to the
Website and the Services and/or terminate the accounts of any users who infringe any
intellectual property rights of others, whether or not there is any repeat infringement.
Although the EU does not have a formalized copyright notification procedure, please use the
procedure set forth above if you are a resident of the EU.

17. Consent to Binding Arbitration
Any dispute between you and PS Audio (whether or not such dispute involves a third party),
including without limitation claims arising from your use of the Website, the Services, these
Terms of Use, the Privacy Policy, or the Cookie Policy will be resolved by binding, confidential,
individual arbitration, rather than in court.

Please note that there is no judge or jury in arbitration, and your right to appeal the outcome of
arbitration is limited. An arbitrator can award, on an individual basis, the same damages or
relief as a court, and must follow the terms of this Agreement.

This dispute resolution provision will be governed by the Federal Arbitration Act and will be
conducted under the American Arbitration Association (“AAA”) rules for arbitration of
consumer-related disputes. The AAA’s rules are available at www.adr.org. The award rendered
by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable
costs for expert and other witnesses, and any judgment on the award rendered by the
arbitrator may be entered in a court of competent jurisdiction. The arbitrator will not have
authority to award damages, remedies, or awards that conflict with this Agreement. Each
party will be responsible for paying any AAA filing, administrative and arbitrator fees in
accordance with AAA rules.

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class
member in any purported class, consolidated, or representative proceeding, and, unless we
agree otherwise, the arbitrator may not consolidate more than one person’s claims. If for any
reason a claim proceeds in court rather than arbitration, you agree to waive any right to a jury
trial.

Notwithstanding the foregoing, you or PS Audio may bring suit in court to enjoin infringement
or misuse of any intellectual property rights.

18. Choice of Law; Forum; Jury Trial Waiver
You agree that the laws of the State of Colorado, without regard to principles of conflict of
laws, will govern these Terms of Use and any dispute arising from these Terms of Use or from
your use of the Website or Services. The offer and acceptance of this Agreement shall be
deemed to have occurred in the State of Colorado. The application of the United Nations
Conventions on Contracts for the International Sale of Goods is expressly excluded. For any
action at law or in equity relating to the arbitration provision in these Terms of Use, for matters
not requiring arbitration under these Terms of Use, or if the arbitration provision is deemed
unenforceable, you agree to resolve any dispute arising from these Terms of Use or from your
use of the Website or the Services exclusively in a state or federal court located in Boulder
County, Colorado, and to submit to the exclusive personal jurisdiction of such courts for the
purpose of litigating all such disputes. YOU AND PS AUDIO EXPRESSLY WAIVE YOUR
RIGHT TO A TRIAL BY JURY AND AGREE THAT THE PREVAILING PARTY IN ANY SUCH
ACTION SHALL BE ENTITLED TO COLLECT ITS COSTS AND EXPENSES OF SUCH ACTION
(INCLUDING REASONABLE ATTORNEYS’ FEES) FROM THE NON-PREVAILING PARTY.
Without limiting any provision contained herein, you expressly understand and agree that you
may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff
or a class member in a class, consolidated, or representative action.

19. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be
responsible for, if it is the result of events beyond our control, including, but not limited to, acts
of God, pandemics and other public health emergencies, war, insurrections, riots, terrorism,
crimes, labor shortages (including lawful and unlawful strikes), embargoes, postal disruptions,
communication disruptions, failures or shortages of infrastructure, shortages of materials, or
any other events that are beyond our control.

20. Severability
If a provision of this Agreement is found to be unlawful, conflicting with another provision of
the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it
had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s
operation, PS Audio shall have the sole and absolute right to elect which provision remains in
force.

21. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of
any applicable law. Our non-enforcement of any particular provision or provisions of this
Agreement or any applicable law should not be construed as a waiver of the right to enforce
that same provision under the same or different circumstances at any time in the future.

22. Our Termination and Cancellation Rights
We may terminate or suspend service or your account or any other provision of services to you
at our discretion without explanation and/or notice, though we will strive to provide a timely
explanation in most cases. If you wish to terminate this Agreement or your account, you are
solely responsible for properly canceling your account. All provisions of this Agreement which
by their nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of
liability.

23. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party
without our prior written consent. We may assign our rights and/or obligations under this
Agreement to any other party at our discretion.

24. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will
indicate the date that it was last modified. You may refuse to agree to the amendments, but if
you do, you must immediately cease using our Website and our Service.

25. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or
inquiries about PS Audio must be addressed to our agent for notice and sent via certified mail
to: PS Audio Inc. 4865 Sterling Dr. Boulder, Colorado, 80301.

Lastly, California users are also entitled to the following specific consumer rights notice: The
Complaint Assistance Unit of the Division of Consumer Services of the California Department
of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA
95834, or by telephone at (916) 445-1254 or (800) 952-5210.