All Rights Reserved
Steinway Musical Instruments, Inc. (also referred to as the "Company") is pleased to provide you with this Website ("Website") and its content for informational purposes. Please carefully read these Terms and Conditions of Use ("Terms and Conditions of Use") relating to the use of our Website. By using our Website, you agree to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use our Website. We reserve the right to revise these Terms and Conditions of Use or any portion of them at any time without notice by updating this posting. You are bound by any revisions and should periodically visit this page to review the current Terms and Conditions of Use that apply to your use of our Website. If you violate any of these Terms or Conditions of Use, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials.
Throughout these Terms and Conditions of Use, the words "we," "us" and "our" refer to Steinway Musical Instruments, Inc. and all of its business divisions and subsidiaries collectively.
Use of Materials and Intellectual Property Rights
We authorize you to view, copy, and reproduce any of the contents of this Website provided that you agree to and abide by the Terms and Conditions of Use contained herein (and in any separate agreement that you enter into with us).
Intellectual property laws under both United States and international laws protect the materials and the unauthorized use of these materials may violate these laws. You must retain all proprietary notices contained in the original materials on any copy you make of the materials. You may not sell or modify the materials or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. The use of the materials on any other Website or in a networked computer environment for any purpose is prohibited. Nothing on this Website or any of our websites shall be construed as conferring any license under any of our or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. We prohibit the use of our trademark(s), or any related graphic(s), as a "hot link" to any Website unless approved by us.
Links to Third Party Sites
We have provided links to certain third party websites as a courtesy. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites or the products or services of that third party. We do not review or control the content of third party sites and that content is not part of our Website. We expressly disclaim any responsibility for the content of any third party sites linked to our Website or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials on third party websites or the products or services of third parties. We urge you to use discretion when you access any third party sites linked to our Website.
You can review our filings with the U.S. Securities and Exchange Commission ("SEC") by linking directly to the SEC's Electronic Data Gathering, Analysis and Retrieval system, which is known as EDGAR. We have provided links to EDGAR for informational purposes only, and not for trading or investment purposes. We do not guarantee the sequence, accuracy or completeness of any information or data displayed through EDGAR. We will not be liable in any way for: any inaccuracies or errors in, or omission of any such information or data or any delays in the transmission of any such information or data; any actions taken in reliance or any information or data displayed through EDGAR; or any damages resulting from nonperformance, interruption or termination of the information or data, no matter what the cause is of that non-performance, interruption or termination.
We do not assume any duty of disclosure and expressly disclaim any duty to update information set forth in our filings with the SEC, except as may be required by law. The reader should note that our periodic reports filed with the SEC include disclosure of certain factors that may affect our future performance. Individual statements appearing in our SEC filings should be read with and in the context of the complete documents in which they appear and any materials incorporated into those documents by reference rather than as stand-alone statements.
Our Website contains forward-looking statements within the meaning of the Securities and Exchange Act of 1934. These "forward looking statements" represent our present expectations or beliefs concerning future events. We caution that such statements are necessarily based on certain assumptions that are subject to risks and uncertainties. These risk factors include the following: changes in general economic conditions; recent geopolitical events; increased competition; work stoppages and slowdowns; impact of dealer consolidations on orders; the ability of new workers to meet desired production levels; exchange rate fluctuations; variations in the mix of products sold; market acceptance of new instrument product and distribution strategies; ability of suppliers to meet demand; concentration of credit risk; fluctuations in effective tax rates resulting from shifts in sources of income; and the ability to successfully integrate and operate acquired businesses. Further information on these risk factors is included in the Company's filings with the Securities and Exchange Commission.
Disclaimers of Warranty, Liability, and Consequential Damages
We do not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses and other harmful goods. If your use of the Website results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
The information on the Website is provided on an "as is" basis without any express or implied warranties of any kind and, as such, we shall not be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, including without limitation negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Website.
The Website may contain inaccuracies or typographical errors. We will make a good faith effort to update the Website but we do not have a duty to update the Website. Your use of the Website is at your own risk. Changes can be made to the Website at any time.
You agree to defend, indemnify, and hold us, our affiliates, officers, directors, employees and agents harmless from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the materials (including software) or your breach of these Terms and Conditions of Use.
Choice of Law and Jurisdiction
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to any conflict of law provisions thereof. Any action related to these Terms and Conditions of Use shall be brought only in the state courts of and federal courts in the Commonwealth of Massachusetts and all parties waive any objection to the personal jurisdiction of and venue in such courts.
If any provision or part of these Terms and Conditions of Use is held invalid or unenforceable by any court of competent jurisdiction, the other remaining provisions or parts of these Terms and Conditions of Use shall remain in full force and effect.
These Terms and Conditions of Use represent the entire agreement between you and the Company to the subject matter herein and shall not be modified except by the Company as provided herein or through a written document signed by both parties.
These Terms and Conditions of Use were last updated: March 31, 2011.