Website Terms of Use

ASBC Inc. – Terms of Use

Effective Date: August 28th 2025

These Terms of Usee set forth a legally binding agreement between you (“you” or the “Client”) and ASBC Inc. (the “Company”) when you visit asbc.us (the “Site”). By visiting the Site, you confirm that you have read and understood these Terms of Usee and agree to be bound by them. If you do not agree, please do not use the Site.

In some instances, both these Terms of Usee and separate terms setting forth additional conditions may apply to specific features or services offered through the Site (“Additional Terms”). To the extent there is a conflict between these Terms of Usee and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.

PLEASE READ THESE Terms of Usee CAREFULLY. THESE Terms of Usee AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING COMPANY’S LIABILITY AND REQUIRING YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS. SEE SECTIONS 3-6.

Use of the Site

Content

The Site may contain (i) materials and other items relating to Company and its Solutions, including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Site; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).

All rights, title, and interest in and to the Site and the Content are the property of Company, its licensors, or certain other third parties and is protected by US and international copyright, trademark, trade dress, patent, and/or other intellectual property laws and unfair competition rights and laws, to the fullest extent possible.

Limited License

Subject to your strict compliance with these Terms of Use, Company grants you a limited, non-exclusive, revocable, worldwide, non-assignable, personal, and non-transferable license to download, display, view, and use the Site, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site or any Content; and (ii) may be immediately suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. Your unauthorized use of the Site or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Restrictions

If you access the Site or request a quotation for any Solutions, you represent you are at least the age of majority in the jurisdiction in which you reside. You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and Content. You further agree that you will not (i) engage in any activity in connection with the Site or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Company; (ii) harvest any information from the Site or Content; (iii) infringe any intellectual property or other right of any third party; (iv) reverse engineer or modify the Site or Content; (v) interfere with the proper operation of the Site or its security features; (vi) use the Site or Content in a manner that suggests an unauthorized association with Company or any other party, or is beyond the scope of the limited license granted to you; or (vii) otherwise violate these Terms of Use.

Reservation of All Rights

All rights not expressly granted to you are reserved by Company and its licensors. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site or Content for any purpose is prohibited.

Obtaining a Quote

Obtaining a Quote from a Store

Company allows Clients to request a quote for certain Solutions that are displayed on the Site. Where the Client makes such a request, a quote will be provided by a Salesperson from one of the Company’s retail stores located in California. For a list of Bang & Olufsen retail stores operated by the Company, please see https://asbc.us/contacts. Any quotation provided by the Company is for informational purposes only and does not constitute an order confirmation, a legally binding offer, or a contract. A quotation does not create any legal obligations on the part of the Company. An order is not deemed accepted, nor does any contract arise, until the Client has placed an order directly with an authorised Company representative, and the Company has confirmed acceptance of such order in writing.

Limited Warranty

The Company does not manufacture the Solutions and, therefore, provides no direct warranty on the Solutions other than as expressly stated herein. Company’s sole warranty obligation is to pass through to the Client any and all transferable warranties provided by the original manufacturer of the Solution (Bang & Olufsen A/S). The Client acknowledges and agrees that the terms, conditions, limitations, and duration of the manufacturer’s warranty for each Solution are solely determined by Bang & Olufsen A/S. The Client is solely responsible for reviewing and understanding the manufacturer’s warranty for each Solution purchased. Information regarding manufacturer warranties can typically be found on the website of Bang & Olufsen A/S: https://www.bang-olufsen.com/en/us/legal/limited-warranty

In the event of a defect covered by the manufacturer’s warranty, the Client’s sole remedy is to pursue a claim directly with the applicable manufacturer in accordance with their specified warranty claim procedures. The Company will, upon request and to the extent reasonably practicable, assist the Company in providing necessary purchase documentation for a manufacturer warranty claim.

No Representation as to the Accuracy of Information on the Website

We strive to describe our Solutions and display as accurately as possible the colors and images of our products; however, we do not warrant that specifications, pricing, or other content is complete, accurate, reliable, current, or error-free.

Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR RELATED TO THE PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH CLIENT’S USE OF THE SITE OR PURCHASE OF ANY SOLUTIONS. THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SOLUTIONS SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY CLIENT FOR THE SPECIFIC SOLUTION GIVING RISE TO THE CLAIM. Except where expressly prohibited by statute, Company shall not be liable for statutory damages in relation to any claim arising out of or relating to the Site, including but not limited to statutory damages otherwise provided under the California Invasion of Privacy Act.

Warranty Disclaimer

THE SITE, THE CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, FREEDOM FROM MALWARE, AND RELIABILITY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless Company and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, made by any third party arising out of or in connection with any of the following: (a) your breach or alleged breach of these Terms of Usee; (b) your use of the of Site; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; or (f) any misrepresentation made by you. Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of the Company.

Dispute Resolution & Class Action Waiver

Applicability

YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND COMPANY (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SITE AND PURCHASES OF ANY SOLUTION.

Dispute Notice and Informal Dispute Resolution

If a dispute should arise between you and Company, we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and Company each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (i) a written description of the problem and relevant documents and supporting information; and (ii) a statement of the specific relief sought. A Notice of Dispute can be mailed to ASBC Inc., 146 Geary San Francisco, CA 94108, USA. You and Company agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Company may commence a lawsuit.

No Class Actions

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

Limited Time to File Claims

ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OR CLAIM ARISES.

Waiver of Jury Trial

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OF USEE OR THE RELATIONSHIP OF THE PARTIES.

Governing Law and Jurisdiction

These Terms of Usee and any disputes arising out of or related to it, including its formation, validity, interpretation, performance, breach, or termination, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The parties irrevocably agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Los Angeles County, California.

Third-Party Sites and Other Information

The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom Company has no control or responsibility. Company has no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available as part of the Site. These other websites are not under Company’s control, and you acknowledge that, whether or not such websites are affiliated in any way with Company, Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of any website by Company or any association with its operators.

Severability; Interpretation; Assignment

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed severed from these Terms of Use, and the remaining provisions shall remain in full force and effect. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms of Use. Company may assign its rights and obligations under these Terms of Use, in whole or in part, to any party at any time without any notice. These Terms of Use may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.

Entire Agreement; No Waiver

These Terms of Use, along with any referenced documents (like the manufacturers’ warranty), forms the complete understanding between the parties, superseding all prior agreements or discussions. Except as expressly set forth in these Terms of Use, (i) no failure or delay by Company in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms of Use will be effective unless in writing and signed by Company.

Investigations; Cooperation with Law Enforcement

Company reserves the right to investigate and prosecute any suspected or actual violations of these Terms of Use. Company may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

Electronic Communications

We may communicate with you electronically in regard to the Site and any Solutions, including by email, and we may collect information related to communications between you and Company. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, your action is intended as an electronic signature which binds you as if you had signed on paper.

Modifications to Terms of Use

We reserve the right to modify these Terms of Use at any time. We will notify you of any changes by posting the revised Terms of Usee on this page and changing the Effective Date. Your continued use of the Site after any changes constitutes your acceptance of the new Terms of Use.

Contact Us

If you have any questions regarding these Terms of Use, please contact us at: n.schwegman@asbc.us.