1. Acceptance of Terms
These Terms of Use constitute an agreement between you and Fargo Sound concerning your access to and use of this website, including its content, features, forms, and related online services. By accessing or using the website, you acknowledge that you have read, understood, and agree to these terms and our Privacy Policy.
If you do not agree to these terms, you must not access or use the website.
2. Eligibility
You must be at least 18 years old and legally capable of entering into binding agreements to use this website for transactions or service requests. If you use the website on behalf of a company, organization, venue, or other entity, you represent that you have authority to bind that entity to these terms.
3. Permitted Website Use
Fargo Sound grants you a limited, non-exclusive, non-transferable, and revocable right to access and use this website for lawful personal or business purposes related to learning about, requesting, or purchasing our products and services.
You are responsible for providing the devices, software, connectivity, and other resources necessary to access the website. You must ensure that information you provide through the website is accurate, current, and complete.
4. Prohibited Conduct
You may not use the website to:
- Violate any applicable law, regulation, court order, or third-party right.
- Submit false, misleading, fraudulent, defamatory, abusive, or unlawful information.
- Impersonate another person or misrepresent your identity, authority, or affiliation.
- Introduce malware, viruses, malicious code, or other harmful technology.
- Attempt to gain unauthorized access to the website, servers, networks, accounts, or data.
- Interfere with the operation, availability, integrity, or security of the website.
- Use automated tools to scrape, copy, index, monitor, or extract website content without prior written permission.
- Copy, modify, distribute, sell, license, or commercially exploit website content except as expressly authorized.
- Use the website in a manner that could damage Fargo Sound or impose an unreasonable burden on its systems.
5. Quotes, Availability, and Transactions
Website descriptions, packages, inventory listings, prices, and availability are provided for general informational purposes and may change without notice. Submitting a quote request, inquiry, or order does not create a binding agreement or guarantee availability.
A transaction becomes binding only when Fargo Sound confirms it and the parties satisfy any applicable requirements, which may include signing a separate agreement, approving a proposal, paying a deposit, or providing requested documentation.
Unless expressly stated otherwise in a written agreement, estimates and quotes may be revised based on scheduling, availability, event requirements, labor, transportation, taxes, fees, site conditions, or requested changes.
6. Rental, Sale, and Service Terms
Equipment rentals, equipment sales, installations, event production, technical support, and other services may be governed by additional written terms, including rental agreements, proposals, invoices, payment terms, cancellation policies, damage provisions, and venue requirements.
If these Terms of Use conflict with a separately signed agreement covering a specific transaction, the signed agreement will control with respect to that transaction. Website content does not modify or replace any executed agreement.
7. Intellectual Property
The website and its text, graphics, logos, images, videos, audio, layout, design, software, and other content are owned by Fargo Sound or its licensors and are protected by intellectual property and other applicable laws.
You may view and print reasonable portions of the website solely for your own lawful, non-commercial reference or to evaluate Fargo Sound products and services. No other right or license is granted. Fargo Sound names, logos, and branding may not be used without prior written permission.
8. User Submissions and Communications
When you submit event details, equipment requirements, feedback, files, messages, or other materials through the website, you represent that you have the right to provide them and that they do not violate any law or third-party right.
You grant Fargo Sound permission to use, reproduce, and share your submissions as reasonably necessary to respond to your request, prepare a quote, perform services, process a transaction, comply with law, and operate our business. Personal information is handled as described in our Privacy Policy.
Unless Fargo Sound has agreed otherwise in writing, do not submit confidential, proprietary, sensitive, or restricted information through general website forms or email.
9. Third-Party Links and Services
The website may link to or incorporate websites, platforms, payment processors, maps, social networks, fonts, analytics, or other services provided by third parties. Fargo Sound does not control or endorse these services and is not responsible for their availability, content, security, policies, or practices.
Your use of third-party services is governed by the terms and policies of the applicable provider and is at your own risk.
10. Disclaimers
To the fullest extent permitted by law, the website and all website content are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.
Fargo Sound does not warrant that the website will be uninterrupted, secure, error-free, current, complete, or free of harmful components. We make reasonable efforts to present accurate information but do not guarantee that descriptions, pricing, specifications, inventory, or availability will always be accurate or complete.
Website content is provided for general information only and is not legal, financial, safety, engineering, or other professional advice.
11. Limitation of Liability
To the fullest extent permitted by law, Fargo Sound and its owners, employees, contractors, suppliers, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, revenue, data, business opportunities, or goodwill, arising from or related to your use of or inability to use the website.
To the fullest extent permitted by law, Fargo Sound’s total liability for claims arising solely from these Terms of Use or use of the website will not exceed one hundred U.S. dollars ($100). This limitation does not alter liability established under a separate written agreement for rental, sales, production, or other services.
Some jurisdictions do not permit certain exclusions or limitations, so portions of this section may not apply to you.
12. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Fargo Sound and its owners, employees, contractors, and representatives from claims, damages, losses, liabilities, judgments, costs, and expenses, including reasonable attorneys’ fees, arising from your misuse of the website, violation of these terms, violation of law, or infringement of another party’s rights.
13. Governing Law and Disputes
These Terms of Use are governed by the laws of the State of North Dakota, without regard to conflict-of-law principles. Subject to any controlling law or separate written agreement, disputes relating to these terms or the website must be brought in a state or federal court of competent jurisdiction located in North Dakota, and you consent to the jurisdiction of those courts.
Before filing a claim, you agree to contact Fargo Sound and make a good-faith effort to resolve the dispute informally.
14. Changes, Suspension, and Termination
Fargo Sound may update these Terms of Use periodically. Revised terms will be posted on this page with an updated effective date. Your continued use of the website after revised terms become effective constitutes acceptance of those terms.
We may modify, suspend, restrict, or discontinue any part of the website at any time without notice. We may also block or terminate access if we reasonably believe a user has violated these terms, created a security risk, or engaged in unlawful or harmful conduct.
If any provision of these terms is found unenforceable, it will be modified or limited to the minimum extent necessary, and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of that provision.