Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
D2A, the D2A dot logo, Designed 2 Amaze!, Sound Emergence and Radiance, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website (if any) are the trademarks of their respective owners.
Additionally, you agree not to:
The Website may contain blogs or other interactive features (collectively, “Interactive Services”) that allow users to post comments or to submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly a your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Without limiting the generality of the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This Website is operated by D2A Audio LLC.
All notices, feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@d2aAudio.com.
D2A Audio LLC, a California limited liability company (the “Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website d2aAudio.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
It does not apply to information collected by:
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information (personal or otherwise) to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use this Website in any way. This means you must not provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use). If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us immediately by email to email@example.com.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
We collect or may collect this information:
Information You Provide to Us. The information we collect on or through our Website may include:
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, such as comments to blogs or other information posted on our Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom your User Contributions may be shared or to whom your User Contributions may be visible. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
Some content or applications, including payment processing, on the Website are served by third-parties. These third parties may use tracking technologies such as cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may also disclose your personal information:
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
TERMS AND CONDITIONS OF SALE
(INCLUDING ONLINE SALE) OF GOODS AND SERVICES
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM D2A AUDIO LLC, INCLUDING BUT NOT LIMITED TO PLACING AN ORDER ON D2AAUDIO.COM, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM D2A AUDIO LLC OR FROM D2AAUDIO.COM IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH D2A AUDIO LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
INTRODUCTORY PROMOTION TERMS AND CONDITIONS
The following Introductory Promotion Terms and Conditions apply to the purchase and sale of products and services from D2A Audio LLC and/or d2aAudio.com during the Promotion Period (defined below). These additional terms are referred to as the “Promotion Terms” and are in addition and subject to our standard Terms as defined and described below. Without limiting the generality of the foregoing, orders made during the Promotion Period (defined below) are subject to acceptance by us in accordance with Section 2 of the standard Terms. In the event of any conflict between the Promotion Terms and the standard Terms, the standard Terms will prevail.
Promotion Subject to End At Any Time Without Notice. The Promotion Terms will apply only until D2A Audio LLC determines, in its sole discretion, to terminate the Promotion Terms (such period of time, the “Promotion Period”). The Promotion Terms and the Promotion Period are subject to end at any time without notice at the sole discretion of D2A Audio LLC for any reason or no reason. Orders received by D2A Audio LLC after the Promotion Period will not be eligible for any discounts or other benefits of the Promotion Terms, and sales of products in connection with such orders will be governed only by our standard Terms.
Promotion Subject to Change At Any Time Without Notice. We may change the Promotion Terms at any time without notice, including by eliminating some or all of them, by increasing or decreasing the percentage discount applicable, by adding additional discounts or changing how they are calculated, or in other ways. Any such changes will be reflected in changes to these Promotion Terms, and will apply only to orders or other actions taken after the posting of such changes to the Site (as defined below) and will not apply to sales of products ordered before the posting of such changes to the Site.
5% Subscriber Discount. If you (1) subscribe to our Website by providing us with your valid email address and (2) order a D2A™ Radiance™ portable sound system within 6 months after product availability, you will be eligible to receive a 5% discount off the then-existing regular purchase price (excluding shipping and handling charges or applicable taxes) for one product at the time of your order (“Subscriber Discount”). We will communicate product availability to you by email to the address you provide to us. Limit one Subscriber Discount per purchaser. Subscriber Discount does not apply to shipping and handling charges or applicable taxes.
Additional 10% Discount for Early Orders (when available). If (1) we have announced the availability of this additional Early Order Discount, (2) you place your order before we give notice of product availability and (3) you pay a $50 deposit per unit ordered, you will receive an additional 10% discount off the then-existing regular purchase price (excluding shipping and handling charges or applicable taxes) for up to two D2A™ Radiance™ portable sound systems at the time of your order (“Early Order Discount”), for a total discount of 15% off the first product ordered (including the Subscriber Discount). Limit two Early Order Discounts per purchaser. Early Order Discount does not apply to shipping and handling charges or applicable taxes. $50 deposit will be applied to the purchase price of product but otherwise is non-refundable for any reason except in connection with a product return in accordance with Section 5 of the Terms (Returns and Refunds) or in connection with a warranty claim in accordance with Section 6 of the Terms (Limited Warranty).
Additional 5% Discount for Introducing a Friend Who Purchases a Product. If (1) you introduce one or more friends to D2A Audio by providing us with their valid email address(es), and (2) any one of them purchases a D2A™ Radiance™ portable sound system within 6 months of product availability, you will be eligible to receive an additional 5% discount off the then-existing regular purchase price (excluding shipping and handling charges or applicable taxes) for one D2A™ Radiance™ portable sound system at the time of or your order (“Friend Discount”), for a total discount of up to 20% off the first product ordered (including the Subscriber Discount and/or the Early Order Discount, each as applicable). Limit one Friend Discount per purchaser (regardless of how many friends purchase) and per introduced friend (i.e., if two or more purchasers introduce us to the same friend, only the first purchaser to order will receive a Friend Discount if the friend purchases within 6 months of product availability). If an introduced friend purchases within 6 months of product availability, but after the introducing purchaser has completed a purchase, we will issue the applicable refund to the introducing purchaser by check mailed to the postal address of record provided by the introducing purchaser at the time of purchase. All such refunds will be made by check regardless of the method of original payment. The introducing purchaser is responsible for communicating to us any change of email or postal address.
20% Maximum Discount. Notwithstanding any other provision in these Promotion Terms, in no circumstances will any single purchaser be eligible to receive a discount greater than 20% off the purchase price of any D2A™ Radiance™ portable sound system applicable to such purchaser, excluding shipping and handling charges and applicable taxes. Regular purchase prices are subject to change without notice in accordance with the Terms.
STANDARD TERMS AND CONDITIONS OF SALE
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services from D2A Audio LLC, including but not limited to the purchase and sale of products and services through d2aAudio.com (the “Site”). These Terms are subject to change by D2A Audio LLC, a California limited liability company (referred to as “D2A Audio”, “us”, “we”, or “our” as the context may require), without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any product or services that are available through the Site. Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between D2A Audio and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing us at email@example.com.
3. Prices and Payment Terms.
(a) All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your order confirmation email. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Paypal as well as Visa, Mastercard and Discover cards for all purchases. You represent and warrant that (i) any credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of products to the carrier. Unless otherwise indicated in an order confirmation email or otherwise, we expect to ship within two business days after receiving your order. This and all other shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds.
Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs and 15% restocking fee, provided such return is made within 30 days of delivery and provided such products are returned in their original condition and together will all original packaging and package contents. To return products, you must email firstname.lastname@example.org to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number. Any refunds will be paid by check, regardless of the method used to purchase the product.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 15% restocking fee.
Refunds are processed within approximately 10 business days of our receipt of your merchandise. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE.
6. LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.D2AAUDIO.COM/WARRANTY AND MAY ALSO BE INCLUDED IN DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
SUBJECT TO THE OTHER TERMS AND CONDITIONS OF THIS LIMITED WARRANTY, WE WARRANT THAT, DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
SUBJECT TO THE OTHER TERMS AND CONDITIONS OF THIS LIMITED WARRANTY, WE ALSO WARRANT THAT, DURING THE WARRANTY PERIOD, SERVICES PURCHASED FROM THE SITE (IF ANY) WILL BE PERFORMED IN A WORKMANLIKE MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION AND REMEDIES OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR PRODUCTS THAT DO NOT COMPLY WITH THIS LIMITED WARRANTY IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR DISTRIBUTORS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. This limited warranty does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of any service. Also, this limited warranty does not extend to any purchaser of products from any website other than the Site (such as Amazon or Ebay), regardless of whether or not the products purchased are in new condition.
(b) What Does This Warranty Cover?
This limited warranty covers, during the Warranty Period (as defined below), defects in materials and workmanship in products and services purchased from the Site.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages resulting from or related to:
(iii) improper use;
(iv) failure to follow the product instructions or to perform any preventive maintenance;
(vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us;
(vii) unauthorized repair;
(viii) unauthorized opening of the product case, removal, tampering or adjusting (except in accordance with product documentation provided by us) the product, or attempting to do any of the foregoing;
(ix) normal wear and tear; or
(x) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d) Differences in Natural Materials and Minor Design Variations Excluded From Warranty
Products purchased from the Site may exhibit differences in appearance, as compared to the appearance of products featured on the Site, or as compared to other individual products purchased from the Site, which differences are attributable to naturally occurring differences in natural materials such as wood or leather. For example, the wood and/or leather used to make one product may be different in color or texture than that used to make a different product, or than that used to make a product featured on the Site. All such differences are expected and intentional aspects of the products and are not defects in materials or workmanship. Accordingly, this limited warranty does not cover claims to the extent relating to such differences.
In addition, some product features may include minor variations in design from product to product, or among batches of products, that do not affect the product’s performance or overall design appearance. This limited warranty does not cover claims to the extent relating to such differences.
(e) What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one year (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(f) What Are Your Remedies Under This Warranty?
With respect to any Products that do not comply with this Limited Warranty during the Warranty Period, we will either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. The choice of whether to repair or replace the product, or refund the purchase price, will be made by us in our sole discretion. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
With respect to any services that do not comply with this Limited Warranty during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
(g) How Do You Obtain Warranty Service?
To obtain warranty service, you must email email@example.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.
(h) Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(i) What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
8. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
10. Dispute Resolution and Binding Arbitration.
(a) YOU AND D2A AUDIO LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) WAIVER OF CLASS ARBITRATION. YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER YOU NOR D2A AUDIO LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
You may elect to opt out of this Waiver of Class Arbitration if you provide us with written notice of your intention do so within 60 days of your purchase.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of D2A Audio LLC.
13. No Third Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact by email to firstname.lastname@example.org. We may update the addresses for notices to us by posting a notice on the Site.