TERMS & CONDITIONS AGREEMENT

Welcome to AudioControl.com!

We are glad you have chosen to visit our site. By using our Web site, you are accepting the following terms of use so please read them carefully. The term “AudioControl” or “AudioControl.com” or “us” or “we” or “our” refers to AudioControl, Inc., the owner of the Web Site. The term “you” refers to the user or viewer of our Web Site.

Privacy Policy

At AudioControl, we are committed to your online privacy & security. Please read our Privacy Policy, which is a part of this Agreement and may change from time to time.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

Trademarks

“AudioControl,” “The Epicenter,” “AccuBASS,” and others are our registered trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Errors, Corrections and Changes

We may make changes to the pricing, features, functionality or content of the Site at any time without notice to you. We do not represent or warrant that the product information, pricing, or other information available on or through the Site will be correct, accurate, timely or otherwise reliable. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We reserve the right in our sole discretion to edit or delete any documents, information, prices or other content appearing on the Site.

If you place an order for item(s) that were mispriced, you will be notified by our customer service department in most cases. We apologize for the inconvenience. Please understand that we reserve the right to cancel any order for any reason at any time.

Linking to the Site

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

Registration

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

Third Party Content

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Information and Press Releases

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Forms, Agreements & Documents

We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Disclaimer

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 16(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Limitation of Liability

(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Mountlake Terrace, Washington, and shall be governed by and construed in accordance with the laws of the State of Washington (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 15 and Section 16. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Privacy Policy

Our Commitment to Privacy

We are glad that you have chosen to shop at AudioControl.com. We are committed to protecting your privacy online. This page explains how we collect, use and protect the information that you provide to us. We respect your privacy and intend to give you as much control as possible over your personal information.

 

What Information Do We Collect?

Information That You Provide Us

We accept and store any information that you submit on AudioControl.com or by any other means. For example, you may provide personal information when you place an order, enter a giveaway, request a publication, or contact us. This information may include name, address, phone numbers, email address, credit card and payment information, and other personal information.

Web Site Use Information

We collect and analyze technical information about how customers interact with AudioControl.com including, but not limited to, IP addresses, browser types, operating systems, pages viewed, links, dates and times, and other information.

Cookies

Like many websites, we utilize a standard technology called “cookies” to differentiate you from other shoppers and to store and retrieve information about your interaction with the website, like the items in your shopping cart or wishlist for example.

Email Information and Contact Forms

We may collect, store, and use any information that you submit via email or any of the forms on our website. We may also collect information about email communications such as confirming that an email was opened or which links were clicked.

How We Use Collected Information

We use collected information for the purpose of administering our business activities such as completing and tracking orders, customer service, communicating with customers, administering giveaways and other promotions, customizing the shopping experience, troubleshooting, improving the website design and functionality, and other business uses. From time to time, we may send you promotional messages by mail or email. You will always have the option to opt out of such communications (see below).

We do not intentionally share your information with third parties except as required by law or to facilitate business operations (such as shipping partners and payment processors).

How We Protect Your Information

In order to protect your information, we have put in place appropriate electronic, physical, and procedural safeguards. We utilize standard encryption/security technology to protect data transfer and our information systems are treated with the highest regard for security. In addition, we limit access to customer information to only authorized personnel.

How You Can Review or Correct Your Information

To review or correct your personal information, or to change your communication preferences, please call us at (425) 775-8461. We will be glad to help. You may choose to stop receiving promotional communications at any time. If you have subscribed to any of our email newsletters, you may unsubscribe anytime.

AudioControl is not responsible for the content or practices employed by other websites that are linked to from AudioControl.com. When you use a link to go from AudioControl.com to another website, our privacy policy is no longer in effect.

By using our website you consent to our collection and use of your personal information as described in this Policy. If we change our policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

This policy was last updated on December 23rd, 2014. If you have any questions or concerns about this privacy policy, please call us at (425) 775-8461 or contact us.

Warranty Policy

All AudioControl products are designed and manufactured at our factory located in the Pacific Northwest, USA.. Given our huge commitment to quality, AudioControl comfortably warranties all materials and workmanship on our products for a period of five years from the date of purchase, provided it is installed by an authorized AudioControl dealer. Should you choose to install it yourself, your warranty is one year from the date of purchase from an authorized AudioControl dealer.

A Few Words About Warranties

People are scared of warranties. Lots of fine print. Months of waiting around. Well, fear no more, this warranty is designed to make you rave about us to your friends. It’s a warranty that looks out for you and helps you resist the temptation to have your friend, “…who’s good with electronics”, try to repair your AudioControl product. So go ahead, read this warranty, then take a few days to enjoy your new AudioControl processor before registering the warranty card and comments.

“Conditional” doesn’t mean anything ominous. The Federal Trade Commission tells all manufacturers to use the term to indicate that certain conditions have to be met before they’ll honor the warranty. If you meet all of these conditions, we will warranty all materials and workmanship on your AudioControl product for one year from the date you bought it from an authorized AudioControl dealer (five years if it is installed by an authorized AudioControl dealer). We will fix or replace it, at our option, during that time.

Here Are The Conditional Conditions

  1. You have to go online and register your AudioControl products. Alternatively, you may fill out the Warranty Registration card that came with your product and mail it to us.
  1. You must keep your sales receipt for proof of purchase showing when and from whom the unit was bought. We’re not the only ones who require this, so it’s a good habit to get into with any major purchase.
  1. Your AudioControl products must have originally been purchased from an authorized AudioControl dealer. You do not have to be the original owner, but you do need a copy of the original sales slip.
  1. You cannot let anybody who isn’t: (A) the AudioControl factory; (B) somebody authorized in writing by AudioControl to service your product. If anyone other than (A) or (B) messes with your AudioControl product, that voids your warranty.
  1. The warranty is also void if the serial number is altered or removed, or if your AudioControl component has been used improperly. Now that sounds like a big loophole, but here is all we mean by it. Unwarranted abuse is: (A) physical damage (don’t use it to level your RV); (B) improper connections (120 volts AC into a 12 volt DC power jack can fry the poor thing); (C) sadistic things (your imagination is best kept private).. This is the best product we know how to build, but if you mount it to the front bumper of your car or use it as a counter-weight for your daughter’s trebuchet project, something will go wrong.
  1. If an authorized United States AudioControl dealer installs your component, the warranty is five years.

Assuming you conform to 1 through 6, and it really isn’t all that hard to do, we get the option of fixing your old unit or replacing it with a new one. To initiate a warranty claim, please contact AudioControl and we will issue an RA (Return Authorization) number and provide shipping instructions. Products received at AudioControl without an RA number will be refused.

Legalese Section

This is the only warranty given by AudioControl. This warranty gives you specific legal rights that vary from state to state. Promises of how well your AudioControl component will perform are not implied by this warranty. Other than what we have covered in this warranty, we have no obligation, express or implied. Also, we will not be obligated for direct or indirect consequential damage to your system caused by hooking up your AudioControl component.

Failure to properly register your AudioControl warranty may negate any service claims.

Return Policy

Please contact us to request a return. We deal with return requests on a case by case basis after we have had a chance to troubleshoot the issue. If we are unable to resolve your issue over the phone, you will be given an RA (Return Authorization) number. The RA number will need to be written clearly on the outside of the box you are shipping the product in. Product sent back to AudioControl without an RA number will be refused. Please ensure that the RA number is clearly indicated on the outside of the box so we can efficiently process the authorized return. Thank you!

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