1. Acceptance of Terms
By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not use the Service.
We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. We will post the revised Terms on this page and update the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically. Material changes may also be communicated by email or by a prominent notice on the Service where we deem it appropriate.
2. Eligibility
You must be at least 18 years of age, or the age of majority in your state, province, or country of residence, to use the Service or to place an order. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.
If you are using the Service on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms. The Service is not intended for use by minors, and we do not knowingly collect personal information from individuals under 18.
3. Your Account
To access certain features of the Service, including placing orders, managing wishlists, or accessing order history, you may need to create an account. When you create an account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials (including your password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate your account at any time, with or without cause or notice, including for violation of these Terms, suspected fraud, or abuse. You may close your account at any time by contacting customer service or through your account settings, subject to our policies regarding outstanding orders or obligations.
4. License and Access
Subject to your compliance with these Terms, AudioVideoNation grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include any resale or commercial use of the Service or its contents; any collection or use of product listings, descriptions, or pricing; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering or extraction tools.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion, including for suspected violation of these Terms or applicable law. We do not guarantee that the Service, or any portion of it, will be available at all times; we may modify, suspend, or discontinue the Service (or any part of it) at any time without notice or liability.
5. Use of the Service; Prohibited Activities
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To impersonate or attempt to impersonate AudioVideoNation, an employee, another user, or any other person or entity.
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm AudioVideoNation or users of the Service.
- To attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service (e.g. through hacking, password mining, or other means).
- To use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
- To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent (including "junk mail," "chain letters," or "spam").
- To use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service.
We reserve the right to investigate suspected violations of these Terms and to cooperate fully with law enforcement authorities in investigating and prosecuting users who violate applicable law. We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.
6. Products, Pricing, and Availability
We strive to display our products and their information (including descriptions, specifications, and pricing) as accurately as possible. We do not warrant that product descriptions, pricing, availability, or other content on the Service is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. In the event a product is listed at an incorrect price or with incorrect information due to an error, we reserve the right to refuse or cancel any orders placed for that product, even if the order has been confirmed and payment has been processed. If payment has been charged for a cancelled order, we will issue a credit to your payment method in the amount of the charge.
All prices are in U.S. dollars unless otherwise indicated. Prices do not include applicable taxes, shipping, or handling unless expressly stated. We reserve the right to modify or discontinue products (or any part of them) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any product.
Inventory availability is subject to change. We cannot guarantee that items displayed as in stock will be available at the time of order processing. We will notify you if an item becomes unavailable after you have placed an order and will offer a refund or alternative as appropriate under our return policy.
7. Orders, Payment, and Billing
Orders
When you submit an order through the Service, you are making an offer to purchase the product(s) and services in your order. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in pricing or product information, suspected fraud, or inability to verify information you provide. Order acceptance and the formation of a contract between you and AudioVideoNation occur when we send you an order confirmation email or when we ship the product(s), whichever occurs first. If we decline your order after payment has been processed, we will refund the amount paid.
Payment
You agree to provide current, complete, and accurate payment and account information for all purchases. You agree to promptly update account and payment information (including payment method and billing address) so that we can complete your transactions and contact you as needed. We use third-party payment processors to process payments. We do not store your full credit or debit card number on our servers; payment data is transmitted and stored in accordance with applicable payment card industry standards. By placing an order, you authorize us to charge your designated payment method for the total amount of your order (including applicable taxes, shipping, and handling). If payment cannot be processed for any reason, we may cancel your order or suspend delivery until payment is received.
Billing
You are responsible for any applicable sales, use, or other taxes imposed on your purchase. Unless otherwise indicated, prices do not include such taxes. If we are required to collect such taxes, they will be added to your order total. For business or resale purchases, you may be required to provide a valid tax exemption certificate or resale permit where applicable.
8. Shipping and Delivery
We ship to the addresses you provide at checkout. You are responsible for ensuring that shipping addresses are accurate and complete. We are not responsible for orders lost or delayed due to incorrect or incomplete address information. Shipping times are estimates and are not guaranteed; actual delivery may vary depending on carrier, destination, and other factors. Risk of loss and title for items pass to you upon delivery to the carrier. We may use third-party carriers for shipping; delivery may be subject to the carrier's terms and conditions.
We reserve the right to ship orders in one or multiple shipments. If your order is shipped in multiple packages, you may receive separate tracking information for each package. We are not liable for any delay or failure to deliver due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or failures of carriers or suppliers.
9. Returns, Refunds, and Exchanges
Our return and refund policies are described on our website and in order confirmation communications. By placing an order, you agree to those policies. Generally, you may return most new, unopened items within a specified period (e.g. 30 days) of delivery for a full refund or exchange, subject to certain conditions and exclusions. Open box, refurbished, clearance, and certain other items may be subject to different return terms; such terms will be disclosed at the time of purchase or on the product page. Items must typically be in original condition and packaging. We may require a return authorization before you ship an item back. Refunds will be issued to the original payment method after we receive and inspect the returned item; processing may take several business days.
We reserve the right to refuse returns or to charge restocking fees for items that do not meet return conditions or for items that are excluded from return. If you receive a defective or incorrect item, please contact customer service promptly; we will work with you to resolve the issue, which may include replacement, repair, or refund as appropriate.
10. Warranties and Product Information
Manufacturers' warranties may apply to products you purchase; such warranties are between you and the manufacturer unless we expressly state otherwise. We do not modify or extend manufacturer warranties. For open box, refurbished, or used items, warranty terms may differ and will be disclosed at the time of purchase. Product specifications and performance descriptions are based on information provided by manufacturers or other sources; we do not warrant that such information is accurate or complete. You are responsible for determining that products are suitable for your intended use.
11. User Content
The Service may allow you to submit content, including product reviews, ratings, questions, comments, and other materials ("User Content"). You retain ownership of User Content you submit, but you grant AudioVideoNation a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the Service and our business. You represent and warrant that you own or control all rights in the User Content you submit and that such content does not violate these Terms or any third party's rights.
We reserve the right to remove or edit User Content at any time for any reason, including if we believe it violates these Terms or is otherwise objectionable. We do not endorse and are not responsible for any User Content. You use User Content at your own risk. We may use your reviews, with or without attribution, in marketing and on the Service.
12. Intellectual Property
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by AudioVideoNation, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service without our prior written consent, except for your own personal, non-commercial use. You may not use any meta tags or other hidden text utilizing "AudioVideoNation" or any other name, trademark, or product or service name without our prior written permission.
The AudioVideoNation name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AudioVideoNation or its affiliates. You may not use such marks without our prior written permission. All other names, logos, and marks on the Service are the property of their respective owners.
13. Disclaimer of Warranties
THE SERVICE AND ALL INFORMATION, CONTENT, AND MATERIALS ON OR ACCESSED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AUDIOVIDEONATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ACCURACY.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the above exclusions may not apply to you to the extent required by law.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUDIOVIDEONATION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO AUDIOVIDEONATION IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100). THE FOREGOING LIMITATION SHALL APPLY WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
15. Indemnification
You agree to indemnify, defend, and hold harmless AudioVideoNation and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or resulting from (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party right, including any intellectual property or privacy right, (d) any User Content you submit, or (e) any claim that your use of the Service caused damage to a third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims.
16. Dispute Resolution and Governing Law
These Terms and any dispute or claim arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts and waive any objection to venue.
To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. We and you each waive any right to a jury trial in any proceeding arising out of or related to these Terms or the Service.
17. General Provisions
Entire Agreement. These Terms, together with the Privacy Policy and any other policies or guidelines posted on the Service, constitute the entire agreement between you and AudioVideoNation regarding the Service and supersede all prior agreements and understandings.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.
Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
Force Majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Headings. Section headings in these Terms are for convenience only and have no legal or contractual effect.
18. Contact Us
If you have questions about these Terms or the Service, please contact us:
AudioVideoNation
123 Tech Avenue, Suite 500
San Francisco, CA 94105
Email: legal@audiovideonation.com
Phone: (800) 581-6868