This Terms of Use Agreement (“Terms”) applies to use of the Audio Supply, Inc website.
Before you make a purchase, you will click “I understand, acknowledge & agree to be bound by Audio Supply, Inc’ Terms & Conditions”.
Audio Supply, Inc reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check the Terms for changes. Your continued use of the Site following the posting of changes will mean that you accept & agree to the changes. You agree that all subsequent purchases by you will be subject to the terms & conditions of the Terms, which shall apply until we post a modified Terms of Use & then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use & any such modifications, Audio Supply, Inc grants you (“End User”) a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter & use the Site.
1. Content, Copyright & Trademark Notice.
All text, images, graphics, user interfaces, photographs, trademarks, logos, artwork & other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, & coordination of such content on the Site is owned or licensed by or to Audio Supply, Inc, & is protected by copyright & trademark laws, & various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site & no content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the content. Audio Supply, Inc disclaims all responsibility & liability for uses by you of any content obtained on or in connection with the Site.
2. Use of Site.
You agree to provide Audio Supply, Inc with accurate, current & complete information about yourself & your billing information as prompted by the checkout process. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that Audio Supply, Inc may, in its sole discretion & without notice to you, terminate your access to the Site for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Audio Supply, Inc will not be liable to you or to any third party for termination of your access to the Site.
3. Consent To Collection, & Use of Personal Information.
As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, & make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy & consent to the collection, use & disclosure of your Personally Identifiable Information & Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy’s terms & conditions will change from time to time, & as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases. While Audio Supply, Inc takes security very seriously and follows protocol to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, & we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall Audio Supply, Inc or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, & also regardless of whether Audio Supply, Inc was given actual or constructive notice that damages were possible.
4. Consent To Our Communication With You By E-Mail.
Each time you make a purchase through our Site, you grant permission for Audio Supply, Inc to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us or follow the opt-out procedures set forth in such marketing emails.
5. Conditions of Sale & Payment Terms.
Prior to the purchase of any goods or services on our Site, you may need to provide us with a valid credit card number & associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration & (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products & services are final. All charges from those sales are non refundable.
6. Methods of Payment, Credit Card Terms & Taxes.
All payments must be made by VISA, MasterCard, American Express, Discover, Money Order, & PayPal. Your card issuer agreement governs your use of your designated card, & you must refer to that agreement & not this Terms of Use to determine your rights & liabilities as a cardholder. You agree to pay all fees & charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Audio Supply, Inc of any discrepancies within thirty-one (31) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Audio Supply, Inc does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Audio Supply, Inc or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Audio Supply, Inc shall automatically charge & withhold the applicable sales tax for orders to be delivered to addresses within the state of Illinois & any other states or localities that it deems is required.
7. Order Acceptance.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Audio Supply, Inc reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Audio Supply, Inc upon shipment of products or performance of services that you have ordered, as indicated by our servers. Title to goods passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit & fraud avoidance department. We may require additional verifications or information before accepting any order.
8. No Responsibility To Sell Mispriced Products Or Services.
We are not responsible for typographical, technical, or descriptive errors of products herein. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.
- We correct pricing errors when we discover them.
- Incorrect prices sometimes appear on our Site, despite our best efforts.
- When the correct price of a product is less than our stated price, we charge the lower amount when dispatching the product to you.
- When the correct price of a product is higher than our stated price, at our discretion, we will contact you for instructions before dispatching the order, or reject the order and notify you of such rejection.
- If a pricing error is reasonably obvious and unmistakable, we are under no obligation to provide the product to you at the incorrect (lower) price, even after we send you an Order Confirmation or Shipping Confirmation.
9. Service & Support for Goods Sold.
Requests for technical service & support can be made directly to the manufacturer or to Audio Supply, Inc in accordance with your terms & conditions.
10. Indemnification.
You agree to indemnify & hold harmless Audio Supply, Inc & its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors & employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.
11. Disclaimer of Warranties.
The site, products, services, content, software, artwork, data, & information are provided “as is.” All of Audio Supply, Inc’ physical products are guaranteed against material defects as long as the respective manufacturer warranty applies from the date of invoice by the manufacturer.
12. Fraudulent Charge-Back Policy
If you issue a charge-back with your credit card company, or file a dispute with PayPal for an order that you placed with Audio Supply, Inc, you will be permanently banned from the use of the website & you will be charged a $50.00 fee upon reversal of the charge-back to cover our investigative expenses to prove that you made the purchase and any additional expenses incurred during the legal process. It is the policy of Audio Supply, Inc to report all forms of PayPal, Credit & Debit Card fraud to the appropriate legal authorities, regardless of country of origin, & to prosecute individuals and/or companies that commit PayPal, Credit & Debit Card fraud by means of charge-backs, use of fraudulent PayPal, Credit & Debit Cards or other forms of fraud. Audio Supply, Inc considers the PayPal, Credit & Debit Card charge-backs for products ordered & shipped to be prima fascia evidence of Theft. Payment of the fee under this provision shall not prevent Audio Supply, Inc from seeking to obtain other legal remedies, both civil & criminal, including but not limited to, other expenses, damages, court costs, attorneys fee’s & statutory interest.