Terms and conditions
These terms and conditions (“Terms and Conditions”) apply to the use of the Thenaudio website located at thenaudio.com and all other websites that post a link to these Terms and Conditions (collectively, the “Site”) such as fulfillment site Amazon.com by Thenaudio affiliates worldwide (“Thenaudio,” “we,” “us” or “our”).
Thenaudio reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of the Site following the posting of any changes will mean that you have accepted and agreed to the changes.
2. Content and Limitations on Use
All content contained on or accessed from the Site, including products, software, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Thenaudio or its licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws.
You may print or download Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.
You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
Unless expressly authorized by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person’s use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any Thenaudio server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.
You may not use the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Thenaudio may at any time exercise editorial control over the Content of the Site.
You may not, without the approval of Thenaudio, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example, (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
3. Rights and Permissions
Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Thenaudio published works, images or other material should be directed to Thenaudio at email@example.com.
We do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Site, including but not limited to any blog pages, message boards, chat rooms and forums, for review by the general public, registered users of the Site or by the members of any public or private community (“Submission”) and we are not responsible for their content, accuracy or compliance with relevant laws or regulations. However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you grant us and sub-licensees a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to display, publish and otherwise use your Submission in any format in connection with the operation of our respective businesses (including, without limitation, the Site). We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.
We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.
4. Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services, to specific portions or features of the Site, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Site, for any service offered on or through the Site, or set forth in an institutional subscription or license agreement, the latter terms shall control with respect to your use of that portion of the Site, the specific service or the subscribed or licensed product.
5. Payment Processing
You expressly understand and agree that Thenaudio shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe and PayPal. You agree that Thenaudio shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe and PayPal.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe and/or PayPal. Thenaudio is not liable for loss or damage from errant or invalid transactions processed with Your Stripe and PayPal accounts. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You understand that Thenaudio uses the Stripe and PayPal API to run the Service and that either API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Thenaudio liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe and/or PayPal may cause to your Stripe account, your PayPal account, your Thenaudio account, or your business.
You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or PayPal and/or your Thenaudio account.
The Site may contain links to third-party sites or resources. Thenaudio is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Thenaudio. Because Thenaudio is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
Thenaudio welcomes links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Thenaudio. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Site without prior written consent of Thenaudio.
6. Systems Reliability
Thenaudio aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, Thenaudio shall not be liable for lost altered, or corrupted information or non-availability of the Site.
Neither Thenaudio nor its suppliers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that any defects will be corrected; that the Site, including the server that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Site.
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH THENAUDIO DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE AND ITS CONTENT, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
To the extent permitted under applicable law, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL THENAUDIO OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR ITS CONTENT, PRODUCTS OR SERVCES, OR SHALL THE LIABILITY OF THENAUDIO OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Thenaudio does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Site or incorporated in the Content, products or services contained on, accessible from or distributed through the Site.
You hereby agree to indemnify and hold Thenaudio, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising out of or in connection with your use of or inability to use the Site or its Content, products or services.
You agree to comply with all relevant local, state, national and international laws, statutes, ordinances and regulations that apply to your use of the Site and its Content, products and services. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
All matters relating to your access to or use of the Site, including all disputes, shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflicts of law principles. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in the Palm Beach County, Florida, USA. You acknowledge and agree that any claim arising out of or in connection with your use of or inability to use the Site or its Content, products or services must be brought within one (1) year after the event or such claim is barred.
We hope you will be pleased with your purchase. We are dedicated to working with you and supporting your setup questions to maximize the enjoyment from our products. Should you wish to return anything bought from us, we will be happy to refund or exchange a product provided it is in a fully resalable condition and returned within the return window defined below.
To request an RMA, please contact firstname.lastname@example.org within 15 days after you have received the product. Any returns accompanied without an RMA number issued by us will be declined. After receiving the RMA, the material must be shipped back to us within 15 days. Any return requests beyond the 15-day test period will be declined.
All returned items must be in original and undamaged condition. If we find that the product has not been returned us in fully resalable condition, we reserve the right to refuse a refund on the item or charge a restocking fee up to 15%. To cover the PayPal/Stripe nonrefundable processing fees we always deduct a minimum 5% restocking fee on all returns. All shipping charges related to the purchase and return will be handled by the customer and not refunded.