The following terms and conditions (the "Terms," “Agreement”) outlined herein constitute a legally binding agreement between you and Naxa Electronics Inc., its subsidiaries, affiliates, partners, representatives, and officers, who own and operate the website at https://www.victoraudio.com (collectively referred to as "Victor Audio," "us," "we," or "our") and govern your access, use of and purchase of products from the Victor Audio website at https://www.victoraudio.com and any Victor Audio’s brand application and other platforms (collectively, the “Service”), that may be made available to you for your access to the services that we offer.
By visiting our Service and/or purchasing something from us, you hereby agree to be bound by the Terms herein as it applies to your purchase or use of any products offered on the Service. By accessing and/or using the Service, you represent and warrant that you can enter into the agreement and abide by all of the terms and conditions set forth herein. You may not access or use this website, subscribe to our newsletter or accept this agreement unless you agree with the terms herein. If you do not agree with all provisions of this agreement, please do not access and/or use the Service, sign up for our newsletter, or purchase products through the Service.
We are only willing to provide the Service to parties that have accepted all the terms and conditions herein these Terms. Please, read these Terms and any additional terms applicable to your use of the Service or the Services before using it.
By accessing or using the Services either as a registered user or not, you confirm your agreement to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
- 1. Changes to this Agreement
We may modify these Terms at any time, at our sole discretion as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Service (“Amendment Notice”) or through other communications such as the email address registered in your account. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Service, you are indicating to us that you agree to be bound by the modified Terms.
The contents of this website may include technical inaccuracies or typographical errors. We may publish changes to the contents at any time without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described herein at any time without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this Service, you agree to be bound by any such revisions.
Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
- 2. Account: registration and acceptance
In order to access and use certain features of the Services, you may be required to create and maintain a user account ("Account"). To create an account, you will be required to choose a username and specify a password.
By creating an account, you are expected to provide us with accurate and complete registration information (including but not limited to your email address and/or mobile telephone number, and payment information,). You may also be required to provide some more information from time to time and you agree to provide Victor Audio with such information as may be required of you from time to time. You will also keep your registration information accurate and up-to-date.
You agree that you shall not impersonate or misrepresent your identity with any person or entity, including by using another person's login, password, or other account information without authorization from such person or entity.
You are solely responsible for maintaining the privacy of your password and account, and you are solely responsible for all activity conducted via your account by you or by anyone who uses it. You agree to keep your password secure at all times. You must notify us immediately if you believe that your account password has been compromised.
We will not be responsible to you or any other party for any loss that may arise from the unauthorized use of your account, whether with or without your knowledge. You also agree to indemnify and hold us harmless for any losses incurred by us or any other party as a result of someone else making use of your account as a result of your failure to safeguard your account.
- 3. Intellectual property, copyrights and trademarks
Intellectual property: All the content included on our service, including, but not limited to, images, illustrations, text, scripts, graphics, audio clips, video clips, and other interactive features made available to you on the Service, logos, trademarks, and service marks contained herein, are owned by us. Other service marks, logos, and names on this Service are the property of their respective owners. Any use of the Service or the contents made available to you on the Service other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by us at any time without notice and with or without cause.
Permitted use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Service subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service.
- 4. Product description, availability, and pricing
- Product Description: We make reasonable attempts to ensure that product descriptions are as accurate as possible. Also, while we have made reasonable attempts to accurately describe the products and display the colors accurately, the actual colors you see will depend on your monitor or mobile device and may not be accurate as intended by us. We do not accept liability for any loss of whatsoever nature or howsoever caused, arising directly or indirectly from the use of or reliance upon our Service or any of the information it contains. Your sole remedy for a product not as described is to return it in unused condition.
- Product Availability: We put in our best endeavors to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However, you acknowledge that in some cases this is not possible and we may need to reject an order you have placed for a product where we establish that it is actually unavailable for delivery. In such case, we will refund in full all amounts you paid in respect of such unavailable product.
- Product pricing: Although we make reasonable attempts to provide accurate pricing information about the products listed on our website; typographical errors and pricing mistakes may occur in pricing. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update price information and other information at any time without prior notice; including after you have submitted your order.
- Product warranty: To the extent possible, we shall extend to you as a buyer the applicable warranty on all available products. However, you understand that warranty duration varies by product and only products found to be defective within the applicable manufacturer’s warranty period can be accepted by us for manufacturer’s warranty repair or exchange.
- Order and Order Limitations: In our sole discretion, we reserve the right to refuse or cancel an order for any reason including errors in product pricing information, to avoid fraud, and to limit the quantities of any product that may be purchased on a per order or per person basis. By placing an order for products, you accept to pay for the products including applicable taxes and all shipping, and handling charges.
- 5. Payment, tax, delivery of order and risk of loss
- Payment: The total cost of your order and/or purchase shall be displayed to you on the checkout page. We must receive payment in advance before processing your order unless otherwise agreed in advance in writing. Payment for purchases on the website can be made using most major credit or debit cards, PayPal and other online payment methods made available to you at the checkout page. If you make use of a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorized to use. All credit/debit cardholders may be subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and, we are not obliged to inform you of the reason for the refusal.
- Tax: We will add applicable sales/use tax on orders as may be necessary. The total price of your order is inclusive of any applicable tax.
- Order fulfillment and shipping: If you order Products for delivery then the terms that apply to that delivery will depend upon the product(s) that you order, the delivery address and the delivery method you select. Please see our Order Fulfillment and Shipping policies for more information about our order fulfillment and shipping practices.
- Order cancellation: To cancel an order, go to your order page and select the items you want to cancel. Order will not be cancelled if the products have left our facility and are handed over to the shipping company. For more information about cancellation, please see our Return and Exchange policy.
- User representation and acceptable use
You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
Although we are committed to providing a safe user experience, we do not guarantee that the Service, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree, undertake and confirm that your use of the Service shall be strictly in accordance with the following binding guidelines:
- You shall not host, display, upload, modify, publish, transmit, update or share any content or information which:
- is in violation of local, state, or federal laws or regulations;
- belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized property or copy of another person's content such as providing links to them, providing information about them;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to the website or to profiles, blogs, communities, account information, bulletins, or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- Interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;
- Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the website or any other website, contains content that would be prohibited, or violates the letter or spirit of these Terms of Service.
- Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.
- You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any server, computer, network, or any of the services offered on or through the Service, by hacking, password "mining" or any other illegitimate means.
- You shall not abuse any discounts, coupons, or promotions by harvesting or farming discounts or coupons.
- You shall not attempt to encourage, permit, or allow other users of the Service to do anything that is prohibited or anything that violates the terms of this agreement.
- You shall not use our Service for fraudulent or illegal purposes, or in connection with a criminal offense or any other unlawful activity.
- You shall not probe, scan or test the vulnerability of the website or any network connected to the Service nor breach the security or authentication measures on the Service or any network connected to the Service. You may not reverse look-up, trace or seek to trace any information on any other user to Service, or any other customer, including any account on the Service not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service in any way.
- You shall not attempt to obtain another user’s account username, password, or other security information.
- You shall not conceal your true IP address or otherwise misrepresent or impersonate your identity.
- You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
- You shall not use our Service for any other purpose that is other than what is intended by Victor Audio as described herein.
- How we communicate: consent to electronic transaction, communication and disclosures
To the fullest extent permitted by law, these Terms and Conditions and any other agreements, notices or other communications from us to you regarding our services being offered ("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within our Service and/or delivered to your email address.
Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
Opting-out and withdrawal of consent: You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward; we may still send you relevant information about your account and any transaction detail carried out between you and us. You further acknowledge and agree that opting out and withdrawing consent may impact your use of our service.
- Copyright infringement and DMCA notification
Victor Audio respects the intellectual property of others and asks its users of our Service to do the same. Our Service may not be used to transmit, retransmit, distribute, post, or store any material that violates any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws and/or regulations.
We have established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that your copyrighted work has been copied and is accessible on any of our Services in a way that constitutes copyright infringement, please notify us by reaching our Copyright Agent via the following means:
Naxa Electronics, Inc.,
2320 East 49th Street, Vernon, CA 90058
Telephone: (323) 583-8883
Notification of alleged copyright infringement
In order to be valid, the notification must be in writing and must contain the following information:
- a description of the copyrighted content or other intellectual property that you claim has been infringed;
- a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
- a detailed description of where this content or intellectual property is located on the Service, in order for us to find it;
- your address, telephone number, and email address;
- a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.
Please note that (i) any person who knowingly misrepresents to Victor Audio that material is infringing shall be liable to Victor Audio and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Victor Audio and/or the alleged infringer as a result of Victor Audio’s reliance on such misrepresentation and removing or disabling access to such material. (ii) Similarly, any person who knowingly misrepresents to Victor Audio that the material was removed or access blocked by mistake or misidentification shall be liable to Victor Audio and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Victor Audio and/or the copyright owner or its authorized licensee as a result of Victor Audio’s relying on such misrepresentation and replacing such removed or blocked material.
- Third-party website links and intellectual property
Some links on the Service may allow you to leave the Service. The linked websites are not in any way under the control of Victor Audio, and we are not responsible for the contents of any of such linked websites or any link contained in a linked website or any changes or updates to such websites.
You understand that any content or information made available or expressed by a third party on our Service is that of the respective owner(s) and not ours. We neither approve nor are we responsible for the accuracy, currency or reliability of any content, opinion, information, advice or statement made on the website by anyone.
- Warranty disclaimer
Service Warranty: Our Service and the Service services are provided “as available” and on an “as-is” basis. Victor Audio makes no warranties of any kind, expressed or implied. We strive to provide our Service 24 hours a day 365 days a year, but we do not guarantee our website will always be available. Victor Audio will not be liable for any loss due to our website not being available. Victor Audio will not be liable for any loss due to errors in our software or the software of others that we use.
To the fullest extent permissible by applicable law, we disclaim all responsibility, liability, representations, and warranties of any kind, express or implied for: (i) operation, accessibility, or security of this Service, and the accuracy, completeness, availability, timeliness, currency, or reliability of any of the content or data found on this Service, (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee continuous, uninterrupted, or secure access to its services, and the operation of our Service may be interfered with by numerous factors outside of our control. Your use of the Services that we offer is at your sole risk.
To the fullest extent permissible by applicable law, we disclaim all representations and warranties of any kind, express or implied, as to the operation, accessibility, or security of this website, and the accuracy, completeness, currency, or reliability of any of the content or data found on this Service, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee continuous, uninterrupted, or secure access to its services, and the operation of our Service may be interfered with by numerous factors outside of our control. Your use of the Services that we offer is at your sole risk.
While we have made attempts to provide accurate and valid information on our Service, no representation is made or warranty given as to the validity, completeness, availability, timeliness, security, reliability or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the Service before you take any action upon it. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly made herein.
Product Warranty: Before returning your Product for service under this Warranty, please read the instruction manual carefully and visit our website for product updates and extended support documentation where provided. Please see our product warranty policy for more information about our Product Warranty practices.
Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.
- Limitation of liability
To the extent permitted by law, we assume no responsibility, and in no event and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise shall we or any of our employees, directors, officers, agents, or suppliers be liable to you or any other person for any loss, claim, damage, lost profits or any special, incidental, indirect or consequential damages of any kind arising out of or in connection with your access to, or inability to access, the Service, or from your reliance on any information provided on the Service, even if we have been advised of the possibility of such damages.
You understand, therefore, that by using the Service that we provide, you may be exposed to services that are potentially dangerous, offensive, harmful, unsafe or otherwise objectionable, and that you use our services at your own risk. Nothing in this agreement or the Service constitutes or is meant to constitute advice of any kind.
Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree that as a condition of use of the Services, you will indemnify, defend, and hold us harmless, our officers, directors, employees, agents, licensors and suppliers (collectively, the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorney fees, resulting from your use of the Services or any product, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
- Agreement term and termination
Unless you and Victor Audio expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein.
- Termination by us: We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account.
- Termination by You: You may terminate this Agreement by completely and permanently ceasing to use the Service and Service services (provided that there are no outstanding Services ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by this Agreement.
- Choice of law and jurisdiction
These Terms and your use of the service are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
- Dispute resolution; arbitration
Dispute resolution; arbitration
- Informal negotiations
To expedite dispute resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you as a user of the Victor Audio Services agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other.
- Agreement to Arbitrate
In the event where informal negotiation did not work, you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide us with written notice of your desire to do so by email at email@example.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
All claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services that we provide will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online, in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity.
(iii) Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (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.
(iv) Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms will be subject to the Federal Arbitration Act.
(v) Class action and class arbitration waiver
You and Victor Audio agree to the fullest extent permitted by applicable law, that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Notwithstanding the provisions as regards how we can make changes to these Terms, if Victor Audio changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Victor Audio in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- General provisions
- Typographical errors
We reserve the right to revoke any stated offer and to correct any inaccuracies, errors or omissions (including even after an order has been submitted). Where a product listed on the website is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for such product(s) listed at the incorrect price.
If any provision of these Terms is determined by a court to be invalid, void or unenforceable, the Parties agree that the remaining provisions of this Agreement will not be affected thereby and that this Agreement will in any event otherwise remain valid and enforceable.
No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce at any time any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that well will pursue legal actions against all breaches of this Agreement.
You may not assign these Terms, or any of its rights or obligations hereunder, without our consent in the form of a written instrument. We may assign these Terms without your consent. Subject to the foregoing restrictions, the Terms herein are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
- Force Majeure
Notwithstanding the other provisions of this Agreement, if either party is in good faith prevented from performing its obligations under this Agreement because of an event beyond the control of the Party concerned, including without limitation, war (declared or undeclared), acts of God, terrorism, earthquake, accident, explosion, fire or flood, such Party will promptly notify the other Party, and while so affected, the affected Party will be relieved from performing its obligations provided that, the Party affected will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.
We also reserve the right to modify, suspend, or cease to operate entirely if operations become inoperable. We shall not be liable to you for any liability or impact that any of such modifications may have on you.
- Entire Agreement
These Terms with other policies presented to you, constitute the entire agreement between you and us with respect to the Service and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written.
The section headings herein this Agreement are included for ease of reference and convenience only and shall not be given any legal import nor shall it have any binding effect.
- Questions or complaints?
Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at email@example.com.