Terms of Use and Sale

Effective Date of Current Policy: January 1, 2014


1. INTRODUCTION

Welcome to the ClearView Audio Online Store!

This Online Store is operated by Emo Labs Inc. d/b/a ClearView Audio ("ClearView Audio", "we", or "us").

Through our Online Store, ClearView Audio provides you with access to a variety of resources, including information about current and future products, software, and/or services (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use and Sale (the "Terms of Sale" or "Agreement"). By using the ClearView Audio website or purchasing products from the Online Store, you accept and agree to these Terms of Sale, our Privacy Policy, and applicable terms and conditions, policies or disclaimers found in the Online Store or referenced herein and accessible through the related hyperlinks (collectively the "Online Store Policies").

Please read the Online Store Policies carefully. If you have any questions regarding the Online Store or these Terms, or if you have any issues or concerns about products or services that you purchased from this Online Store, you can contact us.

PLEASE NOTE: YOU MAY NOT USE THE ONLINE STORE OR SERVICES IF YOU DO NOT AGREE TO THE ONLINE STORE POLICIES.


2. SCOPE

2.1. The Online Store and Services are intended only for the personal and noncommercial use by end user customers who reside in the United States and Canada. End user customers outside of the United States and Canada who use the Online Store are responsible for ensuring compliance with local laws and regulations and use the Online Store at their own risk. Resellers are not eligible to purchase from the Online Store.

2.2. These Terms apply to all orders for ClearView Audio products ("Products") and Services made available by ClearView Audio for purchase on the Online Store.

2.3. You must be 18 years of age or have reached the age of majority in your territory of residence to purchase products through the Online Store. By placing an order through the Online Store, you represent and warrant that you have reached the age of majority in your territory of residence.


3. ACCEPTANCE OF ORDERS

3.1. You agree that your order is a binding offer to purchase the ClearView Audio Products and Services listed in your order. All orders submitted by you are subject to acceptance by ClearView Audio. ClearView Audio may choose not to accept your order for any reason without liability to you. ClearView Audio may also place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household.

3.2. After submitting an order to us, we will send you an 'Order Confirmation' email with your order number and details on the products and services you have ordered. This Order Confirmation is only an acknowledgement of receipt of your order.

3.3. ClearView Audio's acceptance of your order occurs only when we have (a) shipped your Product or provided the Service, and (b) received payment in full of the purchase price of your order through settlement of funds. ClearView Audio may refuse, reject, or cancel any order at any time prior to Acceptance, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors in the Online Store or made in connection with your order.

3.4. You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Online Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.


4. PRICES AND QUANTITIES

4.1. Product prices and availability are subject to change at any time and without notice.

4.2. All prices shown in the Online Store are in United States dollars unless otherwise stated. All prices shown in the Online Store exclude taxes or similar charges ("Taxes") that may apply to your purchase, and also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. We are required to collect taxes on shipments to destinations in California, Massachusetts, and Pennsylvania. For all other destinations in the United States, the person you designate to receive the Products or Services (the “Recipient”) is responsible for reporting and paying any tax that may be applicable. For destinations outside of the United States, please see Section 10 below. You will have an opportunity to review the Taxes and delivery costs before you confirm your purchase.

4.3. ClearView Audio works hard to ensure that all pricing and product information in the Online Store is correct. Occasionally, however, an error may occur and Products and Services may be mispriced. If a product's or Service's correct price is lower than the price stated in the Online Store, we will charge you the lower amount for the Product or Service. If a Product's or Service's correct price is higher than the price stated on the Online Store, we will contact you and ask you whether you wish to proceed with the order at the correct price or whether you wish to cancel your order.

4.4. We may offer you the opportunity to pre-order a Product from the Online Store before it is available for purchase. If you do place a pre-order, we will charge you at the time you place your pre-order and will ship the Product when it is available. You may cancel your pre-order before the product is shipped or available for download by sending an email.

Once your pre-order is shipped or available for download, our normal return policies apply. If different pre-order terms apply to a specific product, we will state this in the Online Store.

Credits or refunds will be made to the same method of payment and account used to place the order.


5. PAYMENT TERMS

5.1. The Online Store offers different payment options, as set forth in the Online Store. We reserve the right to change our payment options for any time and for any reasons.

5.2. Unless we notify you otherwise prior to our acceptance of your order, ClearView Audio will only accept payment in US dollars.

5.3. When ordering, you confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, ClearView Audio will not accept your order, will not be liable for any delay or non-delivery, and will not be obligated to inform you of the reason for the refusal. ClearView Audio is not responsible for your card issuer or bank charging you as a result of ClearView Audio's processing of your credit/debit card payment in accordance with your order.


6. INVOICING

When ClearView Audio elects, or is required by applicable law, to issue or make an invoice available, ClearView Audio reserves the right to issue or make available electronic invoices and you agree to such form of invoicing. If electronic invoicing is used, we will send you an email invoice as soon as your order is shipped.


7. SOFTWARE AND SERVICES

7.1. Any Services that ClearView Audio provides or makes available to you or that you purchase may be subject to additional terms. Any such terms will be brought to your attention before you purchase those Services. Please note that those terms shall apply to the relevant Services in addition to these Terms.

7.2. Any software that is made available to download or purchase from the Online Store is the copyrighted work of ClearView Audio and/or its suppliers. When you "purchase" software, you are actually purchasing a license to use the software rather than purchasing the software itself. Software licenses purchased at the Online Store are subject to the license agreement that accompanies the software (the "License Agreement"). You will be required to agree to the terms and conditions of the License Agreement when you install the software. Please contact us if you would like to receive a copy of the applicable License Agreement, at no cost, before you purchase software.


8. SUBSTITUTE PRODUCTS/SERVICES

8.1. We are committed to ongoing innovation and continual improvement of our products. ClearView Audio may therefore revise or discontinue products and services from time to time. If, for any reason, we are unable to provide you with the product or services you have ordered, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with a replacement product, you can return it in accordance with ClearView Audio's 60-day returns guarantee. In addition, and where applicable, you may cancel your order in accordance with your rights.

8.2. Please note that if you elect to return substitute goods in accordance with ClearView Audio's 60-day returns guarantee, ClearView Audio will meet the reasonable costs of returning the substitute goods.


9. DELIVERY AND RISK

9.1. Orders will be sent to the delivery address that you have provided during the purchase process. ClearView Audio cannot be held responsible if that delivery address is incorrect. NOTE: ClearView Audio cannot deliver to PO boxes or military addresses.

9.2. ClearView Audio currently delivers Products and Services only to the countries listed in the checkout. Please also note that ClearView Audio is unable to deliver Products or Services to any country other than that listed unless otherwise stated. Your selection of shipping location and your billing address must therefore appear on this list.

9.3. While ClearView Audio will try to meet any delivery estimates that we give you, please note that they are only estimates based upon the information that is available to us at the time. You understand and acknowledge that those delivery estimates are not guaranteed.

9.4. Once you have received a Product, all risk of damage to, or loss of, the Product shall pass to you.


10. CUSTOMS AND EXPORT COMPLIANCE

10.1. Products purchased from the Online Store (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such Products.

10.2. NOTE: ClearView Audio Products are made and intended for use only in the United States and Canada. If you designate delivery to a location outside of the United States and Canada, you understand and agree that the sale of the Product takes place in the United States, at ClearView Audio's facility. Title and risk of loss for the items transfer to the Recipient upon delivery to a carrier in the United States. You further agree that you are solely responsible for complying with all laws and regulations of the country where you have designated delivery of the Products or Services. Products or Services delivered to destinations outside of the United States may be subject to taxes, customs duties, and fees levied by the destination country. The Recipient is the importer of record and is responsible for all taxes, customs duties, and fees. You authorize us to designate a carrier to act as the Recipient’s agent with the relevant customs and tax authorities in the destination country, to clear the merchandise, and to process and remit all applicable taxes, duties, and fees. In some countries, the carrier will contact the Recipient if any taxes, duties, and fees are required to be paid before delivery, or will collect such amounts at the time of delivery. In countries where this is not required, the Recipient is responsible for reporting and paying any tax, duty, or fee that may be applicable. To obtain details regarding taxes, duties, and fees, or to obtain documentation or receipts in connection with customs clearance, please contact the designated carrier. You authorize us to provide certain order, shipment, and product information to our carriers, and acknowledge that such information may be communicated by the carriers to customs and/or postal authorities in order to facilitate customs clearance and comply with local laws. You acknowledge that cross-border shipments are subject to opening and inspection by customs and/or postal authorities.


11. WARRANTIES

11.1. Certain products purchased by you from this Online Store may come with an express warranty from the manufacturer or another third party. If your Product is covered by such an express warranty, the terms of the express warranty will be included in the documentation that accompanies the relevant product and/or will otherwise be made available or notified to you.

11.2. To the maximum extent permitted by applicable law, any express warranty ClearView Audio offers you in respect of a product are instead of all other terms, conditions and warranties, whether express or implied. Please note, however, that this exclusion (and any express warranty that accompanies your Products) does not affect your statutory rights as a consumer.

11.3. CLEARVIEW AUDIO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE ONLINE STORE. THEY ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENT OR MANUFACTURER'S WARRANTY THAT MAY ACCOMPANY THEM. YOU UNDERSTAND THAT YOUR PURCHASE AND USE IS AT YOUR OWN RISK AND THAT WE PROVIDE PRODUCTS AND SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. CLEARVIEW AUDIO DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE ONLINE STORE OR SERVICES. TO THE FULLEST EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.

YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE ONLINE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.


12. LIMITATIONS OF LIABILITY

If, despite the other sections of this Agreement, ClearView Audio is found liable to you for any loss or damage that arises out of or is in any way connected with your use of the Online Store or any Product or Service offered, you agree that your exclusive remedy is to recover from ClearView Audio or any affiliates, resellers, distributors, and vendors direct damages up to (1) an amount equal to the price of the Product or Service, or (2) US $100.00 if you did not purchase a Product or there was no service, subscription or similar fee.

YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THE ONLINE STORE, THE SERVICES, THIS AGREEMENT, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF THE ONLINE STORE OR SERVICES; DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION; UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.


13. ELECTRONIC COMMUNICATIONS

When you make a purchase through the Online Store, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. You have the right to withdraw your consent to electronic communications and contracting, but if you do, we may cancel your order. If you do not consent to receive any notices electronically, you must stop using the Online Store. This term does not affect your statutory rights as a consumer.


14. ASSIGNMENT, SUBCONTRACTING, ETC.

ClearView Audio reserves the right to transfer, assign, delegate or sub-contract all or any of ClearView Audio's rights and obligations under these Terms. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without ClearView Audio's advance written consent.


15. AMENDMENTS TO THESE TERMS

ClearView Audio reserves the right to make changes to these Terms at any time. You, and any contract of sale between you and ClearView Audio, will be subject to the version of these Terms in force at the time you order the products or services in question from ClearView Audio.


16. EVENTS BEYOND OUR CONTROL

You agree that ClearView Audio will not be responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond ClearView Audio's reasonable control.


17. INTERPRETATION OF THIS AGREEMENT

All parts of this Agreement apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence. If it is determined that we can't enforce a part of this Agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Agreement won't change.


18. GOVERNING LAW AND JURISDICTION

These Terms and all transactions relating to this Online Store are governed by the law of the Commonwealth of Massachusetts, without giving effect to its conflict of laws rules. You also agree that any disputes that arise from or relate in any way to the Products or Services or this Agreement shall be resolved exclusively by the United States District Court for the District of Massachusetts (Eastern Division) or the Massachusetts courts sitting in Middlesex County, Massachusetts, and you consent irrevocably to venue and jurisdiction in such courts. This provision will not affect your statutory rights, however, if applicable consumer law requires application of another law (such as the law of your country of residence) or forum.


19. CANCELLATION & RETURNS POLICY

60-Day Returns Guarantee

ClearView Audio wants you to be totally satisfied with every Product that you purchase from our Online Store.

Therefore, if for any reason you are unhappy with a ClearView Audio Product, please contact our customer support within 60 days of your receipt of the Product. We'll ask you why you are unhappy, and we'll try to solve the issue. If you still want to return the Product for a refund, we'll provide you with a return authorization. You'll need to ship the Product back to us, at your expense, in its original packaging and in as-new condition. After we receive the Product and verify it is in as-new condition, we'll then refund the price you paid for the Product (but not the cost of shipping the Product to you). All refunds will be made using the same method that you originally used to pay for the product (in other words, you'll receive a credit on the credit card you used to make the original purchase).