TERMS AND CONDITIONS
TERMS AND CONDITIONS
This website is operated by Classy Sound LLC, a Delaware corporation. Throughout the site, the terms "we", "us" and "our" refer to Classy Sound LLC.
Classy Sound offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
During our “pre-order” period commencing on March 6th, 2019, and any products and accessories you receive from us. By submitting your Pre-Order, you agree to be legally bound by these terms.
1.1 You may Pre-order Classy Sound’s products at any time exclusively through the website. Classy Sound has the discretion to make products available for Pre-order.
2. PRE-ORDER RESERVATION
3. PERSONAL INFORMATION
5. MODIFICATIONS TO THE PRODUCTS AND PRICES
- Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
7. DELIVERY SCHEDULE
8. YOUR ACCOUNT
9. AGE AND RESIDENCY
12. DISCLAIMER OF WARRANTIES
12.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Classy Sound, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
13. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
13.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
14.1.2.to pay compensation for any comments; or
14.1.3.to respond to any comments.
14.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
15. ERRORS, INACCURACIES AND OMISSIONS
15.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
16. ELECTRONIC COMMUNICATIONS
16.1 When you use any Classy Sound service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Classy Sound services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. OPTIONAL TOOLS
17.1.We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
18. LIMITATION OF LIABILITY
18.1 UNDER NO CIRCUMSTANCES WILL CLASSY SOUND BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT CLASSY SOUND IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
19. BUYER’S REPRESENTATION AND WARRANTIES
19.1 You represent and warrant to us as follows:
20. PROHIBITED USES
20.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
20.1.2 to solicit others to perform or participate in any unlawful acts;
22. BINDING ARBITRATION
Subject to subsection (4) below and all applicable laws, you are agreeing to give up:
22.2.1 your right to litigate any claims that may arise hereunder in court or before a jury; and
22.2.2 your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in Delaware. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Delaware. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature.
22.2.3 This Section (19) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
22.2.4 Small-Claims Option: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
22.2.5 Survival: This binding arbitration and class action waiver section shall survive any termination of your use of the products and services offered by the Site.
23. NO WAIVERS
23.1 Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
24.1 We may provide notices hereunder to you by:
24.1.2.regular mail; or
24.1.3.posting them on the Site.
You shall be responsible for ensuring that you have provided us with your current email and mailing addresses.
24.2 You can contact us at any time by any of the following means:
24.2.1.email, at: email@example.com; or
24.2.2.registered or certified mail to:
1201 North Orange St
All content included in or made available through any Classy Sound, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Classy Sound or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Classy Sound Service is the exclusive property of Classy Sound and protected by U.S. and international copyright laws.
“Classy Sound” and its associated logos are trademarks and/or service marks of Classy Sound. All other trademarks, service marks, and logos used on or through the Service are the trademarks, service marks, or logos of their respective owners.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Classy Sound Service are trademarks or trade dress of Classy Sound in the U.S. and other countries. Classy Sound’s trademarks and trade dress may not be used in connection with any product or service that is not Classy Sound’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Classy Sound. All other trademarks not owned by Classy Sound that appear in any Classy Sound service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Classy Sound.
27. FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform their obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.
28. CHANGES TO THE TERMS
28.1 Classy Sound reserves the right to change any of the terms for any or no reason. If you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 10 above.
28.2 Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
28.3 You can review the most current version of the Terms of Service at any time at this page. It is your responsibility to check our website periodically for changes.
29. ENTIRE AGREEMENT
29.1 These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Delaware. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in Delaware. You may not assign this Agreement or any of the rights granted to you hereunder.
29.2 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
30.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
31.1 In the event that any provision of these terms are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
31.2 The ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
32. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org