The following Terms of Use contain the complete terms and conditions that apply to an individual's or entity's use of DIGITAL SOUND, INC d/b/a Digital Sound & Wheels site. As used in this Agreement, "We," "Us" or "Our" refers to DIGITAL SOUND INC, and "You" or "Your" refers to the user. "Site" means any DIGITAL SOUND INC site posted on the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions and Your waiver of any and all claims against DIGITAL SOUND INC, its parents, subsidiaries, affiliates, contractors, agents, officers, directors or employees arising out of Your use of Our Site or any materials, information, opinions or recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use, at any time and in Our sole discretion, by posting a change notice or a new user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.
3. COPYRIGHT
3.1 Use.
All content included on Our Site, such as text, graphics, logos, button icons, images, model's picture, audio clips and software, is Our property or that of Our content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on Our Site is Our property protected by U.S. and international copyright laws. All software used on Our Site is Our property or that of Our software suppliers and is protected by U.S. and international copyright laws. You may electronically copy and print in hard copy portions of Our Site for the limited purpose of placing an order with Us or using it as a shopping resource. Any other use-including reproduction for purposes other than those noted above, modification, distribution, transmission, republication, display or performance-of the content on a Site without Our prior written permission is strictly prohibited. Use of the images for a personal, non-commercial website is acceptable. Scanning or capturing images from Digital Sound products for use on a personal, non-commercial website is allowed, as long as proper copyright information is displayed within or adjacent to the images. We do reserve the right, at the request of an individual copyright holder, to ask that use of images be refrained from, and the material taken down. For more detailed info on copyright policy, please email is at digitalsoundinc@gmail.com.
3.2 Penalty.
Unauthorized copying of the software, or failure to comply with the above restrictions, may result in severe civil and criminal penalties. Unauthorized duplication of the software constitutes copyright infringement and, in the United States, is punishable in a federal criminal action by a fine of up to U.S.$250,000 and imprisonment for up to five (5) years. In addition, federal civil penalties allow the recovery of actual damages based on the number of copies produced plus the profits of the infringer, or statutory damages of up to U.S.$100,000 for willful copyright infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product suggestions or original or creative ideas (collectively, "Materials") submitted through Our Site. If despite this policy you submit any such Materials, We will deem it Our property. We will not treat the Materials as confidential, and We will not be liable for any use or disclosure of such Materials. Without limitation, We will own the exclusive rights to the Materials and will be entitled to unrestricted use of the Materials for any purpose, commercial or otherwise, without compensation to the submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless DIGITAL SOUND INC, its parents, subsidiaries, affiliates, contractors, agent, officers, directors and employees against all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees and costs) made due to or arising out of a violation of these Terms of Use or Your use of this Site, including, without limitation, any claim arising out of unauthorized links to Our Site.
8 MISCELLANEOUS
8.1 Nonwaiver. If We fail to insist upon or enforce strict performance of any provision or right under the terms and conditions of these Terms of Use, it will not be construed as a waiver of any provision or right; rather, the same will be and remain in full force and effect.
8.2 Choice of Law. These Terms of Use will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington to the exclusion of any other law which may be imputed in accordance with choice of law rules applicable in any jurisdiction. The 1980 U.N. Convention on Contracts for the International Sale of Goods or any successor thereto does not apply to these Terms of Use. For any suit or claim pertaining to these Terms of Use or any information furnished hereunder, You irrevocably consent to the jurisdiction and venue of any state or federal court sitting in King County, Washington, USA, and You will not commence an action or proceeding relating to the subject matter of these Terms of Use in any other jurisdiction.
8.3 English Language Governs. It is the express wish of the parties that these Terms of Use be drawn up in English. C'est la volonté explicite des parties que ces termes d'usage soient rédiger en anglais.
8.4 Independent Contractor. These Terms of Use will not be interpreted or construed to create or evidence a partnership, joint venture or franchise relationship among the parties or as imposing any partnership or franchiser obligation or liability on either party.
8.5 Compliance With Laws. You will comply at Your own expense with all statutes, regulations, rules, ordinances and orders of any governmental body, department or agency that apply to or result from Your use of Our Site.
8.6. Severability. If any provision of these Terms of Use will be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from and will not affect the validity and enforceability of any remaining provisions.
9. BROADCAST EMAIL POLICY
It is the policy of DIGITAL SOUND INC d/b/a Digital Sound & Wheels to send our periodic email 'Blast' messages to lists of subscribers. These lists are compiled by gathering info from fans who have indicated that they wish to receive email broadcasts from us - we do NOT add email addresses to our lists without having been requested to do so by the address owner. We are also committed to making it as easy as possible for our customers to remove themselves from our lists. For more information regarding our lists, please email digitalsoundinc@gmail.com.
10. COMMITMENT TO QUALITY
DIGITAL SOUND INC d/b/a Digigital Sound & Wheels is completely committed in delivering the highest quality products. Customer service is our number one goal, we have a fully bilingual sales staff to assist our customers in a professional and efficient manner. We are constantly looking for ways to improve. We encourage feedback from you, our customers. If you have any questions or concerns (or even compliments) regarding Digital Sound or any of the products we carry, please contact us at digitalsoundinc@gmail.com . All opinions are heard and appreciated.
11. VERTICAL DOORS (DISCLAIMER AND POLICY)
Terms and Conditions
A. Acceptance of Order All orders are subject to acceptance by our company officer. Our acceptance shall not be construed as an acceptance of printed terms and condition on the purchase order from of the buyer, hereunder ("Buyer"), that are inconsistent with or additional to our terms and conditions, unless specifically in writing by our authorized officer. No sales representative, agent or employee of our company is authorized to alter, vary, or waive any of these terms and conditions, Such as require the written approval of our authorized officer.
11.1 Price All prices are subject to change without notice. Orders for immediate shipment will be billed at the price in effect on the date the order is received. Orders specifying future dated shipments may, unless otherwise agreed to, be billed at the price on the date of the shipment.
11.2 Taxes Our prices do not include any present or future sales, use, excise or other municipal, state, or federal taxes. Consequently, in addition to prices specified herein, the Buyer agrees to reimburse us for any and all taxes which may become payable with respect to this transaction.
11.3 Delivery We shall deliver goods F.O.B. point of shipment with transportation charges prepaid, via lowest cost routing to destination, unless otherwise specified by Buyer. We shall deliver the goods, as soon as possible after receipt of the order; however, the stated time of delivery is an estimate only, and we shall not be liable for delayed delivery or non-delivery caused by strikes, lockouts, fires, accidents, war, riots, a shortage of or an inability to obtain material, supplies, fuel, labor or shipping facilities, and on account of any acts, demands, orders or regulations of the municipal, state or federal governments, and any departments or agencies thereof, whether or not legally binding on us, or for delayed delivery or non delivery caused by any contingency beyond our reasonable control. Our time for making delivery shall not be extended for the duration of any such delays, except that if any such delay extends for more than six months, we shall have the option of canceling the undelivered portion of the order. In no event shall the contract of sale be subject to cancellation by the Buyer as a result of delays in delivery or for any other cause, except by mutual, written agreement of the parties. Shipping charges and handling fees are non-refundable.
11.4 Product Warranty All Vertical Doors Inc systems are backed up by a limited Lifetime warranty. The shocks have a warranty for 6 months, if you need a file warranty claim, you must have the original invoice to make the warranty valid.
Condition of Sale: All sales are final and all products sold by Digital Sound Inc / Vertical Doors Inc (The Seller) to the Buyer. Please note that pricing and stock availability are subject to change without notice.
Returns: Authorization to return any and all products must be obtained by the Buyer from Digital Sound Inc / Vertical Doors Inc. in advance and must be made within (7) days of receiving the product. All returned products to Digital Sound Inc / Vertical Doors Inc. are subject to 25% restocking fee. Buyer must pay for all Shipping / Handling fees on any and all returns to Digital Sound Inc / Vertical Doors Inc.. All products which are approved for return are for store credit only. All products returned for credit must be in the original manufacturers carton in the same condition as it was originally delivered by Digital Sound Inc / Vertical Doors Inc. to the Buyer. Only the original Buyer may request for a return of products. All warranty cards and other such items must be included with the product being returned. Defective items may be exchanged for the same item only, and only after warranty has been cleared from original manufacturer will the Buyer receive product back. After receipt of goods, Digital Sound Inc / Vertical Doors Inc. shall inspect the goods to determine the exact quantity and condition of goods received. If Digital Sound Inc / Vertical Doors Inc. does not accept the goods as being defective and/or returnable for any reason, Buyer must accept incurred costs.
11.5 Damage on Arrival (DOA) Return Policy Product that is Damaged "out of the box" is considered to be DOA, and is subject to the following procedure:
1. Buyer should check all product upon receipt. Any damaged product must be reported to our Customer Service Department within 5 working days of the receipt and a notation should be made on carrier delivery document and copy retained for further instruction.
2. DOA product covered by insurance will be replaced, but must be returned in original packing container, including original packing materials, manuals, etc., and must be accompanied by a copy of original invoice and an RMA number from our Customer Service Department or sales@verticaldoors.com. Buyer must pay for all Shipping / Handling fees on any and all returns to Digital Sound inc / Vertical Doors Inc.
11.6 Return Merchandise Authorization (INVOICE NUMBER) We reserve the right to issue an Invoice number based on the manufacturer product warranty to us. No return will be permitted on any products that has been abused or modified in any way, except by our Technical Department. Modification includes the removal of, or attempted modification to, any identification labels attached to the product at the time of purchase. ALL RETURNS MUST IN ORIGINAL PACKING CONTAINER, INCLUDING ORIGINAL PACKING MATERIALS, CABLES, MANUALS, ETC., AND MUST BE ACCOMPANIED BY A COPY OF THE ORIGINAL INVOICE, AND THE INVOICE NUMBER MUST BE CLEARLY MARKED ON THE SHIPPING CONTAINER, OTHERWISE THE RETURN MERCHANDISE SHIPMENT IS SUBJECT TO REFUSAL BY US. (The INVOICE # must be obtained from our Customer Service Department) a. PRODUCT RETURN FOR DEFECT OR TECHNICAL REASONS - All request for return authorization due to defect or technical problems must be handled by our Customer Service Department, and must be authorized by the Customer Service Manager. b. PRODUCT RETURN FOR NON-DEFECT OR NON-TECHNICAL REASONS - Both the Sales Manager and the Customer Service Manager must approve such returns. THESE RETURNS WILL BE ASSESSED A 25% RESTOCKING FEE, based on the original sale price. No refund after 14 days. c. SHIPPING DAMAGE - We ship all product insured unless otherwise stated. If product is received damaged in shipment, a notation should be made on carrier delivery document and copy retained for return with the product. A report for damaged product must be requested within 24 hours or receipt of the damaged product. d. SPECIAL ORDERS - Product which is "special ordered" will not be accepted for return. e. ACTUAL SHIPPING CHARGES AND HANDLING FEES ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCES.
12. HID Conversion Kit:
12.1 Return Policy
Return for exchange or Store Credit will be allowed only within 14 calendar days from the date of receipt. All authorized return merchandise must be unused and in their original saleable packaging. No store credit or exchange will be accepted on merchandise showing signs of having been installed, mounted, scratched, or defaced. RETURN AUTHORIZATION must be issued before any returns can be made. All returns must be received by Digital Sound & Wheels within 10 calendar days after a return authorization has been issued. A Return Authorization does not imply a replacement or refund, but only that Digital Sound & Wheels will inspect the merchandise based on the return claim. Return freight charges and insurance must be paid by the customer. Original shipping and handling charges are not refundable. A photocopy of the invoice showing the invoice number must accompany the return package along with a written explanation and a contact phone number. It is the responsibility of the customer/installer to verify the correctness of size and application of the parts before installation. No cancellations, refunds, or exchanges on special order items or custom order items will be allowed.
12.2 Shipping Errors
If you receive an incorrect item due to Digital Sound & Wheels error, we will issue a UPS Call Tag to pick up the incorrect item(s) and ship the correct item(s) at no additional charges.
12.3 Claims
All merchandise is packed carefully and correctly utilizing a triple check method before it leaves our facility. Damaged shipments should be checked in the presence of the carrier. All claims for damages or losses must be made with the carrier. Please keep all shipping cartons and packing material for carrier inspection. Digital Sound & Wheels will not initiate any claims with the carrier. Claims for missing items or damaged shipments must be made within five working days of receipt.
12.4 Warranties
No warranty whatsoever will be valid if the damage is caused by customer abuse, negligence, and/or mishandling. All merchandise sold by Digital Sound & Wheels is only subject to manufacturers warranty (1yr warranty on the Bulbs and Life-Time warranty on the Ballast), if any, and is subject to submission to the manufacturer for approval for repair or replacement. Labor or inconvenience charges may not be included in any claims. It is also the customer's responsibility to check the state and local laws regarding the use of any of these parts.
12.5 Titles of Ownership
All parts shall remain the property of Digital Sound & Wheels until paid in Full. Product Specifications, prices, materials, designs, specifications, and recommendations are subject to change without prior notice.
13. We guarantee your privacy.
At DIGITAL SOUND INC d/b/a Digital Sound & Wheels, we are committed to protecting your privacy.
It may be helpful for you to know how we use the information we collect:
If you are under 18 years of age, you must have your parent or guardian's permission to order.
All images are copyright of Digital Sound Inc. and its original owners. See Disclaimer. Copyright © 2006 www.digitalsoundinc.net. All rights reserved.
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