Wednesday, July 26, 2017
Terms of Use

AGREEMENT BETWEEN USER (“you” or “your”) AND GCM SERVICES INC. operating as EXASOUND AUDIO DESIGN (hereafter referred to as “we” or “our” or “us” or “ExaSound”).


The exasound.com website (Website) is comprised of various Web pages operated by ExaSound. The Website markets hardware devices, (“Device” or “Devices”), and software and firmware (“Software”). The Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Using the Website or  acquiring Software or Devices from the Website constitutes your agreement to all such terms, conditions, and notices.

 

Modification of These Terms of Use

ExaSound reserve the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges associated with the use of the Website.

Return Policy

30-Day Risk-Free Trial Returns

You  may return Devices sold by exaSound within 30 calendar days of delivery for 100% of Device's purchase price, minus shipping costs. These Devices must be in new resalable condition, with all items packaged safely in their original packaging.

 

After such time, all sales are final. We cannot accept returns of Devices in damaged condition, with missing components or without serial number. We will not issue refunds for such Devices.

30-Day Risk-Free Trials are not available for all countries. If you live outside of Canada or the USA, please contact us to confirm eligibility before making a purchase.

 

Return Procedure

Please contact Customer Service to obtain a Return Merchandise Authorization (RMA). Goods returned without an RMA number will not be inspected and do not qualify for service or refund.

 

All returns must include the following:

 

  • Complete original packaging.
  • All documentation and accessories.
  • A copy of your original receipt and a copy of your RMA email.
  • Please write the RMA number on the shipping label used to return the item.

We are not responsible for any return shipping charges of merchandise being sent to us. All returns must be packed safely in their original packaging. All return shipments must be insured. We will not be responsible for damages incurred during transit and for lost shipments. Failure to comply with these requirements will void your warranty.

 

Your return will be processed within 5 business days after we receive the item. We will notify you via e-mail once we have received and processed the returned item.


Item Damaged in Transit

If your item is physically damaged upon delivery please contact Customer Service immediately. Failure to advise ExaSound by email of the damage within three (3) days of receipt may prevent your insurance claim. This applies to items that have not been used, or powered in any way. Be sure to indicate your order number.

Limited One Year Products Warranty

exaSound Devices are warranted against defective workmanship or materials for one (1) calendar year from the original date of purchase. This warranty applies only to exaSound brand products manufactured by exaSound and sold to the original consumer by either exaSound or an exaSound authorized reseller. This warranty does not apply to exaSound brand products imported and sold by unauthorized dealers, distributors, or other sellers. exaSound may at its sole discretion, refuse to honour the warranty of any such unauthorized product that may be presented for service.

 

Warranty service can only be performed by exaSound. Devices which are defective must be shipped pre-paid and insured to exaSound for warranty service in accordance with our Return Policy. For products that we verify to be eligible for warranty service , we will pay the shipping cost to return the Device to you using shipping service of our choice.

 

If in our assessment the defect is covered by our Warranty, the defective item will, at our sole option, be repaired, replaced with the same item or its functional equivalent, or the purchase price will be refunded. ExaSound in its sole and absolute discretion shall be the sole determiner of whether a product is in fact defective.

 

Replacement parts and products assume the remaining original warranty, or ninety (90) days, whichever is longer.

 

This limited warranty covers non-commercial use of this product, and shall not apply to the following, including, but not limited to: applications and uses for which this product was not intended; altered product or serial numbers; cosmetic damage or exterior finish; batteries and cable accessories; accidents, abuse, neglect, fire, water, lightning or other acts of nature; incorrect electrical line voltage, fluctuations and surges; failure to follow operating or maintenance instructions. ExaSound does not warrant uninterrupted or error-free operation of the product. This limited warranty shall not extend to anyone other than the original purchaser of the product. It is non-transferable and states your exclusive remedy.

 

ExaSound hereby expressly disclaims all liability for product defect or failure, that are due to normal wear, product misuse, physical tampering, abuse, product modification, improper product selection, non-compliance with any codes, misappropriation or the failure of the Device while being used for purposes for which it was not intended.

 

THE FOREGOING WARRANTY IS THE ONLY WARRANTY WITH RESPECT TO THE DEVICES AND WE MAKE NO OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE DEVICES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EXASOUND, OR ITS AUTHORIZED RESELLERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF SUCH DAMAGES RESULT FROM NEGLIGENCE OR OTHER FAULT.

 

The information, materials, Software and services offered on or through this Website are provided on an "as is" basis. Other than as explicitly set out herein, ExaSound offers no warranty, express or implied, of any kind including warranties of merchantability, functionality, performance, fitness for a particular use, purpose or application intended by the user, nor for non-infringement of intellectual property.

 

Payment Policy

At the present time we accept PayPal payments only. You may pay by a credit card accepted by PayPal or by using your PayPal account. All payments are converted to US Dollars at an exchange rate determined by PayPal. We do not accept C.O.D. orders.

Price Changes

All pricing is subject to change without notice. If shipping and handling charges change between the submission of your order and the time of shipping, we will contact you via email. You will have the option to accept the price changes and keep the order, or to cancel the order and receive a full refund.

Sales Tax

All orders with a Canadian shipping address will include Canadian sales tax. Tax is calculated based on the province or territory where the goods are shipped to.

Import Tax and Duties for International Orders

If you are importing goods from outside your own country, there may be customs brokerage and/or duty charges. You are responsible for all charges incurred upon importation of goods.

 

Every country has different import duty rates, charges and regulations. You are responsible for familiarizing yourself with those particulars before placing an order to determine how much you will be charged for the goods you wish to import. We do not have this information and cannot assist you with this issue.

 

Shipping Policy

We accept orders only if your shipping address is the same as the address displayed on your credit card statement or it is a PayPal Verified Address. We reserve the right to cancel any order if there is a discrepancy between the shipping address and the PayPal verified billing address or the address on your credit card statement. 

We charge actual shipping costs plus a small handling charge per shipment. We ship via FedEx and Canada Post. We do not use any other service or carrier. We do not deliver to PO Boxes. When an order is placed, it will be shipping to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon our delivery of the items to FedEx or Canada Post. ExaSound is not responsible for damaged, lost or stolen packages and the liability for the same rests with the carrier. You are responsible for contacting ExaSound to initiate any insurance claim for damaged and/or lost shipments. ExaSound will file claims for those that are insured. Insurance must be purchased for all orders, domestic or international, totalling over $100 CAD.


We fill all in-stock orders as soon as possible, subject to shipping volume. We cannot guarantee a shipping date. Once your order has shipped, a shipping confirmation email with tracking information (if applicable) will be sent to the email address provided by you with the order.


We are not responsible for shipping delays or failures if you have provided an incorrect or incomplete shipping address such as an incorrect zip or postal code, unit number, suite number, building number, floor number or room number. Courier services may levy a fee for address corrections and you are responsible for these fees if levied.

 

Stock Shortages and Backorders

Sometimes our inventory system indicates that there is stock available for your order, but the item actually is sold out. We strive to keep our stock numbers accurate. Should a product be unavailable to fill your order, we will contact you directly and provide a revised delivery date. You will have the option to accept the revised delivery date or to cancel any unshipped orders and receive a full refund.

Order Cancellation Policy

If you need to cancel an order, please email ExaSound immediately. Please note, however, that we cannot guarantee that your order can be cancelled once it is placed as it may already have been processed for shipment. It is important to carefully review your order in the Shopping Cart before submitting it. 


While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. ExaSound reserves the right, without prior notice and at will, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of billing and shipping information prior to the acceptance and/or shipment of any order.

 

Proprietary Information and Copyright

The Software and the unique operational functions and properties of the Devices are owned by ExaSound and/or its licensors and are protected by Canadian and international copyright laws and treaty provisions. You may not remove the copyright notice from the Device or from any copy of the Software or any copy of the written materials.


You may not merge any portion of the Software into, or integrate any portion of the Software with, any other program, except with prior written authorization from ExaSound. Any portion of the Software merged into or integrated with another program, if any, will continue to be subject to the terms and conditions of this Agreement, and you must reproduce on the merged or integrated portion all copyright and other proprietary rights notices included in the originals of the Software.


Except to the extent expressly permitted by this Agreement you may not use, copy or modify the Software or the Device, nor may you sub-license any of your rights under this Agreement. You may use the Software and the Device for your personal use only.


You acknowledge that the Software and the Devices contain trade secrets and other proprietary information of ExaSound and its licensors. You may not decompile, disassemble or otherwise reverse-engineer the Software or the Devices, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software or the Devices. 


In particular, you agree that:

  1. You will not for any purpose transmit the Software or display the Software's object code on any computer screen or make any hardcopy memory dumps of the Software's object code.
  2. You will not read, transmit, display, print, reverse-engineer, decompile or modify the Software or any portion of the Software.
  3. You may not use the Software, or any portion of the Software with any device other than the Devices.

It is acknowledged that these prohibitions also include providing to any third party access to the Software or Devices in order to decompile, disassemble or otherwise reverse-engineer the Software or the Devices.

Copyright And Trademark Notices:

All contents of the Website are: Copyright © 2011-2014, GCM Services Inc. and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.


Any rights not expressly granted herein are reserved.


Notices and Procedure for Making Claims of Copyright Infringement

Notifications of claimed copyright infringement under Canadian copyright law should be sent to: CustomerService@exasound.com.

 

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on the Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner and according to the product use restrictions as stated on this Website.

Accuracy of Product Information

We use our best efforts to ensure that information on this Website is complete, accurate and current, but otherwise we make no representation concerning the same. Products featured on this Website may be unavailable, may have different attributes than those described, and the stated pricing may no longer be accurate. In addition, we may make changes with respect to product price and availability without notice.

Links to Third Party Sites

The Website may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ExaSound and ExaSound is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ExaSound is not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ExaSound of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to ExaSound that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

Use of Communication Services

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 


We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

 


Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized to be our spokespersons, and their views do not necessarily reflect those of ExaSound.

 


Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

Materials Provided to ExaSound or Posted at the Website

We do not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ExaSound, our affiliated companies and sublicensees unrestricted authorization to use your Submission without limitation, including but not limited to the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide nor to advise you that we have used your Submission. We may remove any Submission at any time in our sole discretion without notice.

 


By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, DEVICES AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE AND MATERIAL IS ADDED TO AND/OR REMOVED FROM THE CONTENT HEREIN. EXASOUND AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THIS WEBSITE, OR ANY OTHER WEBSITE, SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 


EXASOUND AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EXASOUND AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES.

 


IN NO EVENT SHALL EXASOUND AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXASOUND OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

 

Termination/Access Restriction

We reserves the right, in our sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

General

This agreement is governed by the laws of the Province of Ontario, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ExaSound as a result of this agreement or use of the Website. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by ExaSound with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ExaSound and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ExaSound. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

Service Contact: CustomerService@exasound.com

ExaSound Revised these terms on February 4, 2014.

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