Welcome to the Sunbuck® Amplifier, Equalizer website at sunbucks.shop (the “Site”). The following terms and conditions of use (the “Terms”) apply to your use of this Site. Please read these Terms carefully before using this Site. By accessing or using this Site, you are agreeing to these Terms and concluding a legally binding contract with Sunbuck® Amplifier, Equalizer. If you do not accept these Terms, you should refrain from accessing or using the Site.
1. Definitions
“Content” means any text, images, video, audio, or other multimedia material, data, reports, ratings, reviews, interactive features, research, analyses, articles, commentary, algorithms, feeds, updates, notifications, communications, software, code, APIs, widgets, tools, licenses, innovations, or other content made available on or through this Site.
“Services” means any services, features, functionality, applications, content, downloads, widgets, tools, products or Items made available on or through this Site.
“Items” means any amplifiers, equalizers, audio interfaces, microphones, speakers, cables, accessories, merchandise, collectibles, memorabilia, products, goods, or other items listed for sale on this Site.
“User” means any person who accesses or uses this Site for any purpose.
“You” means you as the User.
“We” “Us” and “Our” means Sunbuck® Amplifier, Equalizer and its subsidiaries, affiliates, employees, officers, directors, agents, partners, vendors, and content or service providers.
2. Acceptance of Terms
These Terms constitute a binding legal agreement between You and Sunbuck® Amplifier, Equalizer governing your access to and use of this Site and the Content, Services, and Items available on or through this Site.
By accessing or using this Site and purchasing or using Items you explicitly agree to unconditionally accept and comply with these Terms. You may not use this Site if you do not accept these Terms in full.
We reserve the right to modify, amend, or change these Terms at any time. Your continued use of the Site following the posting of updated versions of the Terms signifies your acceptance of any such modifications, amendments, or changes.
3. Access and Use
Sunbuck® Amplifier, Equalizer grants you a limited, revocable, non-transferable, non-sublicensable license to access and use this Site and the Content, Services, and Items available on or through this Site solely for your own personal, non-commercial use.
Any use of this Site or the Content, Services, or Items other than as specifically authorized herein is prohibited and will automatically terminate the rights and licenses granted herein. Unauthorized use of this Site may also violate applicable laws including copyright and trademark laws, the laws of privacy and publicity, and other laws and regulations.
All rights not expressly granted in these Terms are fully reserved by Sunbuck® Amplifier, Equalizer and its licensors.
4. Site Access and Use Restrictions
You agree that you will NOT:
- Copy, modify, transmit, distribute, upload, post, reproduce, license, frame, transfer, create derivative works from, sell, re-sell, extract, commercialize or otherwise exploit any Content, Services, Items or Site access.
- Use the Site or Materials for any unlawful or fraudulent purpose, or in violation of any federal, state, local or international laws.
- Remove, alter, disable, obstruct, conceal or otherwise interfere with any advertisements, notices, attribution, marking or branding on the Site.
- Use any data mining, bots, scrapers, crawlers, tracking, harvesting, extraction or aggregation tools or technologies in connection with the Site, Services or Materials.
- Circumvent, disable or interfere with any security-related or technical features, protocol, access control or rights management features, or attempt to probe, scan or test for vulnerabilities.
- Upload or transmit any viruses, malware, Trojan horses, worms, time bombs, corrupted files, junk data or any other material that may damage, interfere with, disrupt, impair, disable or overload the Site.
- Access restricted or password-protected areas of the Site without authorization or obtaining valid login credentials.
- Use any meta tags or hidden text, links or automated devices to extract, frame, mirror, scrape or display any Materials from the Site.
- Attempt to probe, scan, test the vulnerability, breach or circumvent any security or authentication measures.
- Misrepresent your identity, impersonate any person or entity, falsely claim an affiliation, or access private account information of any User.
- Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or actually make unauthorized access to any part of the Site, network or database.
Any violation of these access and use restrictions may subject you to civil and criminal penalties.
5. User Content
You are solely responsible for any content, materials or information (“User Content”) that you upload, post, email, transmit, store or otherwise disseminate using the Site or Services.
You represent and warrant that you have all necessary rights and licenses to provide any User Content made available by you through the Site, and that such User Content does not infringe any copyright, trademark, privacy right, publicity right, trade secret or intellectual property or other third party right or violate any applicable laws.
We claim no ownership interest in any User Content you post using the Site or Services. However, by submitting User Content through the Site or Services, you grant us a perpetual, worldwide, non-exclusive, royalty-free, fully sublicensable and transferable license under any and all intellectual property rights to use, copy, record, modify, adapt, publish, display, distribute, translate, sublicense and create derivative works from that User Content in any format for any purpose.
We reserve the right to remove or disable any User Content at any time and for any reason without prior notice, at our sole discretion. You also certify that you are at least 13 years of age. Minors are directed to consult with their parent or guardian prior to submitting any User Content on this Site.
6. Purchases and Payments
You agree to pay all fees, shipping/handling charges, taxes and government charges associated with your purchases from this Site as displayed during checkout and on your order confirmation, if applicable. All payments will be processed by third party payment processors. We have no control over these payment processors and take no responsibility for payments processed through third party systems.
If you purchase an Item, different shipping, handling and processing fees may apply as clearly marked during checkout and on your confirmation email. We reserve the right to change prices, shipping and handling costs or fees at any time without notice.
You are responsible for providing and maintaining accurate billing and payment information. By submitting an order, you represent that you are authorized to submit payment via the payment method you selected.
7. Return Policy
Items may be returned within 30 days of the original purchase date for a full refund, minus any shipping/handling charges. Items must be in new, unused condition with all original packaging and documentation to qualify for a return. Custom or personalized Items may not be returned.
To request a return, please email [email protected] or contact us to obtain an RMA number prior to shipping any Items back to us. You will be responsible for all return shipping costs. Upon receiving and inspecting your return, we will process your refund back to your original payment method. Please allow 5-7 business days for your account to reflect the refund after we receive and process your return.
8. Shipping Policy
We will make every reasonable effort to ship all in-stock Items within 3-5 business days after payment is received. Actual ship dates and delivery times may vary due to differences in items, destination addresses, shipping methods, and unforeseen circumstances such as weather, natural disasters, strikes, customs delays, uncontrollable postal delays, or inaccurate shipping information provided by you.
We do not guarantee any specific ship-by or delivery dates and reserve the right to adjust stated lead times in the event of unforeseen circumstances. We also do not guarantee shipment tracking information beyond the time it is marked as delivered by our shipping partner. We are not liable for any lost shipments beyond the time they are marked delivered.
9. Accuracy of Information
We make every effort to provide complete, accurate, up-to-date information on this Site. However, we do not warrant that product descriptions, pricing, photos, technical specifications, availability, or other Site Content is accurate, complete, reliable, current, or error-free. In the event of inaccuracies, only the Terms in effect at the time of sale will govern transactions and orders placed on this Site.
We reserve the right to correct any pricing errors, inaccuracies or omissions at any time and bill you for any under-charged amounts. If payment has already been made, we will cancel or reverse any orders where listed or confirmed prices were inaccurate. In such cases, we may request that you place the order again if you wish to purchase the Item.
10. External Links
This Site may contain links to third party websites, services or resources that we do not own or control. We provide such links solely as a convenience to Users. We are not responsible for the availability, content or policies of any third party websites or resources linked to on the Site. Your use of such sites and resources is at your own risk.
Inclusion of any linked website on the Site does not imply our approval or endorsement. We reserve the right to terminate any link without prior notice. Please contact the external site for answers to questions regarding its content, operations or policies.
11. Intellectual Property
The Site design, layout, look, appearance, trademarks, services marks, branding, and all other intellectual property relating to the Site (“Site IP”) are owned by Sunbuck® Amplifier, Equalizer and/or its affiliates and licensors.
Using the Site does not grant you any rights or license to the Site IP or the Content, Services or Materials contained therein, other than as explicitly provided in Section 4.
Any rights not expressly granted herein are reserved by Sunbuck® Amplifier, Equalizer.
12. DMCA Policy
We respect the intellectual property rights of others. Upon proper notice, we will respond expeditiously to legitimate claims of copyright or trademark infringement, and disable or remove infringing material from the Site where appropriate.
If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- Identification of the content that is claimed to be infringing your rights. Please provide the exact URL or description of the infringing content.
- Identification of the material that is claimed to be infringing and needs to be removed, including description, URL, and proof of ownership if applicable.
- Your name, address, phone number and email address.
- A statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by you as the rights owner, your agent, or by law.
- A certified electronic signature or physical signature of the owner, or authorized signatory, of the rights claimed to be infringed.
Notices of alleged copyright infringement on this Site must be provided to our Copyright Agent via email at [email protected] or to our address at:
Sunbuck® Amplifier, Equalizer Legal Dept.
123 Sunbuck Way
Nashville, TN 37205
We will respond and address all proper DMCA takedown notices according to the procedures outlined in the DMCA. Submitting a DMCA notice is the proper process for requesting that allegedly infringing material be removed from this Site.
13. Disclaimers
Your access to and use of this Site is at your own risk. The Content, Services, Items and Site are provided on an “as is” and “as available” basis without any warranties of any kind, expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights.
Sunbuck® Amplifier, Equalizer makes no representation or warranties:
- That the Site, Services, Content or Items will meet your requirements or expectations.
- That access to the Site will be uninterrupted, timely, secure, error-free or virus-free.
- Concerning any Content or information provided through the Site.
- Concerning the accuracy, reliability, completeness or timeliness of Materials or descriptions of Items on the Site.
- That your access and use will not infringe the rights of others.
- That the Site, Services, Content, Items or will be secure or free from bugs, viruses, interference, hacking or other vulnerabilities.
We do not guarantee any specific results from use of the Site. No advice given on or through the Site shall create any warranty.
ANY MATERIAL ACCESSED, DOWNLOADED OR OBTAINED THROUGH USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR DATA THAT RESULTS FROM THE USE OF MATERIALS OR THE SITE.
14. Limitation on Liability
IN NO EVENT WILL SUNBUCK® AMPLIFIER, EQUALIZER OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, VENDORS, CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, SERVICES OR MATERIALS ON THE SITE.
THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION THAT MAY BRING CLAIMS AGAINST SUNBUCK® AMPLIFIER, EQUALIZER AND WHETHER SUCH DAMAGES ARE SOUGHT BASED ON BREACH OF CONTRACT, TORT LIABILITY OR ANY OTHER LEGAL THEORY.
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY AS SET FORTH HEREIN. IF ANY PART OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THESE TERMS WILL REMAIN IN EFFECT.
15. Indemnity
You agree to defend, indemnify and hold harmless Sunbuck® Amplifier, Equalizer and our directors, officers, employees, agents, partners, vendors, and content or service providers from any losses, damages, liabilities, claims, actions, proceedings, investigations, judgments, settlements, and costs (including without limitation reasonable legal and accounting fees) that arise from or relate to:
- Your use or misuse of the Site, Content or Services
- Your User Content
- Your violation of these Terms or any additional terms, policies, warnings, warranties or instructions provided by Sunbuck® Amplifier, Equalizer
- Your violation of any state or federal laws, rules, regulations or rights of a third party through use of the Site or Services.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us for an action or claim brought against Sunbuck® Amplifier, Equalizer.
16. Termination
We reserve the right to suspend, restrict or terminate your access to the Site, Content, Services or Items at any time, for any reason without prior notice or liability. We may change, restrict access to, suspend, or discontinue any part of the Site or Services at any time.
Your privileges to use the Site and Services automatically terminate in the event that you violate these Terms in any manner. Upon any expiration or termination of your access to the Site or Services, your right to access or use the Site or Services immediately ceases.
Termination or expiration shall not affect accrued rights or liabilities according to these Terms. All provisions that operate to protect our interests will survive termination of these Terms.
17. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Tennessee excluding any conflict of laws principles. All matters relating to your access or use of the Site will be governed by the laws of the United States and the State of Tennessee.
Any legal action against Sunbuck® Amplifier, Equalizer related to these Terms or use of the Site must be initiated in the state or federal courts located in Davidson County, Tennessee. You hereby consent and submit to the exclusive personal jurisdiction and venue of such courts for all such actions.
18. Dispute Resolution
Please read this dispute resolution provision carefully. Unless you opt out by following the steps below, it will apply to any dispute you have with Sunbuck® Amplifier, Equalizer. If opting out, all other Terms will continue to apply as written.
- Opt-Out Procedure: You may decline this dispute resolution procedure by emailing us at [email protected] within 30 days of first accessing or using the Site. Please specify “Dispute Resolution Opt-Out” in the subject line and include your full name and address in the body.
- Arbitration Procedures: If not opted out, any controversy or claim arising out of or relating to these Terms, your use of this Site, or any products, services or Items provided shall be settled by binding arbitration administered by JAMS or an agreed alternative arbitration service, fully in accordance with the rules of the selected service.
- Class Action Waiver: All claims must be brought in a party’s individual capacity and not as a class action plaintiff or class member in any purported class, collective, consolidated, representative or private attorney general proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any type of class or representative proceeding.
- Arbitration Fees: The party initiating arbitration shall be responsible for filing fees up to $200, and Sunbuck® Amplifier, Equalizer will split remaining JAMS filing, administrative, and arbitrator fees with you. For claims up to $75,000, Sunbuck® Amplifier, Equalizer will consider in good faith paying these remaining fees if you cannot obtain a waiver and are unable to pay JAMS fees.
- Location: If you reside in the United States, arbitration shall take place in Nashville, Tennessee. For residents outside of the United States, arbitration shall be initiated in Davidson County, Tennessee.
- Remedies: The arbitrator may award the same damages, declaratory, and injunctive relief available in court regarding any claims presented.
- Opinion & Awards: Any opinion or award rendered shall include written findings of fact and conclusions of law, and will be final, binding and conclusive on all parties. Judgment upon any award may be entered in a court of competent jurisdiction.
This dispute resolution provision shall survive termination of these Terms.
19. Modifications
We reserve the right to modify these Terms upon notice published on this Site. Your continued use of the Site signifies acceptance of the amended terms. You should revisit these Terms regularly to ensure you are aware of any changes.
If a revision meaningfully reduces your rights, we will endeavor to provide advanced notice and obtain your consent as required by law.
20. Severability
If any part of these Terms is found unlawful, void, or inoperative for any reason, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions of the Terms.
21. Entire Agreement
These Terms constitute the entire agreement between you and Sunbuck® Amplifier, Equalizer relating to your access to and use of this Site. These Terms supersede any prior understanding, agreements or representations regarding your access to or use of the Site or content therein.
22. Questions?
If you have any questions, feedback or comments, please reach out to us at:
Sunbuck® Amplifier, Equalizer
123 Sunbuck Way
Nashville, TN 37205
Email: [email protected]
Phone: (615)123-4567
We are constantly striving to improve your experience with Sunbuck® Amplifier, Equalizer. We appreciate you taking the time to review our full Terms & Conditions.