TERMS & CONDITIONS
RIVAAUDIO.COM, SHOP.RIVAAUDIO.COM AND THE PURCHASE OF PRODUCTS FROM RIVA.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
The web sites located at URL rivaaudioes.wpengine.com and shop.rivaaudioes.wpengine.com (“these Sites”) are managed by a third party service provider of RIVA (the “Online Store” and “RIVA Nation” and, collectively with RIVA, “we” or “us”). The following terms and conditions govern your use of these Sites and the purchase of products by you through these Sites. By using these Sites, placing an order with us or registering your product and joining RIVA Nation, you are indicating your acceptance of the following terms and conditions (the “Terms and Conditions”). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to these Sites and these Terms and Conditions at any time.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO THESE SITE
While we strive to provide the most accurate, up-to-date information available, the directories and information on these Sites may be out of date or include omissions, inaccuracies or other errors. These Sites and the materials therein are provided “AS IS.” We make no representations or warranties, either express or implied, of any kind with respect to these Sites, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THESE SITES OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of these Sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, these Sites or any other hyper-linked Web site.
You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.
CAPACITY TO CONTRACT
You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use these Sites.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
We welcome all comments, feedback, information, or materials, (“Feedback”) which you submit to us through or in conjunction with these Sites. Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.
These Sites may contain links to other Web sites on the Internet that are owned and operated by third parties. You acknowledge that we do not endorse and are not responsible for the operation of or content located on or through any such Web site.
THIRD PARTY CONTENT
Certain content from third party vendors may be made available as part of these Sites. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
SUPPORT FORUMS, BLOGS AND RATINGS & REVIEWS
RIVA may create support forums, blogs, community areas and group discussions so you can share your experiences, ask and/or answer questions, share reviews of RIVA products and services, and more (collectively referred to as “Online Communities”). We appreciate that RIVA’s Online Communities reflect the diversity of its users and is an interesting place to share, learn, and interact. In keeping with this spirit of community, we have a core set of principles and guidelines in English that must be followed by all members, participants, content contributors and users. These guidelines are incorporated into these Terms, and may be reviewed here.
POSTING OF USER CONTENT
Certain areas of these Sites may allow you to post content, including your experiences, advice, recommendations, opinions, information, messages, or other material (“Your Content”). Please be aware that these areas are public and not confidential. You may only post Your Content to public areas and where you have permission to post. You may not post any content that violates these Terms or any third party rights.
RIVA does not claim ownership of any of Your Content that you may post. However, by posting Your Content to public areas on the Website, you grant RIVA, its affiliates, partners, and distributors the perpetual, irrevocable, royalty-free right to use, copy, display, perform, distribute, adapt, create derivative works, sublicense, and promote Your Content in any medium and any manner whatsoever, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your postings to you.
NO DUTY TO MONITOR
RIVA shall have the right, but not the responsibility, to monitor and/or remove Website content that is provided by others. While some community and other areas may be monitored for relevance, we have no obligation to prescreen any content and are not responsible for the posting of such content. We reserve the right to refuse to post, to edit submitted content, and to remove content for any reason. Further, RIVA is not responsible for any failure or delay in removing content.
Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
PRICES, SHIPPING AND HANDLING CHARGES
Prices do not include charges for shipping or taxes. Separate charges for shipping and handling will be shown on the shopping cart including any additional charges, duties, taxes or fees for international shipments.
SALES AND OTHER TAXES
We are obligated to withhold sales tax for delivery within certain states and countries and all such taxes shall be automatically charged and withheld. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with the order not collected by us.
Products purchased from the shop.rivaaudioes.wpengine.com are shipped free on board (FOB) from Fulfillment by Amazon. The risk of loss passes to you when we deliver them to your designated carrier. Given the high value of these products, we strongly recommend that you *not* authorize the carrier to leave them for you without an authorized signature. RIVA will not be responsible for any theft of products that occur after your items leave our fulfillment center.
Although availability may be indicated on these Sites, we cannot guarantee product availability or immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
COMPLIANCE WITH LAWS
COMPLIANCE WITH RETURN POLICIES
You agree to comply with and be bound by the return policies in connection with returns of products purchased through these Sites. Our current return policy is incorporated herein by reference and made part of these Terms and Conditions.
Purchases made on the Sites are intended for end users only. Products sold through these Sites are not authorized for resale. The resale of or offer to sell a new RIVA patented product without the authority of Audio Design Experts, Inc. is an infringement of Audio Design Experts, Inc. patent rights. Submission of your order shall constitute your full acceptance of these resale restrictions.
TERMINATION OF USAGE
We may terminate or suspend your access to or use of all or part of these Sites, without notice, for any conduct that we believe is disruptive to these Sites or is in violation of any applicable law or these Terms and Conditions.
COPYRIGHT AND TRADEMARK NOTICE
All content included on these Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of RIVA™, the Online Store, or their content suppliers and is protected by United States and international copyright laws. All software used on these Sites is the property of the Online Store or its software suppliers and protected by United States and international copyright laws.
All marks indicated as registered on these Sites are registered trademarks of Audio Design Experts, Inc. (ADX), in the United States and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of RIVA, www.rivaaudioes.wpengine.com or their content suppliers. The trademarks and trade dress on these Sites may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on these Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
iPhone® and iPad®are trademarks of Apple, Inc registered in the US and other countries. Android® is a trademark of Google, Inc.
The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth® SIG, Inc. And any use of such marks by Audio Design Experts, Inc. is under license.
Member of the CSR plc group of companies. CSR plc registered in England and Wales, registered number 4187346, registered office Churchill House, Cambridge Business Park, Cowley Road, Cambridge, CB4 0WZ, United Kingdom
© 2013 CSR plc and its group companies.
The aptX® mark and the aptX logo are trade marks of CSR plc or one of its group companies and may be registered in one or more jurisdictions.
All other products and services may be trademarks or service marks of their respective owners.
RIVA products may be protected by one or more patents. Our patent-to-product information may be found by contacting us.
You agree that any legal action brought against the Online Store shall be governed by the laws of the State of California, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on these Sites shall be an appropriate federal or state court located in Orange County, California. We make no representations that the content in these Sites is appropriate for access outside the United States. Those who choose to access these Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from these Sites.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of the United States. The products offered here are solely for the use of our customers. You may not assign your rights or obligations under these terms and conditions without our express written consent.
HOW TO CONTACT US
If you have any comments or questions, please do not hesitate to contact us.
THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
For inquiries regarding our Terms & Conditions, contact us.
Last updated: December, 2014.