THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM PARAMETRIC SOUND CORPORATION ("Parametric"). PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
"Product" shall mean any item offered for sale or licensing on the ParametricSound.com Web site or Parametric's direct sales materials (ads, catalogs, specifications sheets etc.), including but not limited to hardware devices, software, accessories, configurations of hardware and software.
All orders of Products placed by you with Parametric shall be subject to acceptance by Parametric. Parametric reserves the right to reject any order, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by Parametric, the order shall not be deemed accepted by Parametric until Parametric's shipment of the product ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
PAYMENT TERMS; PRICE CONFIRMATION/BILLING ERRORS
Unless otherwise indicated, the purchase price of Products will be billed and payable in full at the time of or in advance of Product shipment. Shipment will occur upon credit card or other payment confirmation to Parametric. Parametric accepts credit cards that may change from time to time (not currently active). Parametric does not accept cash, COD or personal checks unless specific arrangements have been made for business sales. Parametric payment terms are subject to change without notice at Parametric's sole discretion. For web orders (not currently active), we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on a Parametric Web site or direct sales materials are incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Parametric shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
Parametric continually updates and revises Products. Parametric may revise and/or discontinue Products at any time. Changes in products shipped and products described on Parametric websites and/or direct sales materials are possible. Parametric Products are new unless specified as refurbished.
COUPONS & PROMOTIONAL CODES
You may not use coupons or promotional codes toward the purchase of gift cards, refurbished or open-box returned product, shipping & handling or sales tax.
Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the United States, excluding territories.
Coupon/promotional code programs may be terminated or modified by Parametric at any time in its sole discretion. Unless otherwise permitted by the terms of the promotional offers, limit of one coupon/promotion code per purchase applies.
You may receive a refund only upon advance approval of Parametric and then by shipping the merchandise back to Parametric. We provide full refunds of the purchase price when return is authorized in advance and merchandise is returned in original condition.
SHIPPING AND HANDLING/RISK OF LOSS
Product prices do not include shipping and handling unless otherwise stated on the product order page (not currently active). Parametric will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
PARAMETRIC SOUND, HSS, HYPERSONIC, HSS-III, HSS-IIIDIRECTED AUDIO, HSS-3D, HSS-3DIRECTED AUDIO, and other ParametricSound.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Parametric in the U.S. and/or other countries. Parametric's trademarks and trade dress may not be used in connection with any product or service that is not Parametric's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Parametric. All other trademarks not owned by Parametric that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Parametric.
SOFTWARE AND WEB SITE LICENSE TERMS
With respect to Parametric's Products, Parametric makes no warranties except those explicitly provided for in writing, such as those included in any documentation relating to the product. With respect to third party (i,e,. non-Parametric) Products or Accessories, such Products are sold by Parametric AS IS. However the third party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PARAMETRIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PARAMETRIC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM PARAMETRIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARAMETRIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
BOTH YOURS AND PARAMETRIC'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR PARAMETRIC BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. NEITHER YOU NOR PARAMETRIC SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Title to Product(s) other than software passes from Parametric to you upon shipment from Parametric's facility. Title to software shall remain with the applicable licensor(s).
You agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Terms of Sale and any dispute of any sort that might arise between you and Parametric Sound Corporation ("Parametric").
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
Parametric shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Parametric. Quantities are subject to availability. In the event of shortage, Parametric may allocate sales and deliveries in its sole discretion.
The failure of Parametric to exercise or enforce any right or provision of the Terms of Sale shall not constitute a waiver of such right or provision. If any provision of the Terms of Sale is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Sale remain in full force and effect.
If any provision of these Terms of Sale is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms of Sale will remain in force.
These terms and conditions constitute the entire and exclusive agreement between you and Parametric concerning the Products and your purchase hereunder and supersede any and all statements or other agreements, whether oral or written, between you and Parametric regarding the Products.
Effective Date: September 27, 2010