Terms and Conditions for Equipment & Software Purchases


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1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE WAIVER OF JURY TRIALS AND THE WAIVER OF CLASS ACTIONS.
BY PLACING AN ORDER FOR EQUIPMENT FROM THIS WEBSITE, YOU, ON BEHALF OF YOURSELF AND ANY ENTITY THAT YOU REPRESENT OR ARE ACTING ON BEHALF OF (COLLECTIVELY, "YOU"), ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN EQUIPMENT FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SUBSPLASH, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of equipment through Subsplash, Inc.'s website (the "Site"). These Terms are subject to change by Subsplash, Inc. dba StreamSpot (referred to as "us", "we", or "our" as the context may require), without prior written notice at any time, in our sole discretion.

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all equipment listed in your order. All orders must be accepted by us or we will not be obligated to sell the equipment to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Subsplash, Inc. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by sending an email to billing@subsplash.com.

3. Prices and Payment Terms.

  • (a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
  • (b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. If we reject an order after payment is received, you will be refunded the amount paid. You represent and warrant that (i) any credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use any such credit card for the purchase, (iii) any charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. Shipments; Delivery; Title and Risk of Loss.

  • (a) We will arrange for shipment of the equipment to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
  • (b) Title and risk of loss pass to you upon our transfer of the equipment to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

5. Returns and Refunds. We will accept a return of the equipment for a refund of your purchase price, less the original shipping and handling costs and our restocking fee if applicable (as described below), provided such return is made within 30 days of purchase and provided such equipment are returned in their original condition. To return equipment, you must email our Returns Department at billing@subsplash.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. A restocking fee of 10% of the total purchase price of each item (excluding shipping & handling) is required for all returns.
Your refund will be credited back to the same payment method used to make the original purchase on the Site.

6. LIMITED WARRANTY.

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE EQUIPMENT PURCHASED FROM THE SITE WILL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP.

EXCEPT FOR THE LIMITED WARRANTY ABOVE, SUBSPLASH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE EQUIPMENT IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT AND DISCUSSED BELOW. NO PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

  • (a) Who May Use This Warranty?
    This limited warranty extends only to the original purchaser of equipment from the Site. It does not extend to any subsequent or other owner or transferee of the equipment.
  • (b) What Does This Warranty Cover?
    This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship for equipment that is specifically identified as being subject to the Subsplash warranty (the "Subsplash Warranty"). For any equipment that is not covered by the Subsplash Warranty ("Third-Party Equipment"), Subsplash will act as a liaison between you and the manufacturer for the defective products and will provide instructions for returns (i.e., RMA instructions). Subsplash, Inc. provides no additional warranty on any Third-Party Equipment.
  • (c) What Does This Warranty Not Cover?
    This limited warranty does not cover any damages due to:
    • (i) transportation of the equipment;
    • (ii) storage of the equipment by you;
    • (iii) improper use;
    • (iv) failure to follow the product instructions or to perform any preventive maintenance;
    • (v) modifications made by you or third parties;
    • (vi) combination or use with any equipment, materials, processes, systems or other matter not provided or authorized in writing by Subsplash, Inc.;
    • (vii) unauthorized repair of the equipment;
    • (viii) normal wear and tear; or
    • (ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
  • (d) What is the Period of Coverage?
    This limited warranty starts on the date of your order is placed and lasts for twelve (12) months (the "Warranty Period".) The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
  • (e) What Are Your Remedies Under This Warranty?
    With respect to any defective equipment, we will during the Warranty Period, in our sole discretion, either: (i) repair or replace such equipment (or the defective part) free of charge or (ii) refund the purchase price of such equipment. We will also pay for shipping and handling fees to return the repaired or replacement equipment to you if we elect to repair or replace the defective equipment.
  • (f) How Do You Obtain Warranty Service?
    To obtain warranty service, you must email our Customer Service Department at billing@subsplash.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.
  • (g) Limitation of Liability
    THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE EQUIPMENT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES, LOSS, OR INJURY CAUSED BY OR RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SUBSPLASH’ RECORDS, PROGRAMS, OR SERVICES, LOSS OF PRODUCTION, WORK, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE, ANY DIMINUTION IN VALUE, OR COSTS OF REPLACEMENT GOODS.
  • SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IF YOU ARE IN THOSE STATES THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Goods Not for Resale or Export.

You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying equipment from the Site for your own use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").

8. Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of nature, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

9. Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington.

10. Jury Waiver; Class Action Waiver; Jurisdiction; Arbitration.

  • (a) YOU AND SUBSPLASH, INC. AGREE TO WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIM, DISPUTE, LAWSUIT, PROCEEDING, OR CONTROVERSY(WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND SUBSPLASH, INC. (EACH, A "DISPUTE")
  • (b) NEITHER YOU NOR SUBSPLASH, INC. SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR PURSUE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
  • (c) In the event of any controversy between the parties, the parties hereto shall consult and attempt to reach a solution satisfactory to both parties. If they fail to do so within a period of thirty (30) days, then either party may, by notice to the other, demand mediation under the mediation rules of the American Arbitration Association. If resolution is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim (other than claims identified in the Subsplash Privacy Policy) shall be settled by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington. The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties unless the arbitration determines that the expenses shall be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings shall be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit shall not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the equipment purchased be instituted more than two (2) years after the cause of action arose. In the event that any term of this Section is held to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified automatically to comply with such provision and the remainder of this Section shall not be affected.

11. Assignment.

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

12. No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Subsplash, Inc..

13. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

14. Notices.

  • (a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
  • (b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Subsplash, Inc. DBA StreamSpot, to 120 E. 8th Street Suite 3300, Cincinnati, OH 45202, Attn: StreamSpot Customer Department . We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

15. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

16. Entire Agreement. Our order confirmation and these Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.