Terms and Conditions for Equipment & Software Purchases
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
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 firstname.lastname@example.org.
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,
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
(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
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
email@example.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
(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
(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
(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
(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 firstname.lastname@example.org during the Warranty Period to
obtain an RMA number. No warranty service will be provided without an
(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
(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
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.
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
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.
(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
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.