YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING "I ACCEPT" IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT BEATS MAKES FROM TIME TO TIME.
- ToU Updates.
Beats will revise this ToU as the Site and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToU. You must agree to all revisions if you choose to continue using the Site and/or Service. By using the Site and/or Service, you agree to the then-current version of this ToU as posted on the Site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Service.
- Termination of Service.
Beats reserves the right to deny service to any person at Beats' sole and absolute discretion. The Service is offered with the understanding that Beats may terminate your access to the Service at any time, for any reason or no reason, including without limitation for any violation of this ToU. Beats may stop offering and/or supporting the Service at any time.
- Orders and Payment Terms.
- After you place an order we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address. Orders will not be accepted for delivery outside of the United States. We may contact you (via email or phone) if additional information is required to accept your order. Invalid order information will result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute Beats' acceptance of your order. Without prior notification, Beats maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. Beats reserves the right not to sell to resellers. If your order is canceled, we will attempt to notify you using the e-mail address you have given us with the order. You will not be charged if your order is canceled. If your payment method has already been charged for an order that is later canceled, Beats will issue you a refund.
- Beats does sell products through its Web Store for children, but only to adults, who can purchase with a credit card or other permitted payment method as described above. If you are under 18, you may use the Web Store only with involvement of a parent or guardian.
- We accept various payment methods for Product purchases through our Web Store, including various credit cards and debit cards. We will bill your payment method when you place an order for a Product through the Service. Beats will not fulfill any Product order without authorization validation of your purchase from your payment method.
- You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time. Additionally, we have endeavored to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase through the Service; however, there is no warranty or guarantee that the colors, sound quality, product descriptions or other content of the Service is accurate, complete, reliable, current, or error-free.
- We will ship the Products you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service and delivery dates and times are not guaranteed. During busy times, such as holiday periods, and periods of inclement weather, there can be additional processing and shipping delays. If there is a problem with a delivery, including, but not limited to, damage, loss or late delivery, you agree to hold shipping service liable and to contact Beats Consumer Support to resolve the issue. You agree not hold Beats liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. All merchandise is shipped F.O.B. from any place we designate the merchandise leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise due to circumstances in which we take this action.
- Products purchased from Beatsbydre.com are easily returned within 30 days of receipt of shipment in accordance with our Return Policy. These Products must be in new condition with original packaging and accessories. Products missing the serial number or UPC cannot be accepted; refunds will not be issued for such items. You can return such items by contacting us at 1-800-442-4000.
- Restrictions and Conditions of Use
Use of Site and Service.
Beats permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. Beats reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
No Violation of Laws.
You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Misuse of Site and/or Service.
You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person's use of the Site and/or Service; or (b) attempt to gain unauthorized access to the Site, Service, or the computer systems or networks connected to the Site and/or Service. Furthermore, you may not use the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site and/or Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding Beats and/or the Service; or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
No Commercial Uses.
You agree that you will not use the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site or Service.
No Data Mining or Harmful Code.
You agree that you will not (a) obtain or attempt to obtain any information from the Service; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or the Service.
The Site and Service contains services and features that are available to or through certain mobile devices. Your carrier's normal rates and fees apply. We do not guarantee that any or all Services will work with or be accessible through all carriers or devices.
Links from the Site.
The Site may contain links to websites operated by other parties. Beats provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Beats, and Beats is not responsible for the content available on the other websites. Such links do not imply Beats' endorsement of information or material on any other website and Beats disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site.
Unless otherwise set forth in a written agreement between you and Beats, you must adhere to Beats' linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Beats' and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Beats, (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking site, and (iv) Beats reserves the right to revoke its consent to the link at any time and in its sole discretion.
- Social Networks
The Service includes features that operate in conjunction with certain third party social networking websites that you visit ("Social Network Features"). While your use of the Social Network Features is governed by this ToU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for Beats to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites which could result in the termination of your account and ability to access these third party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT BEATS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.
- Intellectual Property
Beats, Beats by Dr. Dre and the circle b logo are trademarks/service marks of Beats. Unauthorized use of any Beats trademark, service mark or logo may be a violation of federal and state trademark laws.
The Site and Service and the content made available through the Site and Service are protected by U.S. and international copyright laws. You may not use, modify, reproduce or distribute any of the content, or the design or layout of the Site or Service, or individual sections of the content, design or layout of the Site without Beats' express prior written permission.
Beats respects the intellectual property rights of others, and requires that the people who use the Site and the Service do the same. Beats maintains a policy of termination in appropriate circumstances of users who use the Site and/or Service for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent: Legal Department
Beats Electronics, LLC
1601 Cloverfield Blvd. Suite 5000N
Santa Monica, CA 90404
The Site and the Service are operated by Beats in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
- Submitted Content.
Beats does not claim ownership of any materials you make available through the Site. At Beats' sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, including without limitation the Postings (as defined below) you grant Beats a perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 11. You also grant us the right, but not the obligation, to use your name, likeness, and identity in connection with your Postings. You also grant other users of the Site permission to access, use, record, reproduce, distribute, publicly display, publicly perform, and prepare derivative works of your Postings in any medium (whether now known or later developed). You voluntarily waive all moral rights you may have in your Postings. We do not guarantee any confidentiality with respect to any Postings that you may submit, upload, post or otherwise provide to the Site, and it is your responsibility to protect any rights that you may have in your Postings. Please also be aware that any personally identifiable information that you choose to include in your Postings for publication on the Site will not be protected. If Beats has provided you with any free or discounted product or other item of value (other than sales and discounts available to the general public), you agree to disclose the value received in your Postings in compliance with Section 5 of the Federal Trade Commission Act.
- Site - Provided Postings
The Site may provide users with the ability to post messages on the Site. Beats is under no obligation to review any messages, information or content ("Postings" )posted on the Site by users and assumes no responsibility or liability relating to any Postings. Notwithstanding the above, Beats may from time to time monitor the Postings on the Site and may remove any Postings at its sole discretion.
The Site and the Service are not directed toward children under 13 years of age nor does Beats knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Beats.
- DISCLAIMER OF WARRANTIES
THE SITE, PRODUCTS AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BEATS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. BEATS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
- LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEATS, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, PRODUCTS AND/OR SERVICE, EVEN IF BEATS AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF BEATS OR ANY OF THE RELATED PARTIES EXCEED THE LESSER OF (I) US$100.00 OR (II) THE AMOUNT YOU PAID US FOR USE OF THE SITE OR SERVICE DURING THE SIX (6) MONTHS PRIOR OT THE TIME THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY AROSE.
BEATS WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES OR DAMAGES INCURRED IN CONNECTION WITH THE SERVICE OR THE PURCHASE OF PRODUCTS, TO THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS OR OMISSIONS; (2) YOUR VIOLATION OF ANY OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY CONTAINED IN THIS TOU; (3) YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER INFORMATION THAT YOU ARE ASKED TO PROVIDE IN CONNECTION WITH THE SALE OF THE PRODUCTS; (4) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING THIRD PARTIES CONTRACTED BY BEATS; OR (5) NONDELIVERY, MISDELIVERY OR LATE DELIVERY OF PRODUCTS OR PRODUCTS LOST OR DAMAGED IN SHIPMENT.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Beats and its affiliates shall be limited to the fullest extent permitted by law.
You agree to indemnify, defend and hold Beats and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys' fees, resulting from or arising out of your use of the Site and/or the Service, your negligent or intentional misuse of the Products or any breach by you of this ToU or any other policies that Beats may issue for the Site and/or Service from time to time.
- Governing Law; Jurisdiction.
This ToU is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 18 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Site, the Products and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles, California and you agree to submit to the personal jurisdiction and venue of such courts.
- Binding Arbitration.
You and Beats agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to this ToU (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 18 will control and prevail.
Except as otherwise set forth in Section 18.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (i) you and Beats may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND BEATS WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration will take place in your hometown area if you so notify Beats in your notice of arbitration or within ten (10) days following receipt of Beats' arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.
You and Beats agree that any arbitration shall be limited to the Claim between Beats and you individually. YOU AND BEATS AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration.
You and Beats agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Beats' intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
This ToU may only be revised in a writing signed by Beats, or published by Beats on the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beats as a result of this ToU or your use of the Service.
Beats may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without Beats' prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
All notices given by you or required under this ToU shall be in writing and addressed to: Beats Electronics, LLC 1601 Cloverfield Blvd. Suite 5000N, Santa Monica, CA 90404, ATTN: Legal Department.
You hereby agree that Beats would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site and/or Service.