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Legal Stuff

TERMS & CONDITIONS

Prices: Prices are subject to change without notice. The price charged will be those in effect at the time the order is received by CADENCE.

Delivery: CADENCE will make every attempt to ship within a reasonable period from receipt of order. CADENCE shall not be held liable for loss or delays beyond its reasonable control, including but not limited to, delays or shortages in transportation or manufacturing. A 15% restocking fee, plus shipping costs will be assessed if any shipments are refused.

Cancellation: Orders may not be cancelled (in whole or part) without written consent by CADENCE. If applicable, a 15% restocking fee, plus shipping and handling costs will be assessed for orders cancelled after the product has been shipped.

Controlling Law: The validity and interpretation of these Terms and Conditions of Sale will be governed solely in accordance with the laws and state of California. Note: If any provision herein or portion thereof shall for any reason be held invalid or unenforceable, such invalidity and unenforceability shall not affect any other provision or portion thereof.

Products: Specifications are subject to change and actual product may vary and differ from image show

General Warranty

CADENCE warrants its products to be free from defects in material and workmanship for a period of One year from the date of shipment within North America. If you believe any CADENCE product that you have purchased has a defect in material or workmanship or has failed during normal use within the warranty period, please contact CADENCE at 626-465-3383 for assistance. Upon inspection by CADENCE, should product repair or replacement be deemed necessary under this warranty to manufacturing defects, CADENCE will, at its sole discretion, repair or replace the defective product with new or re-manufactured product at no charge. The Customer will be solely responsible for all shipping charges, freight, insurance, and proper packaging to prevent damage or breaking in transit. All shipments of repaired or replaced products by CADENCE will be FOB from CADENCE at 859 Lawson St, City of Industry CA 91748-1104 US

WARRANTY EXCLUSIONS

Technical Support should be pursued through channels offered by CADENCE Tech Support. CADENCE accepts no liability caused by aftermarket software or hardware modifications or additions. CADENCE is not responsible for giving any technical support concerning the installation or integration of its products the customer did not pay to install. CADENCE is not responsible for loss of time, even with product failure. Customers are responsible for making sure the installation of product is done correctly. CADENCE is not responsible for any loss of work (“down time”) caused by a product requiring service. This warranty is null and void if the defect or malfunction was due to damage resulting from operation not within manufacturer specifications. It will also be null and void if there are indications of misuse and/or abuse. CADENCE has the option of voiding the warranty if anyone other than an CADENCE technician attempts to service the product. CADENCE will not warrant any problems arising from an act of God (lighting, flooding, tornado, etc.), electrical spikes or surges, or problems arising out of hardware, software, or additional devices added to complement any system/component. Under no circumstances will CADENCE be responsible for any refund or remuneration exceeding the original purchase price of the product less any shipping fees. CADENCE will not be held responsible for typographical errors on sales receipts, repair tickets, or on our website. CADENCE makes every effort to make sure all information on our website is correct. This warranty is limited and does not cover claims for damage caused by misuse, abuse, neglect, alteration, or burnt/overheated voice coils, normal wear and tear, and is limited to material failures or defects arising during normal use.

PRIVACY

Effective Date: January 2, 2019

The Cadencesound.com website (this “Site “) is owned and operated by Cadence Sound Inc. a company based in California (“CADENCE” or “we” or “us”). At CADENCE, we value our customers’ trust and respect your privacy. This Privacy Policy describes how we collect, use and share user information in connection with this Site. This Privacy Policy applies only to information collected online through this Site and does not apply to information collected offline.

NOTICE TO CALIFORNIA RESIDENTS – Your California Privacy Rights:

Pursuant to Section 1798.83 of the California Civil Code (known as the “shine the light” law), a California resident has a right to know from a business, with whom he or she has an established business relationship, what personal information (if any) the business has shared with third parties during the immediately preceding calendar year for such third parties’ direct marketing uses, as well as the identities of such third parties.

We do not knowingly share your personal information with third parties for such third parties’ direct marketing uses, unless we have obtained your opt-in consent to such sharing.

Any request for an information-sharing disclosure under this law should be sent to us via email at service@cadenceacoustics.com .Please note that under this law, we are not required to respond to a California resident‘s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email address designated above.

Do Not Track Disclosure

1.INFORMATION WE COLLECT

1.1 Personally Identifiable Information (“PII”): This is information that identifies you personally, such as your name, street address, email address, phone number, and order and payment information. We do not collect PII from you unless you voluntarily provide it to us. We ask for and collect your PII when you engage in an identification activity on our website, such as creating an account, placing an order, submitting a request or inquiry, answering a survey or otherwise providing feedback, signing up for our contact lists, or entering a sweepstakes or other promotion offered on this Site (each, an “Identification Activity”). Whether or not to disclose PII is completely your choice. However, without providing PII you will not be able to engage in or complete an Identification Activity. You must be 18 or older to engage in an Identification Activity on this Site.

1.2 Aggregate and Anonymous Information (“AAI”): This refers to information that does not identify you personally. For example, we and our service providers collect anonymous group data (demographics, interests and preferences, etc.) about users of our website, as well as traffic data such as total page views in a given time period; average amount of time users spend on our website, how many times a particular piece of content on our website was viewed or downloaded by our users, etc. Moreover, we may combine UAI (as defined below) about you and other users of this Site to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users as a group. In addition, we may take PII and make it non-personally identifiable, such as by aggregating your information with information about other individuals, or by removing personally-identifiable elements (such as names) so as to “anonymize” or “de-personalize” your information.

1.3 User Activity Information (“UAI”): This refers to information we collect about user activities on this Site. For example, we and/or our service providers may use cookies and/or similar technologies to collect “clickstream data” about users of our website, such as: IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet), the type of browser you are using (e.g., Firefox, Internet Explorer), the type of operating system you are using, (e.g., Microsoft Windows or Mac OS), the domain name of your Internet service provider, the web pages you have visited, the content you have accessed and the advertisements you have been shown and/or clicked on, etc. See the Cookies and Similar Technologies section below for more information.

NOTE: To the extent we use UAI in a manner that identifies a person individually (e.g., if we link or associate such information with name or address), such information will be treated as PII. Otherwise, UAI will be treated as AAI.

2. WHAT WE DO WITH THE INFORMATION

The following describes how we use and share information (including PII) collected from and about users of this Site:

To provide, manage and improve this Site: This includes using PII to enable, administer and manage our users’ Identification Activities.

To communicate and keep in touch with our users: This includes informing users about changes to this Site or this Privacy Policy or our Terms of Sale or other terms or policies, and sending information that users have requested or that may be of interest to users (such as our new products, special offers, upcoming promotions, etc.).

To share with co-sponsors: From time to time, we may conduct promotions with one or more third-party co-sponsors. If you participate in such a co-sponsored promotion, we may ask you to affirmatively consent to our sharing of your PII with our co-sponsor(s), with the understanding that our co-sponsor(s) may use the information for its/their own direct marketing purposes and that we will have no control over such use by our co-sponsor(s).

To share with third-party service vendors: If you make a purchase on this Site, or if you make a warranty claim on a purchased product or return a purchased product, we will disclose your transaction information (including your PII) to our applicable service vendors so that they can perform the necessary services and tasks to process, fulfill and ship your order, or to perform warranty services to you, or to process return/refund on your order (as the case may be). We also use third-party service vendors to assist us with this Site’s operation, maintenance, security, etc. and may allow such vendors to access our users’ information (including PII) so that they can perform the necessary services and tasks for the operations of this Site. We require that our service vendors limit their use of our users’ information solely to performing the necessary services and tasks for us and this Site, and that they use reasonable safeguards to protect the information and not make unauthorized use or disclosure of the information.

To share with our product manufacturers: If you make a purchase on this Site, or if you make a warranty claim on a purchased product or return a purchased product, we may also share your transaction information (including your PII) with our product manufacturers for their internal business and operational purposes (such as monitoring product sales, forecasting product demands, maintaining a proper level of inventory, etc.).

To protect our rights, etc.: We may disclose your information (including PII) if doing so, in our good faith belief, is necessary to: (i) protect the rights, property, safety or security of CADENCE , our users, and/or the public (including enforcement of the terms of this Privacy Policy and/or our other terms and policies); (ii) protect against fraud or for risk management purposes; (iii) comply with law or legal process (including a court order or subpoena); and/or (iv) to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity).

To complete a merger, sale of business or assets, etc.: If we are involved in a merger, acquisition, financing, or sale of business or assets, information collected from and about our users (including PII) may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third-party privacy policy or policies may govern further use of the information.

Use and sharing of AAI: Because of the anonymous, non-personally identifiable nature of AAI, there are no restrictions under this Privacy Policy on how we may use and share AAI.

3. INFORMATION SECURITY

3.1 We use commercially reasonable measures to safeguard the security of this Site. We store our customer information in encrypted form using industry-standard Secure Socket Layer (SSL) technology. We also limit access to our customer information to only those of our employees, agents, contractors and service providers who need to access such information in order to perform tasks for us, and we require that they not make any unauthorized use or disclosure of such information.

3.2 We use a third-party e-commerce service vendor to host checkout and payment processing

3.3 Despite our efforts, no method of electronic transmission or storage is 100% secure and, therefore, we and our service vendor cannot guarantee the absolute security of our users’ account information. We will endeavor to notify our users if and to the extent required by law, in the event we become aware of a breach or suspected breach of the security of this Site that affects our customers’ account information. However, you understand and acknowledge that we are not liable for any breach of security resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism. By providing your email address to us, you acknowledge and agree that we may notify you via email regarding an actual or suspected security breach.

4. INFORMATION ACCESS AND CHOICE

4.1 If you have provided PII to us on this Site and you wish to view, update, or delete your information, or if you wish to stop (opt-out) receiving further marketing communications (emails, postal mailings, etc.) from us, please Contact Us. We will endeavor to process your request as soon as reasonably practicable upon receipt (or within such time as required by applicable law).

4.2 However, by providing PII to us, you expressly acknowledge and agree as follows:

We reserve the right to retain your information if doing so, in our good faith belief, is necessary to comply with law or legal process (including a court order or subpoena), to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity), to complete a pending transaction, to resolve a claim or dispute, or to enforce an applicable agreement between you and us.

Your opt-out from our marketing communications will not apply to our communications of a transactional or relationship nature or as required by law. Examples of such communications include: our notices to customers regarding their accounts or orders; our replies to requests and inquiries from customers; our notices to customers regarding changes to this Site or this Privacy Policy or our other terms or policies; our notices to customers regarding an actual or suspected security breach that affects customer PII stored by or for us, etc.

If you are a participant in a promotion that is co-sponsored by us with one or more third-party co-sponsor(s), your opt-out will not stop our co-sponsor(s) from sending you marketing/promotional communications, and you must contact our co-sponsor(s) directly in order to opt out from its/their further use of your PII for direct marketing purposes.

5. COOKIES AND SIMILAR TECHNOLOGIES

5.1 Our Use of Cookies and Similar Technologies: Cookies are small data files that websites and online services send to and store on your computer or mobile device through your web browser (if you allow). Cookies enable websites and online services to recognize your browser and record certain information about your visits. We use cookies on this Site to help us remember who you are, to enhance and personalize your experience, to understand and save your preferences for future visits, to compile information about our users, and to carry out other tasks relating to the operation or improvement of this Site. We may also use information collected from cookies together with PII we have collected from our users. We do not, however, use cookies to access information on your computer or mobile device. Most web browsers are initially set to accept cookies, but you can change your browser settings to notify you when you are sent a cookie, giving you the ability to accept or reject it, or you can choose to routinely and manually delete cookies stored on your computer or mobile device. Each time you revisit this Site, your ability to restrict our use of cookies on that service is subject to your browser settings and limitations at the time. Please note that if you disable or reject cookies from this Site, this Site or some portions of it may become inaccessible or may not function properly. To learn more about how to manage cookies, please visit http://www.aboutcookies.org/. To manage Adobe Local Shared Objects (also known as LSOs or Flash cookies), please visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

We may also use “web beacons” (also known as “clear GIFs,” “pixel tags,” etc.) – which are small bits of code embedded in web pages or in emails – to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We may include web beacons in emails to help us recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

5.2 Third-Party Use of Cookies and Similar Technologies: We may from time to time allow third parties to serve and manage advertisements on this Site. Such third parties may set and use their own cookies, tags, web beacons, etc. on your computer or mobile device when you interact with their ads. These third-party cookies, tags, web beacons, etc. allow third parties to recognize your computer or mobile device each time they send you an ad and to compile information about your interactions with their ads. Such third parties may also use cookies, tags, web beacons, etc. to collect, compile and use information about your activities across this Site and third-party websites for purposes of serving you interest-based advertising. For more information regarding online advertising and information practices of some of these third parties and how to opt out of their use of your information, please visit:

http://www.aboutads.info/consumers/

http://www.aboutads.info/choices/

http://www.networkadvertising.org/choices/

Third-party use of cookies, tags, web beacons, etc. is governed by the privacy policies of such third parties – and not by this Privacy Policy. We have no control over what information is collected by such third parties or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from those of CADENCE, and we make no representation or warranty whatsoever about such third parties’ information policies and practices.

6. PROTECTING CHILDREN

This website is directed to adults and is not directed to children under the age of 13. We do not knowingly collect or use personally identifiable information from anyone under the age of 13.

7. Links to Other Sites

For your convenience, this Site may provide links to websites, products and services owned or operated by third parties (each, a “Linked Third-Party Product/Service”). Such linking does not mean, and should not be deemed or construed to mean, that we endorse or approve or are affiliated with a Linked Third-Party Product/Service. We neither control nor are responsible for any Linked Third-Party Product/Service. Specifically, we are not responsible for the data privacy and security policies or practices of the provider of a Linked Third-Party Product/Service. When you leave this Site to visit a Linked Third-Party Product/Service, this Privacy Policy no longer applies, and any information collected from or about you by the provider of a Linked Third-Party Product/Service will be governed by and subject to the privacy policies and practices of that provider, which may be substantially different from our policies and practices. The provider of a Linked Third-Party Product/Service may set or use its own cookies, web beacons, etc. to your computer or mobile device, and may collect information from and about you and use the information in ways that we would not. You access a Linked Third-Party Product/Service entirely at your own risk. You should always read the privacy policy associated with a Linked Third-Party Product/Service before disclosing any personal information.

8.CHANGES TO PRIVACY POLICY

From time to time, we may update and modify this Privacy Policy to accommodate new technology, industry practices, regulatory requirements, or for other purposes. We will provide you with notice if the changes are material and, where required by applicable law, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have an account on this Site, we may ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on this Site. By continuing to use this Site after such notice and/or consent, you accept and agree to be bound by this Privacy Policy as modified.

9. CONTACT US

If you have questions regarding this Privacy Policy, please email us at support@cadencesound.com or call us at 1-626-465-3383, or write to us at the following address:

Cadence Sound Inc.

Attn.: Customer Service

859 Lawson St, City of Industry

CA 91748-1104

CONSUMER POLICY

RETURN MERCHANDISE AUTHORIZATION (RMA)

If repairs are required, the customer must obtain a RMA number and provide proof of purchase. RMA and services are rendered by CADENCE only. Any shipping costs after 30 days (starting from the original date of purchase) on any item returned for repair is the customers’ responsibility. All returned parts must have a RMA number written clearly on the outside of the package along with a letter detailing the problems and a copy of the original proof of purchase. No COD packages will be accepted. No package will be accepted without a RMA number written on the outside of the package. RMA numbers are only valid for 30 days from the date of issue.

Should you have any problems with your CADENCE product, please follow these procedures to obtain the service:

If CADENCE product must be repaired, a RMA number (Return Merchandise Authorization Number) will be issued for shipment to our repair department. Please follow the instructions given by CADENCE technical support staff to ship your product. CADENCE will not accept any shipments without a RMA number.

Pack the CADENCE product in its original box or a well-protected box, as outlined in the Return Shipping Instructions. CADENCE will not be responsible for shipping damage/loss of any product outside the original 30-day CADENCE-paid service period. Items returned physically or cosmetically damaged will be repaired and returned in the same cosmetic condition in which it was received. It is very important that you write the RMA number clearly on the outside of the package. Ship the computer with a copy of your bill of sale or other proof of purchase, your name, address, phone number, description of the problem(s), and the RMA number you have obtained to:

CADENCE Support:

RMA#____________859 Lawson St, City of Industry CA 91748-1104 US

Upon receiving your product, CADENCE will repair or replace your product (at CADENCE’s discretion) and will ship it back to you within 2 weeks (dependent on parts availability) via UPS.

Cross-exchange (Parts only): You will need to provide a valid credit card number as a deposit guarantee when the RMA number is issued. Once approval has been obtained on your credit card, the part(s) will be shipped UPS. You will need to ship defective part(s) back to CADENCE within 15 days to avoid charges to your credit card. If such charges are incurred, the shipped part(s) will be billed at the then current price.

CADENCE will pay for shipping to and from the customer only within the first thirty days following the original product ship date. Following the 30-day period all shipping fees both for warrantable and post warranty repairs are the sole responsibility of the customer. The customer also assumes full liability for losses or damages resulting from shipping as well as all responsibility to pursue remuneration for such issues with their selected carrier.

COPYRIGHT

CADENCE Copyright and Trademark

The name “CADENCE” and the logo are the trademarks of CADENCE and CADENCE is a Division of H&N Brothers Co., Ltd.

Website Copyright

Except as otherwise indicated elsewhere on this Site, you are free view, download and print the documents and information available on this Site subject to the following conditions:

You may not remove any copyright or other proprietary notices contained in the documents and information on this Site.

The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download and print the documents and information available on this Site are not applicable to the graphical elements, design or layout of this Site. These elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.