Terms of Use

Welcome to ProAudioLand.com!

We are glad you have chosen to visit our site. By using our Web site, you are accepting the following terms of use so please read them carefully. The term "Pro Audio Land", “PAL” or "ProAudioLand.com" or "us" or "we" or "our" refers to Pro Audio Land, LLC, the owner of the Web site. The term "you" refers to the user or viewer of our Web Site.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Privacy Policy

At Pro Audio Land, we are committed to your online privacy & security. Please read our Privacy Policy, which is a part of this Agreement and may change from time to time.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

Service Marks

"Pro Audio Land," "PAL," are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Errors, Corrections and Changes

We may make changes to the pricing, features, functionality or content of the Site at any time without notice to you. We do not represent or warrant that the product information, pricing, or other information available on or through the Site will be correct, accurate, timely or otherwise reliable. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We reserve the right in our sole discretion to edit or delete any documents, information, prices or other content appearing on the Site.

If you place an order for item(s) that were mispriced, you will be notified by your Sales Engineer in most cases. We apologize for the inconvenience. Please understand that we reserve the right to cancel any order for any reason at any time.

Linking to the Site

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

Registration

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

Third Party Content

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

PAYMENT METHODS

Credit Card

We can only ship your order to addresses verifiable by your issuing credit card bank. Please be sure to provide your exact billing address and telephone number which are the same as your credit card issuer has on file for you. Incorrect information will delay the processing of your order. Credit card payments will be processed for the full amount before any labor is performed on used and vintage items.

Credit Card Restrictions

Pro Audio Land retains the right to refuse credit card purchases at any time and is subject to Pro Audio Land's approval. Credit card charges for larger transactions may be denied and could require an alternate payment method. Pro Audio Land also retains the right to charge any customer credit card on file to pay for overdue accounts.

PayPal

You can log in to your PayPal account to select a payment method you have available through PayPal. If you do not have a PayPal account, you can sign up for one at paypal.com.

Affirm

Affirm is a financing alternative to credit cards and other credit-payment products. Affirm offers instant financing for online purchases to be paid in fixed monthly installments over 3, 6, or 12 months. Learn more.

Payment Terms

All orders are subject to 1.5% interest charge per month if not paid within terms.

Orders / Acceptance by Pro Audio Land

Pro Audio Land reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by Pro Audio Land, your order shall not be deemed accepted by Pro Audio Land until Pro Audio Land ships the products 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.

California Residents: Proposition 65 Warning

WARNING - Cancer and Reproductive Harm. Some products sold in this store may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. For more information see www.p65warnings.ca.gov.

Warranty

Pro Audio Land will do everything we can to repair your products as soon as possible. We do reserve the right to refuse any product sent to us for warranty coverage as well as the right to modify the conditions of this warranty at any time

Product registration for new item(s): It is important that you register your product(s) to initiate the manufacturer’s warranty. Initial registration with the manufacturer may be a condition to receiving any extended warranty coverage, or manufacturer warranty coverage in general as the manufacturer’s policy applies. Additional exclusions from our Warranty program are as follows:

• Used items sold "As-is", or those exclusively specified in our item listing as “as-is” are excluded from warranty coverage.
• Computer systems, storage medium, tape machines
• Failure due to dust, heat, humidity, and failures materialized from power surges
• Mechanical or electrical breakdowns caused by unintentional and accidental damage from handling of the product
• Damage from abuse, misuse, introduction of foreign objects into the product, unauthorized product modifications or alterations, failure to follow the manufacturer's instructions
• Consumable products, accessories and supplies, including but not limited to: bulbs and/or lamps, tubes, batteries, cartridges, tapes, computer software or disks
• Power conditioners, surge protectors and power regulators are not covered; nor is the repair or replacement of equipment connected to these products
• Damage occurring by improper voltage
• Acts of god
• Equipment purposed for commercial rental
• Products with removed or altered serial numbers
• Loss or corruption of data and/or the restoration of software and operating systems
• Loss and/or theft of the product
• Costs associated with downtime or loss of use
• Damage covered under any insurance policy, or any other warranty or service plan

 

INTERNATIONAL ORDERS

Credit Card

We can only ship your order to addresses verifiable by your issuing credit card bank. Please be sure to provide your exact billing address and telephone number which are the same as your credit card issuer has on file for you. Incorrect information will delay the processing of your order. Credit card payments will be processed for the full amount before any labor is performed on used and vintage items.

Import Duties and Tax

Since import taxes and/or duties that your government might impose on products shipped from the United States may apply, you (the customer), are solely responsible for shipping charges, taxes, and duties, once goods arrive in your country.

Duties and tax for warranty and damage replacement items

Even though you may have paid shipping, taxes or duty on your original order, it is important to understand that your government may impose duties and taxes for warranty items or replacement items damaged during shipment from the United States. You (the customer), are solely responsible for shipping charges, taxes, and duties, once goods arrive in your country.

Restrictions

Due to manufacturer restrictions, certain brands cannot be shipped outside of the United States. Please call us to find out if the item(s) you are interested in can be shipped internationally. We can ship to any locations that use a US Postal ZIP Code such as US Military addresses, Puerto Rico or the Virgin Islands, etc.

International Returns

In addition to obtaining a Return Authorization (RA) number, Pro Audio Land will provide customs and shipping documents that MUST be used with all international returns. Failure to use these documents and instructions may result in additional duties or taxes which will be the customers responsibility.

Items

Shipping costs for warranty items are the responsibility of the customer. Prior authorization is required. Duties and tax may apply (read above). Contact customer service Monday through Friday from 9 AM and 6 PM Pacific Standard Time. Email customers@proaudioland.com or call 1 (877) 671 2200.

Undeliverable/Rejected Packages

If your package was rejected by your local Customs Bureau or the shipment could not be delivered and was returned to Pro Audio Land for any reason, we are not responsible for the shipping costs.

Damaged Packages

If your package is damaged, you MUST contact Customer Service within 7 days from delivery. Customer Service hours are Monday through Friday from 9 AM to 6 PM Pacific Standard Time. Email customers@proaudioland.com or call 1 (877) 671 2200.

Please be aware that pro audio equipment is susceptible to damage during transit. We take great care to prevent damage from occurring and pack shipments so that they will arrive safely. Be sure to retain the original packing materials, original receipt and all merchandise tags for any item that you wish to return to us.

If an item arrives damaged, make certain you examine all boxes before acceptance. The delivering agent MUST note damage to any cartons on the release form or refuse acceptance. Notify us immediately so that we may work with you to arrange and expedite an insurance claim. Pro Audio Land is not responsible for any denied shipping claims.

See Easy Return Policy for details.

Pricing and Discounts

Discounts cannot be combined with any other offer or promotion. We are happy to work with museums, universities and nonprofit institutions, and can offer special discounts. Package discounting is available. Please call our sales team at 1 (877) 671 2200 for further information. Prices and availability are subject to change.

Payment Terms, Price Confirmation and Billing Errors

Unless otherwise indicated, the purchase price of products will be billed in full at the time of product shipment. Pro Audio Land's payment terms are subject to change without notice at Pro Audio Land's sole discretion. For orders from the website, we confirm the price of a product as part of our order processing procedures. In the unlikely event that a price stated on a Pro Audio Land Web site or any other 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.

Shipping and Delivery Times

Signature Required

In order to protect your shipment from theft, we require a direct signature when delivered. An email will be sent upon shipment so you can check delivery dates with the tracking number provided. Please make certain someone is available to receive your package or shipping charges may incur after three delivery attempts. To protect your order, shipments cannot be rerouted after it leaves our warehouse. Should you need to update your delivery address or request a pickup at a UPS facility, please contact a Pro Audio Land representative and we will update the information with UPS accordingly. Any packages that require rerouting will be charged $10.00.

New, in-stock, items ship within 24-48 business hours of your order unless notified otherwise. Used item delivery times vary depending upon the item. Do not hesitate to call customer service at 1 (877) 671 2200, Monday through Friday 9 AM to 6 PM Pacific Standard Time with any questions relating to delivery times.

Special Order and Drop Ship Items: Please note that next day shipping may not be available for items indicated as Special Order or Drop Ship on our website.

Cancellation Policy

In-stock items normally ship within 24-48 hours after an order has been placed. We will accept cancellation of your order for items that have not shipped or that are on backorder. Once the items are shipped, no cancellation will be accepted, but you may return the goods to Pro Audio Land for a refund. However, you will be responsible for all shipping costs to you and return shipping costs to Pro Audio Land. For orders paid by check, please allow two weeks to receive your refund check. Up to a 20% restocking fee may apply to special ordered or opened items. Used and vintage items are subject up to a 10% processing fee if cancelled before delivery.

Return Policy

We offer a no-hassle return policy. If there is a problem with your order or you are not 100% satisfied, please contact us immediately so that we can promptly resolve it for you. Pro Audio Land has a 45-day return policy from the date of shipment. Click here to read more.

What does this mean?

You must obtain a Return Authorization (RA) number and show proof of return shipment by providing a tracking number before the 45-day period expires, otherwise, up to a 20% re-stocking fee may apply. You are solely responsible for all return shipping costs. Please follow these instructions and requirements for all returns:

Prior Authorization Required: To obtain a return authorization, please contact your sales rep Monday-Friday from 9 AM to 9 PM Pacific Standard Time. Just call 1 (877) 671 2200.

Place RA in Return Shipment: We require that you place the Return Authorization (RA) form provided inside the box(es) of your return shipment of new, vintage, used or demo products. We can only accept returned products in their original packaging.

Condition, Packaging and Content: There are no refunds on any items that have been tampered with, have signs of wear or use, or are without original carton. Returns must be complete with original packaging, including accessories and documentation such as owner's manual, warranty card, software, quick start guides and so forth, otherwise a re-stocking fee will be charged.

Use a Traceable Shipping Service and Insure Your Return: Place your RA form inside your return package using a traceable method and insure for the value of your purchase in the event of theft or damage. You are solely responsible for your purchase until your return arrives at our premises. Please keep your tracking number as proof of delivery back to Pro Audio Land and have it available if you have any questions for us.

International Returns: In addition to obtaining a Return Authorization (RA) number, Pro Audio Land will provide customs and shipping documents that MUST be used with all international returns. Failure to use these documents and instructions may result in additional duties or taxes which will be the customers responsibility.

Restocking Fee

A 20% restocking fee may apply to all returned purchases. Used and demo items are subject up to a 10% processing fee if cancelled before delivery. Return freight costs paid by customer.

Shipping and Insurance

Shipping and insurance costs are non-refundable.

Free Shipping

If your purchase was eligible for free shipping, the shipping cost will be deducted from your refund.

Non-Refundable Items

• While most items are available for return, the following items are excluded:
• Special Order Items - Items that are non-stocking and require special ordering
• Personal items - Items that require intimate contact with the body during use, including in-ear headphones and microphone windscreens
• Custom built cabling, mic input panels and stage boxes
• Software
• Computers
• Hard Drives
• Recording Master Tape
• Studio furniture, racks and chairs
• Items shipped via freight

There are no refunds on any items that have been tampered with, have signs of wear or use, or are without original carton. Shipping and insurance costs are non-refundable. Returns must be complete with original packaging, including accessories and documentation such as owner's manual, warranty card, software, quick start guides and so forth. Please contact your sales representative at 1 (877) 671 2200 for further information.

Warranty Items

Shipping costs for warranty items are the responsibility of the customer. Prior authorization is required. Contact customer service Monday through Friday from 9 AM and 6 PM Pacific Standard Time. Email customers@proaudioland.com or call 1 (877) 671 2200.  No refunds are allowed on any items that have been tampered with or physically altered from the original condition. *See Non-Refundable Items.

What Do I do If My Package is Damaged?

If your package is damaged, you MUST contact Customer Service within 48 hours from delivery. Customer Service hours are Monday through Friday from 9 AM to 6 PM Pacific Standard Time. Email customers@proaudioland.com or call 1 (877) 671 2200.

Please be aware that pro audio equipment is susceptible to damage during transit. We take great care to prevent damage from occurring and pack shipments so that they will arrive safely. Be sure to retain the original packing materials, original receipt and all merchandise tags for any item that you wish to return to us.

If an item arrives damaged, make certain you examine all boxes before acceptance. The delivering agent MUST note damage to any cartons on the release form or refuse acceptance. Notify us immediately so that we may work with you to arrange and expedite an insurance claim. Pro Audio Land is not responsible for any denied shipping claims.

Duties and Tax for Warranty and Damage Replacement Items

International Duties and tax for warranty and damage replacement items may apply. Even though you may have paid shipping, taxes or duty on your original order, it is important to understand that your government may impose duties and taxes for warranty items or replacement items damaged during shipment from the United States for the new order. You (the customer), are solely responsible for shipping charges, taxes, and duties, once goods arrive in your country.

Insurance Costs

In order to protect you from theft, damaged or broken items, Pro Audio Land requires that every shipment is protected with insurance provided by UPS or the carrier used to fulfill your order. Insurance costs are not included in order totals which take place online and may be added when your order is processed at $0.70 per $100 at Pro Audio Land’s discretion.

Taxes

Pro Audio Land collects sales tax for shipments to California. Partial and complete tax exemptions may be available. Contact us directly for details.

Links to other Web Sites

The Site from time to time will contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Information and Press Releases

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Forms, Agreements & Documents

We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively, "Documents"). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose as noted above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. Void in New Jersey or any jurisdiction where prohibited by law.

Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Disclaimer

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

VOID IN ANY JURISDICTION WHERE PROHIBITED BY LAW.

Limitation of Liability

Most products will carry Pro Audio Land's limited warranty that such products are free from defects in material and workmanship and will conform to published specifications, provided the products are used according to such specifications. Pro Audio Land disclaims all warranties, express or implied, written or oral, including the implied warranties of merchantability and fitness for a particular purpose. In some cases, items are sold without warranty. Those items will be posted as such.

In no event shall Pro Audio Land be liable to the buyer for any indirect, incidental, consequential, special and/or exemplary damages in connection with the products sold to the buyer, regardless of whether such damages arise out of the negligence or other fault of Pro Audio Land and regardless of whether such damages are based on tort, contract, strict liability or any other cause of action and whether such damage resulted from: (1) reliance on the materials presented; (2) loss of use, data or profits; (3) delays or business interruptions; and (4) any theory of liability arising out of or in connection with the use or performance of information whether or not Pro Audio Land has been advised of the possibility of such damages. In the event of any claim by you, Pro Audio Land shall be limited to replacement of the products that are the subject of such claim, or, if circumstances would cause this remedy to fail of its essential purpose, refund of the cost of such products to the buyer, in either event upon return of any such products. By purchasing products from Pro Audio Land, the buyer acknowledges that replacement or refund are the buyer's sole and exclusive remedies.

The documentation and/or related graphics published by Pro Audio Land could include technical inaccuracies, obsolete issues or typographical errors. Pro Audio Land assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to its website.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Torrance, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fort Wayne, Indiana, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Fort Wayne, Indiana necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

Choice of Law

This Agreement has been executed and delivered in the State of California and shall be governed by and construed and enforced in accordance with the laws of the State of California. Pro Audio Land reserves the right to change our terms and conditions without written or expressed notice.