Terms of Sale
Last Updated: March 8, 2016
These Terms of Sale ("Terms of Sale") apply when you purchase products or services (collectively, "Products") through the websites or mobile applications (collectively, "Services") of QSC, LLC and our parent, subsidiaries and affiliated companies (collectively, "QSC," "we," "us" or "our") and are incorporated into and made a material part of our Terms & Conditions.
Please review our Terms & Conditions and these Terms of Sale carefully, including the mandatory arbitration provision in Section 8. By purchasing any Products through our Services, you agree to be bound by our Terms & Conditions and these Terms of Sale (including all terms incorporated herein by reference). If you do not agree to all of these terms, do not purchase any Products through our Services.
If you are agreeing to our Terms & Conditions and these Terms of Sale in your work or business capacity on behalf of any entity, you represent and warrant that you have the authority to bind such entity to our Terms & Conditions and these Terms of Sale and that such entity agrees to be responsible to us if you violate our Terms & Conditions and these Terms of Sale, in which case the terms "you" or "your" will also refer to the entity which you represent or are employed by.
QSC reserves the right to change or modify these Terms of Sale at any time and in our sole discretion. If QSC makes changes to these Terms of Sale, we will provide notice of such changes, such as by sending you an email notification, providing notice through the Services or updating the "Last Updated" date at the top of these Terms of Sale. Any changes to these Terms of Sale will be effective immediately upon posting the revised Terms of Sale to our Services. Therefore, we encourage you to review our Terms of Sale before submitting any orders for Products through the Services. If you do not agree to our Terms of Sale, do not submit any orders for or purchase any Products through the Services.
1. Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. All Products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering Products without prior notice, even if you have already placed your order. All prices are subject to change without notice.
In the event that a Product you are interested in purchasing is not listed or is listed as "out of stock" on the Product's information page on the Services, it is not currently available for ordering. Please check back at a later time as our Product inventory is subject to change.
2. Payment and Bill Information
By providing a credit card or other payment method to purchase Products through the Services, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
3. Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase through the Services. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier, and any shipping times shown on the Services are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of a Product for export. Please see our Shipping & Returns Policy for more information.
We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not warrant that any Product, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order, in delivering a Product or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amounts charged. Your sole remedy in the event of such an error is to cancel your order and obtain a refund.
5. Returns, Exchanges and Refunds
For more information about returns, exchanges and refunds related to Products you purchase through the Services, please see our Return Policy, which is incorporated into these Terms by this reference.
6. Complaints and Legal Notices
All complaints and legal notices should be mailed to QSC, LLC, Attn: Legal Department, 1675 MacArthur Boulevard, Costa Mesa, CA 92626 or by email to [email protected] If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or at 1-800-952-5210.
7. Limited Warranty
The limited warranties provided by QSC for its various Products are set forth in the QSC Limited Warranty, available at warranty statement, which is incorporated into these Terms by this reference.
8. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH QSC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
8.1 Binding Arbitration
Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and QSC: (a) waive your right to have any and all disputes or Claims arising from these Terms, the Services or your purchase of a Product through the Services (collectively, "Disputes") resolved in a court; and (b) waive your right to a jury trial. Instead, you and QSC will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
8.2 No Class Arbitrations, Class Actions or Representative Actions
YOU AND QSC AGREE THAT ANY DISPUTE IS PERSONAL TO YOU AND QSC AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. NEITHER PARTY AGREES TO CLASS ARBITRATION OR TO AN ARBITRATION IN WHICH AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. FURTHER, YOU AND QSC AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
8.3 Federal Arbitration Act
You and QSC agree that these Terms affect interstate commerce and that the enforceability of this Section 18 shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") to the maximum extent permitted by applicable law.
You and QSC agree that you will notify each other in writing of any Dispute within thirty (30) days of when it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to QSC shall be sent by certified mail or courier to: QSC, LLC, Attn: Legal Department, 1675 MacArthur Boulevard, Costa Mesa, CA 92626. Your notice must include: (1) your name, postal address and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief that you are seeking. If you and QSC cannot agree how to resolve the Dispute within thirty (30) days after QSC receives your notice, either you or QSC may, as appropriate pursuant to this Section 8, commence an arbitration proceeding or file a claim in court. You and QSC agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and QSC agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute). You and QSC agree that (a) any arbitration will occur in Orange County, California (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) the state or federal courts in Orange County, California will have exclusive jurisdiction over the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration.
8.5 Authority of Arbitrator
As limited by the FAA, these Terms and applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
8.6 Rules of JAMS
The rules of, and additional information about, JAMS are available on the JAMS website at http://www.jamsadr.com/, as may be updated from time to time. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
If any provision of this Section 8 is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in Section 8 are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law.
Notwithstanding the provisions herein related to modifications of these Terms, if QSC revises this Section 8 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change within thirty (30) days of the date such change became effective by providing QSC written notice of such rejection and delivering such notice to: QSC, LLC, Attn: Legal Department, 1675 MacArthur Boulevard, Costa Mesa, CA 92626. In order to be effective, your written notice must include your full name and clearly indicate your intent to reject changes to this Section 8. By rejecting such changes, you are agreeing to resolve Disputes in accordance with the last version of the Terms you accepted.
9. Governing Law
These Terms, your access to and use of the Services and Content will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in Orange County, California with respect to any Dispute between the parties that is not subject to arbitration under these Terms.