Product Terms of Sale, Warranty and Software EULA

Thank you for purchasing a Jamboxx product. We are proud of the craftsmanship and expressive experience delivered by our Jamboxx products.

30 DAY RETURN POLICY

We want you to be wildly enthusiastic about playing the Jamboxx. You may, however, return your Jamboxx for a refund (less 15% restocking fee) within 30 days of your purchase. Please email [email protected] for a return merchandise authorization (RMA) number.

12 MONTH LIMITED WARRANTY

When you purchase a Jamboxx product we provide the following warranty:

The warranty provided by Jamboxx only applies to our products and software. Jamboxx warrants, labor and parts, excluding accidental damages [WITH Jamboxx INSPECTION] from ordinary use for a twelve (12) month period commencing on the purchase date. Your remedies under this warranty shall be at Jamboxx sole option and are limited as described below. Returned units will be replaced or repaired at Jamboxx’s discretion. Prior to any return please contact Jamboxx to obtain a Return Merchandise Authorization (RMA) number by emailing [email protected] You are responsible for all shipping costs when returning products to Jamboxx, whether under warranty or not.

Jamboxx is pleased to offer you, the Original Owner, the following Limited Warranty, which applies only to products that have been directly purchased by you or from our authorized dealers.

Coverage

Jamboxx will, at its option, repair or replace the product covered by this warranty if it becomes defective, malfunctions or otherwise fails to conform with this warranty under normal use and service during the term of this warranty, without charge for labor or materials. Repairs may be performed using new or refurbished parts that meet or exceed Jamboxx specifications for new parts. If Jamboxx elects to replace the product, the replacement may be a reconditioned unit. You will be responsible for shipping the product to our repair facility if the product(s) must be shipped for warranty service. However, Jamboxx will pay the return shipping charges if the repairs are covered by the warranty.

This warranty does not cover (a) damage, deterioration or malfunction resulting from accident, negligence, misuse, abuse, improper installation or operation or failure to follow instructions according to the Owner’s Manual for this product; any shipment of the product (claims must be presented to the carrier); repair or attempted repair by anyone other than Jamboxx or an authorized Jamboxx Service Center; (b) any unit which has been altered or on which the serial number has been defaced, modified or removed; (c) normal wear and any periodic maintenance; (d) deterioration due to perspiration, saliva, corrosive atmosphere or other external causes such as extremes in temperature or humidity; (e) damages attributable to power line surge or related electrical abnormalities, lightning damage or acts of God; or (f) RFI/EMI (Interference/noise) caused by improper grounding or the improper use of either certified or uncertified equipment, if applicable. Any evidence of alteration, erasing or forgery of proof-of-purchase documents will cause this warranty to be void. This warranty covers only the Original Owner and is not transferable.

In Order to Obtain Warranty Service: If purchased from a Jamboxx dealer, contact that dealer for warranty service. The dealer will advise you of the procedures to be followed. If this is not successful or if you purchased your Jamboxx directly from us, contact us at [email protected] If you are uncertain as to whether a dealer has been authorized by Jamboxx, please contact Jamboxx’s Service Department at [email protected], or check Jamboxx’s website at www.Jamboxx.com. Product(s) shipped for service should be packed securely and must be accompanied by a detailed explanation of the problem(s) requiring service, together with the RMA assigned to this return and the original or a machine reproduction of the bill of sale or other dated, proof-of-purchase document describing the product, as evidence of warranty coverage. Should any product submitted for warranty service be found ineligible therefore, an estimate of repair cost will be furnished and the repair will be accomplished only if requested by you and upon receipt of payment or acceptable arrangement for payment.

INHERENT USE OF SOUND DEVICES

Our hardware and software is not intended be used as an emergency backup device or personal lifeline for persons with disabilities. You must have assistance readily available whenever sound generation is utilized to control volume level and assure safety. Noise and sound level is an inherent part of making music and it is the end-users sole responsibility to insure proper volume levels whenever utilizing our product. Jamboxx, Inc. disclaims any and all liabilities relating to the generation of sound and volume creation or use — selection and reliance on any and all sound sources such as computer speakers, USB monitors, headphones, sound hardware, sound generation capacity, sound systems and sound software is the responsibility of the purchaser.

Jamboxx, Inc. disclaims any liability whatsoever with regard to the generation of sound or the use of sound generating devices and that any consequential damages relating to noise and sound activity is the sole responsibility of the purchaser and that the purchaser by using sound generating devices assumes all damage whatsoever with regard to noise and sound generation.

WARRANTY, LIMITATION OF REMEDIES & DAMAGES

Jamboxx, Inc. hereby expressly disclaims all warranties either expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose except as otherwise provided.

LIMITATION OF LIABILITY AND INTENDED USE

Jamboxx will not be liable, in any event, to the customer for damages, including but not limited to: lost profits, lost savings, incidental damages, consequential damages or any damage caused through the use or the inability to use our product.

Jamboxx disclaims and purchaser assumes all responsibility for maintenance and cleaning of all products sold.

ALL mouthpieces sold are intended for single person use. Jamboxx does not endorse, encourage or promote use of our mouthpieces by multiple persons except where expressly provided and limited to those situations solely whereby professionally trained therapists adhere specifically to protocol expressly provided in the owner’s instruction manual regarding specifically designated multi-user units. Unsealed mouthpieces are non-refundable. Additional mouthpieces are available for purchase at www.iamboxx.com .

Software End User License Agreement

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED.

JAMBOXX OWN ALL INTELLECTUAL PROPERTY IN THE SOFTWARE. THE SOFTWARE IS LICENSED, NOT SOLD. JAMBOXX PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE, OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

Definitions

“Jamboxx” means Jamboxx Inc., a New York corporation headquartered at 43 New Scotland Ave, MC25 – Building S, Albany NY 12208.

“Computer” means a virtual or physical computer device that accepts information in digital or similar Form and manipulates it for a specific result based on a sequence of instructions.

“Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Jamboxx.

“Software” means (a) all of the information with which this agreement is provided, including but not limited to: (i) Jamboxx™ software and all other software files and other computer information; (ii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with Jamboxx software and not obtained from Jamboxx through a separate service (unless otherwise noted within that service) or from another party through a separate service (“Content Files”); and (iii) related explanatory written materials and files (“Documentation”); and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by Jamboxx at any time, to the extent not provided under separate terms (collectively, “Updates”).

Software License

If you obtained the Software from Jamboxx or one of its authorized licensees and as long as you comply with the terms of this agreement, Jamboxx grants you a non-exclusive license to install and use the Software in a manner consistent with its design and Documentation and as further set forth below.

General Use. You may install and use one copy of the Software in accordance with the Documentation.

Backup Copy. You may make a backup copy of the Software, provided your backup copy is not installed or used for other than archival purposes. You may only use the backup copy if the original copy of the Software is no longer usable and the only way to use the Software is to reinstall the Software via the backup copy.

Documentation. You may make copies of the Documentation for your own internal use in connection with use of the Software in accordance with this agreement but no more than the amount reasonably necessary. Any permitted copy of the Documentation that you make must contain the same copyright and other proprietary notices that appear on or in the Documentation.

Content Files. Unless stated otherwise in licenses associated with the Content Files, which may include specific rights and restrictions with respect to such materials, you may use, display, modify, reproduce, and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you may not claim any trademark rights in the Content Files or derivative works thereof.

Intellectual Property Ownership

The Software and any authorized copies that you make are the intellectual property of and are owned by Jamboxx. The structure, organization, and source code of the Software are the valuable trade secrets and confidential information of Jamboxx and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Jamboxx.

Restrictions and Requirements

Notices. Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.

Use Obligations. You agree that you will not use the Software other than as permitted by this agreement and that you will not use the Software in a manner inconsistent with its design or Documentation.

No Modifications. You may not modify, port, adapt, or translate the Software.

No Reverse Engineering. You will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.

No Transfer. YOU WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY’S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN

Updates

If the Software is an Update to a previous version of Jamboxx software, you must possess a valid license to such previous version in order to use such Update. After you install such Update, you may continue to use any such previous version in accordance with its end-user license agreement only if (a) the Update and all previous versions are installed on the same Computer, (b) the previous versions or copies thereof are not transferred to another party or device unless all copies of the Update are also transferred to such party or device, and (c) you acknowledge that any obligation, if any, Jamboxx may have to support the previous version(s) may end upon the availability of the Update. No other use of the previous version(s) is permitted after installation of an Update. Updates may be licensed to you by Jamboxx with additional or different terms.

Limited Warranty

Jamboxx warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this agreement that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Software when used on the recommended operating system and hardware configuration. All warranty claims must be made, along with proof of purchase, to Jamboxx within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Jamboxx and its affiliates and your exclusive remedy will be limited to either, at Jamboxx’s option, replacement of the Software or refund of the license fee you paid for the Software (if any). THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. Jamboxx DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.

Disclaimer

THE LIMITED WARRANTY IN SECTION 6 IS THE ONLY WARRANTY OFFERED BY JAMBOXX, ITS AFFILIATES, AND SUPPLIERS AND IT STATES THE SOLE AND EXCLUSIVE REMEDIES FOR JAMBOXX, ITS AFFILIATES’, OR SUPPLIERS’ BREACH OF THAT OFFERED WARRANTY. THE LIMITED WARRANTY IN SECTION 6 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES APPLICABLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, JAMBOXX, ITS AFFILIATES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, JAMBOXX, ITS AFFILIATES, AND SUPPLIERS PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES, AND JAMBOXXOR THIRD PARTY ONLINE SERVICES AS-IS AND WITH ALL FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. JAMBOXXDOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. The provisions of Sections 7 and Section 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this agreement.

Limitation of Liability

EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY JAMBOXXABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, JAMBOXX, ITS AFFILIATES, AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN Jamboxx REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, JAMBOXX’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. Jamboxx DOES NOT SEEK TO LIMIT YOUR WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.

Export Rules

You acknowledge that the Software is subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export the Software, directly or indirectly, to:

(a) any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria) (each, an “Embargoed Country”), (b) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems (each, a “Prohibited Use”), or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a “Sanctioned Party”), in addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Software. You represent and warrant that (i) you are not a citizen of, or located within, an Embargoed Country,(ii) will not use the Software for a Prohibited Use, and (iii) are not a Sanctioned Party. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.

Governing Law

If you are a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by the laws of the state in which you purchased the license to use the Software. If you are not such a consumer, this agreement will be governed by and construed in accordance with the substantive laws in force in the State of New York. The courts located in Albany County, New York shall have non-exclusive jurisdiction over all disputes relating to this agreement.

General Provisions

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing, signed by an authorized officer of Jamboxx. This is the entire agreement between Jamboxx and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.

 

Jamboxx