Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

These Terms and Conditions May Change

BEATNIXX reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the BEATNIXX.com site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.

Use of Web Site

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BEATNIXX. The collective work includes works that are licensed to BEATNIXX. Copyright 2011, BEATNIXX ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with BEATNIXX or purchasing BEATNIXX products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with BEATNIXX or to purchase BEATNIXX products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by BEATNIXX. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of BEATNIXX used in the site are trademarks or registered trademarks of BEATNIXX


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, BEATNIXX disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. BEATNIXX does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. BEATNIXX does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
BEATNIXX shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if BEATNIXX has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Colors
BEATNIXX has done our best to display as accurately as possible the colors of the products shown on this site. However, because the colors you see will depend on your monitor and image factors, we cannot guarantee that the display of any color will be accurate.


Product Information
Most products displayed on this site are available for retail or wholesale purchase. Wholesale purchase product info is available upon special wholesale log-in. In some cases, merchandise displayed for sale on this site may not be available at the BEATNIXX showroom.


Price Quotations
The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States. Shipping and other charges outside the United States is not available on this site at this time. Wholesale pricing is available upon wholesale log-in. Please contact us at info@beatnixx.com for international wholesale inquiries. Furthermore, while we do our best to assure that the taxes and shipping quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes and shipping fees, regardless of the amount quoted on this site at the time of your order.


Typographical Errors
In the event that a BEATNIXX product is mistakenly listed at an incorrect price, BEATNIXX reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. BEATNIXX reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BEATNIXX shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by BEATNIXX without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
BEATNIXX may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to BEATNIXX.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of BEATNIXX products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BEATNIXX products) must be commenced within one (1) year after the claim or cause of action arises. BEATNIXX's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BEATNIXX may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BEATNIXX or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
BEATNIXX does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, BEATNIXX is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, BEATNIXX reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to BEATNIXX in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless BEATNIXX, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account and arising from or related to your use of this site.


Wholesale Accounts
Retailers, retail owners, buyers, distributors (collectively "Retailers") doing business are welcome to sign up with BEATNIXX for a special wholesale account placing wholesale purchases on the site. Wholesale discounted prices are available to Retailers that will be reselling our products to the consumer through an established retail store(s) or web site. US retailers, please provide a copy of your resale license, and/or State tax ID to verify eligibility. International retailers, please contact us at info@beatnixx.com for wholesale inquiries. After submitting the required documents and approval from BEATNIXX, wholesale account holders may log in and view wholesale prices. A minimum requirement of $50 USD must be met to process wholesale orders online. Wholesale orders will not be processed if you have not met the required minimum. For more detailed information, please review our wholesale page.


Right to Terminate
BEATNIXX reserves the right, without notice and in its sole discretion, to terminate your customer or wholesale access account (i) if you violate any of these Terms of Service, (ii) for any reason, or (iii) for no reason. Upon any such termination, your log in access will immediately cease. BEATNIXX reserves the right to change any benefits offered through its account service, including discounted rates and promotional offers, at any time in BEATNIXX's sole discretion. All changes will apply to future orders, regardless of whether you are currently an account holder.


Third-Party Links
In an attempt to provide increased value to our visitors, BEATNIXX may link to sites operated by third parties. However, even if the third party is affiliated with BEATNIXX, BEATNIXX has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BEATNIXX. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BEATNIXX seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


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