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.
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
Autumn Wave LLC. The collective work includes works that are
licensed to Autumn Wave LLC. Copyright 2008, Autumn Wave LLC
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 Autumn Wave LLC or purchasing Autumn Wave LLC
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
Autumn Wave LLC or to purchase Autumn Wave LLC 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 Autumn Wave LLC. You further agree
not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks All brand,
product, service, and process names appearing on this website are
trademarks of their respective holders. Reference to or use of a
product, service, or process does not imply recommendation, approval,
affiliation, or sponsorship of that product, service, or process by
AutumnWave. Nothing contained herein shall be construed as conferring
by implication, estoppel, or otherwise any license or right under any
patent, copyright, trademark, or other intellectual property right of
AutumnWave or any third party, except as expressly granted herein.
Limitation of Liability Autumn Wave LLC
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 Autumn Wave LLC
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.
Typographical Errors In
the event that a Autumn Wave LLC product is mistakenly listed at an
incorrect price, Autumn Wave LLC reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
Autumn Wave LLC 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, Autumn Wave LLC 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
Autumn Wave LLC 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 Autumn Wave LLC
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
Autumn Wave LLC.
Use of Site This site may
contain other proprietary notices and copyright information, the terms
of which must be observed and followed. Information on this site may
contain technical inaccuracies or typographical errors. Information,
including product pricing and availability, may be changed or updated
without notice. AutumnWave and its subsidiaries reserve the right to
refuse service, terminate accounts, and/or cancel orders in its
discretion, including, without limitation, if AutumnWave believes that
customer conduct violates applicable law or is harmful to the interests
of AutumnWave and its subsidiaries.
Privacy Policy
AutumnWave use of personal information that you may submit to
AutumnWave through this website is governed by the AutumnWave Privacy
Policy.
Consumer Agreement
Consumer is responsible for charges of sales tax for merchandise
ordered on this website based on the applicable state sales tax rate
and the location to which the order is being shipped to.
Consumer is responsible for shipping/handling charges (fees) when applicable unless otherwise noted during check-out on this website.
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Consumer agrees and adheres to the Return Policy stated below. Consumer agrees that purchases made on this website
carry a 1-year factory warranty and that returns for a full refund
excluding shipping/handling must be made within 30 days of invoice
date. Consumer agrees that a 20% restocking fee shall apply to all
returns for refund unless noted by an authorized employee at AutumnWave.
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Please refer to http://www.antennaweb.org/
for information about reception in your area. Most homes in the United
States are able to receive Digital and Analog signals, but
AutumnWave/OnAir Solution cannot guarantee that the product will work
everywhere. Our products are designed to work wherever a usable
Over-The-Air broadcast or Cable transmission exists. Consumer agrees
that these products will not work everywhere, nor will consumer hold
AutumnWave responsible in any miscommunication of this.
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Consumer agrees and adheres to the following Payment Methods that ARE and ARE NOT accepted with AutumnWave.
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AutumnWave DOES NOT accept wire transfers as a form of payment
unless prior arrangement has been made. Please contact our corporate
headquarters for additional information on paying via wire transfer.
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AutumnWave DOES accept US & CANADIANÂ issued credit cards. - AutumnWave DOES NOT accept International issued credit cards.
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AutumnWave DOES accept US Postal Service money orders
(pre-approval, shipping/handling and tax calculations are required in
order to process order. USÂ destinations and US Payments accepted only).
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AutumnWave DOES accept company checks (pre-approval by an
Executive Staff member of AutumnWave must be acquired prior to
processing order).
Rebates and value coupons
From time to time we may offer special discounts such as instant
rebates or coupons on certain items, some of which are in the form of
hyperlinks to our site. These special offers are for a very limited
time. We do not publish a start nor and end-time to the offer. These
offers will commence and expire without prior notice and no
"rainchecks" will be offered after expiry. The number of sales allowed
will be limited by time and item's availability. All special discounts
are subject to verification for legitimacy prior to acceptance. We
reserve the right to limit quantities or refuse orders at our
discretion. Due to the often substantial savings these offers may
contain, if we have any difficulty processing your order (such as, but
not limited to declined credit card transaction, incorrect or
non-matching billing information, etc) we will be unable to offer the
discount for your order. Rebates are valid for online orders only, void
where prohibited by law.
Shipping & Delivery At
this time, the AutumnWave Storefront ships merchandise only to
locations within the continental United States, Canada and Military
(APO/FPO) addresses. AutumnWave may add additional international
shipping locations in the future. AutumnWave does not ship to Alaska,
Hawaii, Puerto Rico, Guam or the US Virgin Islands. The risk of loss
and title for all merchandise ordered on this website
pass to you when the merchandise is delivered to the shipping carrier.Â
UPS can NOT deliver to P.O. boxes, customers must provide a physical
Ship To address at time of order placement. Orders received on the
AutumnWave Storefront addressed to a P.O. Box may be canceled or will
be shipped via USPS Priority Mail and will be charged the UPS 2nd Day
Air Rate(s).
Orders refused at delivery
If
you refuse to sign for your order, refuse to accept delivery of your
order, or if your delivery is returned due to a non-delivery your order
will be considered as a return subject to restocking fees, return
shipment, plus a $20 clerical fee. If your order contains any special
order items or open box merchandise, the shipment will be returned to
you at your expense and risk.
Military (APO/FPO) Shipping policy
Your AutumnWave.us purchase can be shipped to any APO (Army Post
Office) or FPO (Fleet Post Office) address via our 'Free APO/FPO
Standard Shipping' service only. USPS Priority Air service is not
available for APO/FPO destinations. AutumnWave reserves the right to
change it's 'Free APO/FPO Standard Shipping' services without prior
notice to you.
International Orders All prices are in U.S. dollars and DO
NOT include VAT, customs, duties or taxes. Additional taxes or duties
may be billed to you through your government or shipping carrier
directly. By placing an order with AutumnWave, you are acknowledging
your responsibility to pay said duties and/or taxes.
International Shipping Policy
Customer is responsible
for any and all duties, taxes, customs, brokering, and shipping fees
levied, incurred, whether intentional or incidental, or by omission,
for an amount not to be limited by our shipping quote. If additional
duties, taxes, customs, brokering, and shipping fees levied, incurred,
whether intentional or incidental, are billed back to AutumnWave,
AutumWave reserves the right to charge the customer's credit card
directly for all amounts thereof plus additionally $20 clerical fee.
Canada Shipping Policy
AutumnWave ships to most
points in Canada and is served by USPS Express International Mail only.
We do not ship via UPS or any other shipping carrier to Canada. Product
must be able to be shipped to destination country as a non-restricted
item. Our shipping rates DO NOT include brokering, customs fees,
duties, or taxes, or any other fees levied.
Tracking Orders
If you are a registered AutumnWave.us shopper, you can use order
history & tracking to track your order. (If you are unregistered,
you can use the carrier's website and your order tracking number sent
to you via email to track your order.)
Sales Tax AutumnWave charges sales tax for merchandise ordered on this website based on the applicable state sales tax rate and the location to which the order is being shipped.
OnAir USB TV Tuners / StreamSleuth Product Warranty
New and Re-Marketed OnAir USB TV Tuners and StreamSleuth products
carry a 1-year factory warranty. Extended Warranty plans are currently
not available at this time.
Return Policy
Returns for refund may be made to within 30 days of invoice date.
A 20% restocking fee shall apply to all returns for refund. After 30
days, defective products may be returned for testing and, at the
discretion of our Technical Support Department, replacement.
Non-defective items returned for warranty replacement will be returned
to the customer at the customer's expense.
Payment Policy
You may purchase merchandise from this website by using any one of the
payment options listed at check-out. AutumnWave reserves the right to
change its payment procedures at any time without prior notice to you.
Store HoursThe AutumnWave
Storefront is available 24/7/365 unless otherwise noted on the
AutumnWave.us & AutumnWave.com website. Customer service is
available as defined on the Contact Us page of this website.
Participation DisclaimerAutumn Wave LLC 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, Autumn Wave LLC 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,
Autumn Wave LLC 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
Autumn Wave LLC in its sole discretion.
Website Warranty Disclaimer The Content included in this website
has been compiled from a variety of sources and is subject to change
without notice as are any products, programs, offerings, or technical
information described in this website . AutumnWave makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the website or Content, or the suitability, functionality, or operation of this website or its Content. By using this website , you assume the risk that the Content on this website
may be inaccurate, incomplete, offensive, or may not meet your needs
and requirements. AutumnWave SPECIFICALLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT
WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL
AutumnWave BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with
no warranty of any kind, either express or implied, including but not
limited to the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement. Any warranty that is provided
in connection with any of the products and services described on
thiswebsite is provided by the advertiser or manufacturer only, and not
by AutumnWave.
The references and descriptions of products or services within the website
materials are provided "as is" without any warranty of any kind, either
express or implied. AutumnWave is not liable for any damages, including
any consequential damages, of any kind that may result to the user from
the use of the materials on thiswebsite or of any of the products or services described hereon.
The descriptions of, and references to, products, services and
companies on this website are the sole responsibility of the companies
providing the information ("advertisers"), and not AutumnWave.
The inclusion of material on this server does not imply any
endorsement by AutumnWave, which makes no warranty of any kind with
respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include
inaccuracies or errors. Additionally, a possibility exists that
unauthorized additions, deletions, and alterations could be made by
third parties to the server materials. Although AutumnWave tries to
ensure the integrity and the accurateness of the server materials, it
makes no guarantees about their correctness or accuracy. Before relying
on any representation made in any of the server materials, check with
the advertiser of the product or service to ensure that the information
you are relying upon is correct.
Indemnification
You agree to indemnify, defend, and hold harmless Autumn Wave LLC,
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.
Third-Party LinksIn an attempt to provide increased value to
our visitors, Autumn Wave LLC may link to sites operated by third
parties. However, even if the third party is affiliated with
Autumn Wave LLC, Autumn Wave LLC has no control over these
linked sites, all of which have separate privacy and data collection
practices, independent of Autumn Wave LLC. These linked sites are
only for your convenience and therefore you access them at your own
risk. Nonetheless, Autumn Wave LLC seeks to protect the integrity
of its website 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).
MiscellaneousThis
agreement is complete and all prior negotiations, oral representations,
oral agreements, or written agreements or other instruments implied by
estoppal are null and void. Outside the context of this agreement there
exists no warranties, obligations, written agreements, oral
representations, oral agreements, implied warranties or implied
obligations. No warranties are included herein and no implied warranty,
guaranty, or implied obligations are to be construed within this
agreement. Ambiguities in this contract are not to be interpreted more
harshly against the drafting party, Autumn Wave LLCÂ ("AUTUMNWAVE.US").
If this Agreement falls silent, Autumn Wave LLC will consider that
interpretation to be harshly against Autumn Wave LLC In the case that
this Agreement's silence or ambiguity means that a law implies or may
imply an obligation because the Agreement failed to exclude an
obligation, the Customer ("you") will be responsible for any and all
legal fees incurred by Autumn Wave LLC in the matter of the Agreement's
silence or ambiguity. This Agreement remains in full force if any party
or parties breaks, fails to complete, or does not honor any of the term
or terms herein. You may have specific legal rights which vary from
state to state or otherwise. By using AUTUMNWAVE.US you agree to be
held to the laws and statues as governed by the Commonwealth of
Pennsylvania and any and all disputes arising will be held accountable
according to laws and statues as governed by the Commonwealth of
Pennsylvania by a Pennsylvania court or magisterial district.
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