Terms of Use

TERMS AND CONDITIONS OF USE AND SALE

THE WEBSITE (THE “SITE”) IS OPERATED BY HARMAN INTERNATIONAL INDUSTRIES (“HARMAN”) FOR YOUR USE AND INFORMATION. PRODUCTS PURCHASED THROUGH THIS SITE ARE SOLD AND SHIPPED BY JAM INDUSTRIES LIMITED (THE “COMPANY”). YOUR USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE AND SALE (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS. BY ACCESSING AND BROWSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.

THESE TERMS AND CONDITIONS ARE A LEGAL AGREEMENT AMONG YOU, HARMAN AND THE COMPANY CONCERNING EACH PURCHASE OF PRODUCTS OFFERED ON THE SITE.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, OR ANY PART OF THEM, YOU MAY NOT USE THE SITE TO PURCHASE ANY OF THE PRODUCTS AVAILABLE ON THE SITE.

HARMAN AND THE COMPANY RESERVE THE RIGHT TO CHANGE, MODIFY, ALTER, ADD, REMOVE OR OTHERWISE UPDATE THE TERMS AND CONDITIONS (OR ANY PORTION THEREOF) APPLICABLE TO THE SITE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, AND FROM TIME TO TIME, AT THEIR SOLE DISCRETION. WE WILL NOTIFY YOU OF ANY SUCH CHANGES, MODIFICATIONS, ALTERATIONS OR UPDATES TO THE SITE BY POSTING NOTICE OF SAME ON THE SITE. FOLLOWING THE POSTING OF ANY SUCH NOTICE, YOUR CONTINUED USE OF THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF THE NEW TERMS AND CONDITIONS AND OTHER POLICIES, AS MODIFIED, AND YOU WILL BE BOUND BY SAID NEW TERMS AND CONDITIONS AND POLICIES.

THE SITE IS NOT INTENDED FOR ACCESS OR USE OUTSIDE OF CANADA. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR ACCESS TO THE SITE AND THE INFORMATION AND MATERIAL AVAILABLE ON OR THROUGH IT ARE LEGAL IN EACH JURISDICTION IN OR THROUGH WHICH YOU ACCESS OR VIEW THE SITE AND SUCH INFORMATION AND MATERIAL.

THE TERMS “WE”, “US”, AND “OUR” USED IN THE TERMS AND CONDITIONS REFER TO HARMAN AND THE COMPANY.

WE URGE YOU TO READ THE TERMS AND CONDITIONS CAREFULLY, AS THEY INCLUDE PROVISIONS SUCH AS LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.

1. Acceptable Use Policy.

As a condition of your use of the Site, you hereby represent and warrant to Harman and the Company that you:

will only use the Site for lawful purposes in accordance with the Terms and Conditions and our online Privacy Policy;
agree to honour our intellectual property rights;
agree to provide us with accurate information as necessary for the proper conduct of the Site and to take responsibility for the information you provide;
acknowledge that we may be unable to process and shall have no responsibility to process requests the accuracy of which we cannot validate;
agree to remove any link (other than personal “bookmark” or “favorites” entry) to the Site upon written request;
will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e‑mail or form entry created through the Site; and
shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of the Terms and Conditions.

2. Privacy.

Our privacy practices respecting the information we collect during your visit to the site are explained in the Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued use of the Site implies that you acknowledge that you have read the Privacy Policy and agree to its terms, and that you consent to our use of your personal information and the content which you provide us through the Site and any social networking pages, such as Facebook, Twitter, Instagram and YouTube, in accordance with the terms of and for the purposes set forth in the Privacy Policy, as same may be amended from time to time.

3. No Use By Minors.

The Site is intended for use by adults only. If you use the Site to purchase Products, you represent that you are of legal age to enter into any purchase agreement through the Site and become bound by its terms. We do not knowingly collect information from children under the age of 13.

4. Entire Agreement.

The Terms and Conditions, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement among you, Harman and the Company with respect to the use of the Site and any transaction conducted on or from the Site and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified, except in writing or by Harman and/or the Company making such amendments or modifications available to it pursuant to the Terms and Conditions hereof. Each time a Customer purchases Products through the Site it shall be deemed to be a separate transaction of purchase and sale that is subject to these Terms and Conditions. No supplement, modification or amendment to these Terms and Conditions proposed by you shall be binding on Harman and/or the Company unless agreed to by us in writing.

5. Products.

“Products” shall mean any products identified on the Site available for purchase by a Customer.

Products which may be purchased from the Site are available for sale and distribution to customers in Canada only. Harman attempts to be as accurate as possible in describing all Products available for sale and/or distribution by the Company. However, we do not warrant that Product descriptions or other content of the Site are accurate, complete, reliable, current or error free. Please note that because the colours of the Products you see will depend on your monitor, Harman cannot guarantee that your monitor will display the exact actual colour of a Product displayed.

The availability of certain Products may be limited, and Products may not be available for immediate sale. We may revise or cease to make available any Products at any time without prior notice. In the event that the Company is unable to deliver to you a Product ordered due to lack of availability, the Company will notify you via e mail and your order may be automatically cancelled with respect to such unavailable Product, provided that the Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.

6. Pricing and Taxes.

All pricing is exclusive of and you agree to pay or reimburse the Company for all applicable taxes and duties, including, without limitation, sales tax, goods and services tax, withholding taxes and all other like or similar taxes and duties that are or may be imposed in connection with the charges applicable to the sale and delivery of Products, warranty services or other additional products or services in any connection with these Terms and Conditions.

All prices and Product orders are quoted and shall be processed in Canadian dollars. Although we strive to provide accurate Product and pricing information, errors may occur. We reserve the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. The Company cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the Site) is incorrect due to an error in pricing or product information, the Company may, at its sole discretion, refuse or cancel your order, whether before or after the Company’s acceptance thereof. If there is such an error in pricing, the Company will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.

7. Product Orders.

Subject to these Terms and Conditions, you may order Products on the Site.

Before submitting an order for the purchase of Products using the Site, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the “Place Order” button and checking the box indicating you agree with the terms), such order will constitute an offer from you to the Company to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on the Company until accepted by the Company. The Company’s acceptance of your order is evidenced by return e mail from the Company indicating that your order has been accepted.

THE SITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.

8. Payment.

Terms of payment for any Products purchased through the Site shall be determined at the Company’s sole discretion. Payment shall be made by credit card unless some other pre ‑arranged method of payment has been accepted by the Company. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.

9. Registration Information.

You agree that all registration and billing information and other information provided by you to the Company may be used and disclosed by the Company to the extent required by the Company in order to process and fulfil Product orders. You agree to promptly notify the Company of any change to your address, electronic mail address and/or billing information. The Company is not responsible for the shipment of any Product or the sending of any notices or invoices issued under these Terms and Conditions to you at contact information that is incorrect or out of date due to your failure to provide the Company with reasonable notice of applicable changes.

Our privacy practices respecting the information we collect during your visit to the Site are explained in the Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued use of the Site implies that you acknowledge that you have read the Privacy Policy and agree to its terms, and that you consent to our use of your personal information and the content which you provide us through the Site, in accordance with the terms of and for the purposes set forth in the Privacy Policy, as same may be amended from time to time.

10. Shipping and Delivery.

The Company will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation.

Delivery times provided by the Company are estimates only. The Company shall not be responsible for any damages or costs resulting from any delays in delivery.

11. Risk of Loss.

All Product(s) purchased from the Company are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third party delivery company.

12. Obtaining Warranty Service And Conditions.

Prior to returning any Product to the Company in respect of a warranty claim you must first review the terms and conditions of the warranty supplied with the Product. You are solely responsible for the costs and expenses associated with any Product return, including shipping and transportation costs, in respect of any Products returned for warranty services that are ineligible under the terms of the applicable warranty.

13. Notification of Damage.

You agree to inspect all Products of which you receive delivery hereunder immediately upon receipt (including by opening all cartons and shipping materials, as reasonably necessary to inspect).

If the Product delivered to you has obvious damage on its packaging, or upon opening the packaging you discover that the Product has sustained physical damage, please contact the Company within fourteen (14) days from the date of delivery, and the Company will provide you with a replacement Product. You will also be required to provide the Company with proof of purchase and any delivery documentation. The Company will arrange for the return or collection of the damaged Product from you at no cost to you.

14. Return Policy.

All Orders are eligible for the Company’s 30 day return policy. You may return any Product for any reason within thirty (30) calendar days of your shipping date, subject to the terms below. The Company will gladly exchange your Product (subject to availability) or give you a refund for the full amount of the Product, whichever you prefer. No restocking fees. No questions asked. The Company will even pay to have the Product shipped back to it. Gift wrap and shipping charges are not refundable.

A return authorization is required for any exchange or refund. Any Product shipped to the Company without a return authorization is not eligible for the Company’s refund policy and will be returned to you at your expense.

If, within thirty (30) calendar days of your shipping date, you would like to replace or return the Product, you can initiate the process on the Returns section of the Site, which will trigger an email to the Company’s Customer Service Center. One of the Company’s representatives will then contact you about your request.

You can also contact the Customer Service Center directly at:
Toll Free: 877-457-2592
Local: 514-457-7504
Monday to Friday 830am to 530pm EST

The Customer Service Center will provide a return authorization number (“RA#”) and a prepaid return shipping label to you. Gift purchases must be returned by the original purchaser.

RA#s are valid for only thirty (30) calendar days from the date issued. Replacement merchandise will not be reserved for more than thirty (30) calendar days past the issuance of the RA#. Merchandise that the Company receives past the return period may be refused and returned. Products must be returned with all accessories originally included with such Product. Additional Product return instructions may be required. Notification will be sent to the e-mail or billing address you provided if the Company does not accept your return.

15. Exclusion and Disclaimer of Warranties.

NEITHER HARMAN NOR THE COMPANY MAKES ANY REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE SITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR‑FREE. NEITHER HARMMAN NOR THE COMPANY REPRESENTS, WARRANTS OR UNDERTAKES THAT ANY ERRORS ON OR RELATING TO THE SITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS AND CONDITIONS, THE SITE AND< ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND NEITHER HARMAN NOR THE COMPANY MAKES OR GIVES ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO (i) UNINTERRUPTED OR ERROR‑FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE AND THE CONTENT THEREOF, THE INFORMATION, MATERIALS AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON‑INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THE TERMS AND CONDITIONS.

BECAUSE CERTAIN FEDERAL OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

16. Password Protection.

Access to the Site is by way of user name and confidential password that has been provided by the Company to you for your sole and exclusive use. You agree to keep the user name and password that has been assigned to you by the Company strictly confidential and that you are solely responsible for any unauthorized use of the Site and purchases of Products made with your own username and password whether such use and purchases have been made with your knowledge or not, and that you have an obligation to notify us immediately if you know or suspect that your username or password has been compromised. Haman and/or the Company reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion.

17. Confidentiality (Internet and E-mail)

Confidentiality and security of information over the Internet is not possible at this time. We cannot ensure the privacy and authenticity of any information or instructions you send to us or that we send to you over the Internet. We will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet or if we communicate such information to you at your request (the “Material”).

Other than your account information and your information needed to process orders, we do not wish to receive Material from you that is confidential, secret or proprietary information.

You acknowledge and agree that any Material which you provide including, but not limited to, your ideas, suggestions, comments and other feedback regarding your use of the Site or the Products, is not, except as may be required under applicable law or pursuant to the Privacy Policy, confidential, secret or proprietary.

You hereby acknowledge and agree that any or all information and Material provided by you to the Site may be included in a database owned by Harman in which we have rights and interests, including but not limited to, the compilation copyright, and we reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law. You, therefore, consent to Harman using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of Harman or the disclosure of your identity, in accordance with the Terms and Conditions and the Privacy Policy.

For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the Site, you hereby grant Harman a perpetual, worldwide, irrevocable, unrestricted, non‑exclusive, royalty‑free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by Harman of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against Harman for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that Haman is under no obligation to use any material or ideas submitted by you in any way whatsoever.

Furthermore, you acknowledge that unprotected e‑mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to Harman, the Company or the Site, no confidential, fiduciary, contractually implied or other relationship is created among you, Harman and/or the Company other than pursuant to the Terms and Conditions. Neither Harman nor the Company shall be responsible for the payment of any monies to any other party in connection with our use of any information or material provided by you to Harman, the Company or the Site. You also represent and warrant that any and all such information or Material which you provide to Harman and/or the Company, whether provided by you electronically by accessing or using the Site or otherwise, and Harman and/or the Company’s use of this information and Material so provided as permitted in the Terms and Conditions, does not infringe the rights of any other person or entity.

18. Copyrights and Trademarks

Material on the Site, including but not limited to texts, images, illustrations, articles, photographs, software, audio clips and video clips, is owned or otherwise provided by Harman and Harman does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Site is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. Harman is the owner of the copyright in the entire Site and, consequently, the material on the Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Harman. Trademarks, logos and service marks (collectively, the “Marks”) displayed on the Site are registered or unregistered Marks of Harman or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in the Site is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.

You have no right to any resale of the Site or its contents; any collection of product listings, descriptions or prices; any other derivative use of the Site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the Site or any trademark, logo or other proprietary information (including images, text, page layout, or form) of Harman or the Company without express written consent of Harman or the Company, as the case may be. You may not use any meta tags or any other “hidden text” utilizing Harman and/or the Company’s name or trademarks without the express written consent of Harman or the Company, as the case may be. Any unauthorized use of the Site and/or its contents terminates the permission or license granted by Harman and/or the Company, as the case may be.

Except as otherwise may be expressly provided herein, nothing contained in the Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Harman, the Company or any other person or entity.

19. Electronic Documents.

These Terms and Conditions in electronic document form, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all applicable statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You hereby consent to the exchange of information and documents among you and Harman and/or the Company over the Internet or by e mail, and you agree that the Terms and Conditions, together with any applicable Order Confirmation(s) accepted by the Company in electronic form shall be the equivalent of an original written paper agreement among us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.

20. Offers to Purchase / Termination of Access.

Display of Products on this Site shall not constitute an irrevocable offer to sell and the Company retains the sole discretion to accept or reject any orders made through the Site by you at any time and for any reason, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, the Company will issue a full refund. Previous purchases of Products shall not constitute the Company’s agreement to continue to sell further Products to you. We reserve the right to suspend, limit, restrict or terminate your access to the Site (or to change your user name and password) at any time and for any reason in its sole discretion. Any limitation on or termination by us of your access to the Site will be without prejudice to our other rights and remedies as may be available to us. The disclaimers, limitations on liability and all interpretative provisions shall survive any termination of these Terms and Conditions. Upon any termination or expiration of these Terms and Conditions, or upon the request of Harman and/or the Company at any time, you agree to cease accessing and using the Site and destroy your user name and password.

21. Cookies.

Harman may use “cookies” to track your preferences and activities on the Site. Cookies are small data files transferred to your computer’s hard drive by a website. They keep a record of your preferences, making your subsequent visits to the Site more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website. The use of cookies is a common practice adopted by most major websites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the Site’s functions will not be available, and the user will lose some of the benefits of the Site.

22. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HARMAN AND/OR THE COMPANY BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THE SITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM THE SITE, EVEN IF HARMAN, THE COMPANY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL HARMAN AND/OR THE COMPANY BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, OUR CONTRACTORS, THE INTERNET BACKBONE, THIRD‑PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF HARMAN AND/OR THE COMPANY.

IF, DESPITE THE LIMITATIONS ABOVE, HARMAN AND/OR THE COMPANY IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE SITE, IN NO CASE WILL HARMAN AND/OR THE COMPANY’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN, IN THE AGGREGATE, THE LESSER OF $1000 OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS PURCHASED BY YOU AND TO WHICH THE CLAIM RELATES.

IF YOU ARE DISSATISFIED WITH THE TERMS AND CONDITION OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SITE.

CERTAIN FEDERAL OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

FOR THE PURPOSES OF THIS SECTION, “HARMAN” AND “THE COMPANY” SHALL INCLUDE THEIR RESPECTIVE divisions, affiliates, subsidiaries and related companies INCLUDING THEIR successors and assigns, and their respective directors, officers, owners, employees, agents, mandataries, contractors, licensors, licensees and third-party suppliers.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

23. Indemnity.

By using the Site you hereby agree to indemnify, defend and hold harmless Harman and the Company from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by Harman and/or the Company in connection with any claim arising out of, based upon or resulting from your use of the Site. Harman and the Company reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of Harman and the Company.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

24. No Third Party Beneficiaries.

Customer agrees that it is the only person entitled to enforce this Agreement with Harman and/or the Company or to claim damages against, or other relief from, Harman and/or the Company with respect to these Terms and Conditions. Without limiting the foregoing, you agree that you shall not grant any person the right to claim from Harman and/or the Company damages or other losses suffered by such person even where such other person is a beneficiary, directly or indirectly, of any of the rights or products granted or provided under Terms and Conditions.

25. Revisions To Terms And Conditions / Waiver.

We reserve the right to modify these Terms and Conditions at any time by posting amended Terms and Conditions on the Site. The first time you purchase Products on the Site after the Terms and Conditions have been amended you will be provided with notice that they have been changed and you will be required to indicate your agreement to such amendments. It is your responsibility to review these Terms and Conditions each time you purchase Products. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such Term or Condition or any other Term or Condition. All waivers by Harman and the Company must be in writing and signed by an authorized representative of Harman and the Company.

26. Surveillance

We may monitor the access to the Site (and any other of its websites) and other activities in relation to the Site (and any other of its websites) and may intervene in this regard. However, we make no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Harman and/or the Company ever decides to do it.

27. Links To Other Websites

Links and references to other websites are provided to you as a convenience only. Harman has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to the Site, except if expressly permitted by Harman. To obtain such permission, please contact us here.

28. Reservation Of Rights.

Harman may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue the Site or any aspect of it, including but not limited to any Site content, features or hours of availability and Harman will not be liable to you or any third party for doing so. Harman may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or liability. All rights not expressly granted in the Terms and Conditions are reserved to Harman.

29. Force Majeure.

If, by reason of Force Majeure, Harman and/or the Company is delayed or unable, in whole or in part, to perform or comply with any of its obligations under these Terms and Conditions, then it shall be relieved of liability and shall suffer no prejudice for failing to perform to the extent that the inability was caused by Force Majeure. In the event of a Force Majeure, Harman and/or the Company shall use commercially reasonable efforts to remedy the situation and remove the cause of its inability to perform. “Force Majeure” means any event beyond the reasonable control of Harman and/or the Company, including an event of: fire, flood, earthquake, element of nature or act of God; third party failures or delays; Internet and/or telecommunications disruptions or failures; acts of war, terrorism, rebellions or revolutions in Canada; riots, civil disorders or disobedience; acts of vandalism or other unlawful acts; or any other similar events.

30. Governing Law.

This Site is administered by Harman from its offices in Connecticut, USA, and the Terms and Conditions, the Site, any use of the Site and any transaction conducted on or from it shall be governed by the laws of the Province of Québec and the laws of Canada applicable therein without reference to principles of conflict of laws. You acknowledge and agree that the purchase and sale of Products through your use of the Site and all of the communications, transmissions and transactions associated with the Site shall be deemed to have occurred in the Province of Québec and you, Harman and the Company each hereby irrevocably submit to the non-exclusive jurisdiction of the courts of the Province of Québec as the proper and most convenient forum for any dispute arising out of or relating to your use of the Site and these Terms and Conditions.

31. Severability.

If, in any jurisdiction, any of these Terms and Conditions are held to be unenforceable by a court of competent jurisdiction, such Terms and Conditions shall be restricted or eliminated to the minimum extent necessary and the remaining Terms and Conditions shall otherwise remain in full force and effect.

32. Jurisdiction.

Neither Harman nor the Company makes any representation that materials, information or products provided on or through the Site are appropriate or available for use in other locations or jurisdictions than Canada. Those who choose to access the Site from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

33. Assignment.

These Terms and Conditions may be assigned in whole or in part by Harman or the Company at any time in their discretion. These Terms and Conditions may not be assigned by you.

34. Enurement.

The Terms and Conditions shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

35. No Waiver.

The failure of Harman and/or the Company to enforce any provisions of the Terms and Conditions or to respond to a breach or default by you or any third party of the Terms and Conditions shall not in any way waive the right of Harman and/or the Company to subsequently enforce any of the Terms and Conditions contained herein or to act with respect to similar breaches or defaults.

36. Communications and Notices.

Customer hereby authorizes Harman and the Company to deliver any and all communications, including but not limited to Product, pricing, invoicing, and payment information to Customer’s electronic mail address or mailing address (that in each case was specified by you during the registration process on the Site) at Harman and/or the Company’s discretion and by any means including electronic mail. All electronic communication shall be deemed to have been received on the date sent (or the next business day if sent after business hours) unless Harman and/or the Company receives notification of a delivery failure.

37. Termination.

Harman and/or the Company reserves the right, at its sole discretion, to terminate your access to all or any part of the Site, with or without notice.

38. Headings.

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms and Conditions herein.

39. Language.

Une version française des Modalités est disponible ici.

A French version of the Terms is available here.

40. Contacting Us.

If you have any questions or concerns you may contact us by email at:

For Sales:

jbldirectsales@jamindustries.com

For Warranty:

jbldirectwarranty@jamindustries.com

For Support:

jbldirecttechsupport@jamindustries.com

You can also contact the Customer Service Center directly at:
Toll Free: 877-457-2592
Local: 514-457-7504
Monday to Friday 830am to 530pm EST

Terms & Conditions of Sale