Terms of Service
1. ACCEPTANCE OF THE TERMS OF USE
The website https://www.roadietuner.com ("Website") is published and maintained by Band Industries Inc. ("Roadie"). These terms of use ("Terms of Use") govern your use of the Website, any content or documents that Roadie may make available through the Website ("Contents" or "Materials"), any services that Roadie may provide through the Website, and your use of Roadie’s app (“App”). By browsing, accessing, or using the Website or the App, you indicate that you have read, understand and agree to the Terms of Use contained herein. If you do not agree to the Terms of Use, you are not authorized to use the Website and the App. Your violation of the Terms of Use automatically terminates your authorization to use this Website and App. Roadie reserves the right to change the Terms of Use as it sees fit, and your continued use of the Website or App will signify your acceptance of any changes to the Terms of Use. You are therefore advised to re-read the Terms of Use on a regular basis.
2. PRODUCTS AND SERVICES OFFERED
Roadie, through this Website, provides you with various services including an app download area, an online store, a review section and facilities to contact customer support ("Services"). Roadie also provides you with products that are listed on the Website, including but not limited to Roadie 1, Roadie 2 and Roadie Bass and other products and accessories (“Products”). All Products and Services are available online through the Website. These Products and Services may have limited quantities and are subject to return or exchange only according to our Returns and Exchanges Policy. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or pricing are subject to change anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. All Products and Services available through this Website are subject to these Terms of Use.
3. PROPRIETARY RIGHTS
This Website, as well as the Contents, Materials, Products and Services available therein, are all the property of Roadie and are protected by copyright, trademark, patents laws and other intellectual property laws. No user of this Website shall copy, use, reproduce, modify, lease, transmit, loan, distribute, display, reverse engineer, decompile, disassemble or in any way exploit copyrighted or proprietary Materials and Products available on the Website or the software or code used in connection with the Website, except as expressly permitted in section 4 thereof.
4. PERSONAL NON-COMMERCIAL USE OF THE WEBSITE
You may view, copy, print and use the Contents and Materials contained on this Website solely for your own personal use and provided that: (1) the below copyright notice appears in all copies; (2) the Contents and Materials available from this Website are used for informational and non-commercial purposes only; (3) no text, graphics or other content available from this Website is modified or framed in any way; and (4) no graphics available from this Website are used, copied or distributed separate from accompanying text; and (5) no additional representations or warranties relating to said Contents and Materials are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Nothing contained herein shall be construed as conferring by implication or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Roadie or any third party, except as expressly provided herein. © Copyright 2017 Band Industries, Inc.
5. PRIVACY
Please refer to the Privacy Policy for disclosures relating to the collection and use of your personal information. Personal information is any information that is used to identify a particular person, such as a name, address, telephone number, email address and so on.
6. THIRD PARTY PAYMENT SERVICES
To purchase any Product you must pay the amount of the Product elected by you by credit card or debit card through PayPal or Stripe. We do not retain credit card information. We only acknowledge orders by email. Any acknowledgement is not intended to, nor does it, constitute Roadie’s acceptance of an order or confirmation of an offer to sell any Product. We reserve the right, without prior notice, to limit the order quantity on any Product and/or to refuse to render a Service to any person.
7. RETURNS AND EXCHANGES POLICY
Roadie takes pride in its Products and desires that all customers be satisfied with their purchase. If for any reason within the first thirty (30) days you are unsatisfied with your Roadie Product(s), you may return or exchange them. At Roadie’s sole discretion, we reserve the right to deny the issuance of a credit or refund for any Roadie Product(s) that are believed to be abused or damaged due to an improper usage. Any such items returned to us will be sent returned to the customer without processing and without any further obligation from us. For more information on our Returns and Exchanges Policy, please click here.
8. YOUR COMMENTS AND OTHER SUBMISSIONS
If, at our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether on the blog of the Website, by email, by postal mail, or otherwise (collectively “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy or other proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus that could in any way affect the operation of the Services or any feature of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you.
9. LIMITATION OF WARRANTY
Every Roadie Product comes with one (1) year of hardware repair coverage through its limited warranty. This warranty does not cover problems caused by the customer’s acts (or failures to act) which ignores the manual’s instructions, the acts of others, or events beyond Roadie's reasonable control. Roadie's extended warranty extends your coverage to two (2) years from the original purchase date of your Roadie Product and adds up to two incidents of accidental damage coverage, each subject to a service fee of $10, plus applicable tax.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ROADIE BE LIABLE FOR ANY DIRECT, INDIRECT, FORESEEN OR UNFORESEEN, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ERRORS OR OMISSIONS IN THE CONTENTS OR FUNCTIONS OF THIS WEBSITE, EVEN IF ROADIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IN JURISDICTIONS WHICH PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, ROADIE'S LIABILITY IN THOSE JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. DISCLAIMER
We do not guarantee, represent or warrant that your use of our Products and/or Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Products and/or Services will be accurate or reliable. You agree that from time to time we may remove a Service for indefinite periods of time or cancel a Service at any time, without notice to you.
12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Roadie, its officers, directors, employees, affiliates, partners, subsidiaries, agents, as well as third parties and service providers acting on Roadie's behalf ("Indemnified Parties") from and against any and all claims, actions, losses, demands, liability, costs and expenses (including without limitation reasonable legal and accounting fees), arising from:
  • Your use of this Website or its Services or Contents;
  • Your breach of this Website's Terms of Use, or Privacy Policy as posted on this Website and as modified from time to time;
  • Any information submitted, posted, or otherwise provided by you through this Website;
  • Any dispute or litigation between an Indemnified Party and a third party caused by your actions;
  • Your negligence or violation or alleged violations of any rights of another, based on your use of this Website, its Services or Contents.
13. GOVERNING LAW AND JURISDICTION
Except to the extent they are preempted by U.S. federal law, the laws of Delaware, other than its conflict-of-laws principles, govern these Terms of Use and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms of Use or their subject matter. By using this Website, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Delaware. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE AND/OR THESE TERMS OF USE, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms of Use operate to the fullest extent permissible by law.
14. CHANGES TO THESE TERMS OF USE
You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
15. CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at [email protected].