Terms of Service

iyoiyo

TERMS OF SERVICE

Overview

This website is operated by IYO, Inc. (“IYO”). Throughout the website, the terms “we”, “us” and “our” refer to IYO. IYO offers this website, including all information, tools, and Services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

The following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, apply to all IYO websites, software, devices and associated firmware, applications, products, and any other services, features, or content offered or made available by IYO (collectively, the “Services”). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully. By accessing, using, or interacting with the Services, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you may not access, use, or interact with any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new products, features or tools that we make available shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes your binding acceptance of those changes.

Our store is hosted on Squarespace Inc. They provide us with the online e-commerce platform that allows us to offer and sell our Services to you.

Certain Services may be subject to additional or separate terms and conditions. If there is a conflict between these Terms and such other terms and conditions, such other terms and conditions shall control.

Section 1 - Eligibility

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, unless your parent or legal guardian agrees to these Terms on your behalf and grants you permission to use the Services. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to do so. You cannot access or use the Services if you are barred from receiving the Services under applicable law or have previously been suspended or removed from the Services.

A breach or violation of any of these Terms may result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse to provide the Services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

Section 4 - Modifications to the Services and Prices

Except where prohibited by applicable law, we reserve the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part or content thereof) without notice at any time. Prices for the Services are subject to change without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

Section 5 - Purchases, Returns/Exchanges, and Warranty

Products or Services may have limited quantities and are subject to return or exchange only according to our Refund and Exchange Policy (iyo.audio/refunds).

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Services at any time. Any offer for any Services made on this site is void where prohibited.

Please see the IYO Limited Warranty Policy (iyo.audio/warranty) for information regarding our warranty. We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

Battery life for your product will depend on product settings, usage, and many other factors. Battery tests are conducted using production units but your actual results may vary.

To prevent noise-induced hearing loss, you should ensure that you are caring for your hearing properly when wearing headphones and earbuds. Headphones and earbuds are generally safe when used as intended, but need to be used responsibly. When using headphones or earbuds for any period of time, be careful to ensure the volume level is safe and take listening breaks.

Section 6 – Account; Accuracy of Billing and Account Information

You may be required to create an account to use parts of the Services. To create an account, you may need to provide a password, username, and other information such as your name and email address. You are solely responsible for maintaining the accuracy and confidentiality of your information. You may not transfer, sell, assign, or sublicense your account without our prior written approval. You are solely responsible for all usage or activity that occurs under your account, including, but not limited to, use of the Services by any person who uses your account, with or without authorization. You agree to immediately notify us of any unauthorized use or any other breach of security of your account. IYO will not be liable for losses incurred as a result of any unauthorized use of your account. Information submitted by you is governed in accordance with the IYO Privacy Policy (iyo.audio/privacy).

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account and/or the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new products, services, and/or features (including the release of new tools and resources). Such new products, features, and/or services shall also be subject to these Terms.

Section 8 - Third-Party Links

Certain content, products, and services available via the Services may include materials from third-parties.

Third-party links provided via the Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - User Comments, Feedback and Other Submissions

If, at our request, you provide certain submissions (for example contest entries) or without a request from us, you submit, display, post, or otherwise make available creative ideas, suggestions, proposals, plans, or other materials or content, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you grant IYO a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or hereafter devised, without compensation to you, for any purpose including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof. You maintain sole responsibility for any User Content, including any necessary third-party rights thereto. We take no responsibility and assume no liability for any User Content provided by you or any third-party.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that the User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that the User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

If you provide suggestions, ideas, comments, or other feedback to us in any form, whether in User Content or otherwise (“Feedback”), the following terms will apply:

(a) Feedback shall be our sole and exclusive property, with no compensation to you. You hereby irrevocably assign to us and agree to irrevocably assign to us all right, title, and interest in and to all Feedback, including any intellectual property rights therein.
(b) We shall have no obligation of any kind with respect to Feedback and shall be free, without any compensation or credit to you of any kind, to reproduce, use, disclose, and distribute Feedback, including any ideas, concepts, know-how or techniques contained therein, on an unrestricted basis for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating the Feedback.

Section 10 – Privacy

For information about our data practices, including our collection and use of your information, please see the IYO Privacy Policy (iyo.audio/privacy). Our Privacy Policy applies to your use of the Services and is incorporated by reference into these Terms.

Section 11 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you will not use the Services: (a) for any unlawful or unauthorized purpose; (b) to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, or for invasive, defamatory or fraudulent activity; (f) to violate the legal rights of others, or to harass, abuse, insult, defame, slander, disparage, intimidate, discriminate against, or harm another individual, including due to gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. Further, you will not advocate, encourage, or assist any third party in doing any of the foregoing. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

OTHER THAN AS EXPRESSLY PROVIDED IN WRITING BY IYO IN CONNECTION WITH YOUR PURCHASE OF ANY IYO SERVICES, (a) THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (b) IYO EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

SPECIFICALLY, BUT WITHOUT LIMITATION, IYO DOES NOT WARRANT THAT: (i) THE SERVICES OR CONTENT ARE FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IYO MAKES NO WARRANTY THAT IYO WILL UPDATE OR CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE, APPLICATION OR PRODUCT FOR ANY PARTICULAR LENGTH OF TIME, AND IYO RESERVES THE RIGHT TO CHANGE, UPDATE AND DISCONTINUE THE SERVICES WITHOUT NOTICE TO YOU. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE AGREED IN WRITING BY IYO IN CONNECTION WITH YOUR PURCHASE OF ANY IYO SERVICES, IN NO EVENT SHALL IYO OR ITS AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO ANY COMPUTER OR DEVICE, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY CONTENT, OR ANY LINK OR CONNECTION PROVIDED BY THE SERVICES, WHETHER OR NOT IYO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.

IN ANY EVENT, IYO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES WILL NOT EXCEED THE AMOUNT PAID FOR THE SPECIFIC SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PAID SERVICE, $100.

IYO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, AND IYO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IYO WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING.

THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IYO AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Section 14 - Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless IYO and our parent, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers (and all successors and assigns of any of the foregoing) harmless from and against any claim or demand, including without limitation, reasonable attorneys’ fees, in connection with or arising out of your use of the Services or Content, your breach of these Terms or the documents they incorporate by reference, or your violation of any applicable law or the rights of a third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes and in any event, you will cooperate with us in asserting any available defenses.

Section 15 - Entire Agreement; Severability

These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us with respect to the subject matter, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us with respect to the subject matter (including, but not limited to, any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms while the remaining provisions remain in full force and effect. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

These Terms are effective unless and until terminated by either you or us.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate.

You may terminate these Terms at any time by notifying us that you no longer wish to use the Services, or when you cease using all Services.

Termination of your use or access to the Services may also include, at IYO’s sole discretion, the deletion of your account and/or content, and you will not be able to retrieve any information related to your account except as required by applicable law.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

Section 17 - Waiver

No failure or delay by IYO at any time to enforce one or more of the terms, conditions or obligations of these Terms will (i) constitute a waiver of such term, condition or obligation, (ii) preclude IYO from requiring performance by you at any later time, or (iii) be deemed to be a waiver of any other subsequent term, condition or obligation, whether of like or different nature.

Section 18 - Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law principles. Any claim or dispute arising out of or in connection with these Terms or the use of the Services may be brought only in the state or federal courts located in San Mateo County, California, which courts shall have exclusive jurisdiction thereof, and each you and IYO each waive any claim that such courts do not have jurisdiction or are an inconvenient forum.

Section 19 – No Agency

No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of IYO, or to bind IYO in any respect.

Section 20 – Assignment

These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by IYO without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.

Section 21 – Notices

We may deliver notice to you by email, posting a notice on the Services, or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received by mail at 2606 Spring St. Redwood City, CA 94063

Section 22 - Changes to Terms of Service

You may review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 constitutes acceptance of those changes.

Section 23 - Contact Information

If you have any questions regarding the Terms, please email us at support@iyo.audio.

Our contact information is as follows:

IYO, Inc.

support@iyo.audio

2606 Spring St. Redwood City, CA 94063

1-650-472-0011