Terms & Conditions:
Effective Date: January 1st, 2020
Site Covered: www.audiophileninja.com
THE AGREEMENT: The use of this website and services on this website provided by
ATMA Enterprises LLC (hereinafter referred to as “Company”) are subject to the
following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of
which are specifically incorporated by reference here. This Agreement shall govern the
use of all pages on this website (hereinafter collectively referred to as “Website”) and
any services provided by or on this Website (“Services”).
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us, We: The Company, as the creator, operator, and publisher of the
Website, makes the Website, and certain Services on it, available to users. ATMA
Enterprises LLC, Company, Us, We, Our, Ours and other first-person pronouns will
refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website, will be referred to
throughout this Agreement with second-person pronouns such as You, Your, Yours,
or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be
referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement
and that You agree to be bound by it. If You do not agree to be bound by this
Agreement, please leave the Website immediately. The Company only agrees to provide
use of this Website and Services to You if You assent to this Agreement.
3) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the
Website or Services. Such information may include, but is not limited to, documentation,
data, or information developed by the Company, and other materials which may assist in
Your use of the Website or Services (“Company Materials”). Subject to this Agreement,
the Company grants You a non-exclusive, limited, non-transferable and revocable
license to use the Company Materials solely in connection with Your use of the Website
and Services. The Company Materials may not be used for any other purpose, and this
license terminates upon Your cessation of use of the Website or Services or at the
termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property
of the Company, including all copyrights, trademarks, trade secrets, patents, and other
intellectual property (“Company IP”). You agree that the Company owns all right, title
and interest in and to the Company IP and that You will not use the Company IP for any
unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP
in any way, including electronically or via registration of any new trademarks, trade
names, service marks or Uniform Resource Locators (URLs), without express written
permission from the Company.
5) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When You
do so, You will choose a user identifier, which may be Your email address or another
term, as well as a password. You may also provide personal information, including, but
not limited to, Your name. You are responsible for ensuring the accuracy of this
information. This identifying information will enable You to use the Website and
Services. You must not share such identifying information with any third party, and if You
discover that Your identifying information has been compromised, You agree to notify Us
immediately in writing. Email notification will suffice. You are responsible for maintaining
the safety and security of Your identifying information as well as keeping Us apprised of
any changes to Your identifying information. Providing false or inaccurate information, or
using the Website or Services to further fraud or unlawful activity is grounds for
immediate termination of this Agreement.
6) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose
prohibited under this clause. You agree not to use the Website or Services in any way
that could damage the Website, Services, or general business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software
that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or
discrimination towards any group;
VIII) To unlawfully gather information about others.
7) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain
information. By using the Website or the Services, You authorize the Company to use
Your information in the United States and any other country where We may operate.
a) Information We May Collect or Receive: When You register for an account, You
provide Us with a valid email address and may provide Us with additional
information, such as Your name or billing information. Depending on how You use
Our Website or Services, We may also receive information from external
applications that You use to access Our Website, or We may receive information
through various web technologies, such as cookies, log files, clear gifs, web
beacons or others.
b) How We Use Information: We use the information gathered from You to ensure
Your continued good experience on Our website, including through email
communication. We may also track certain aspects of the passive information
received to improve Our marketing and analytics, and for this, We may work with
c) How You Can Protect Your Information: If You would like to disable Our access to
any passive information We receive from the use of various technologies, You may
choose to disable cookies in Your web browser. Please be aware that the Company
will still receive information about You that You have provided, such as Your email
address. If You choose to terminate Your account, the Company will store
information about You for the following number of days: 18,250. After that time, it
will be deleted.
The Company may sell goods or services or allow third parties to sell goods or services
on the Website. The Company undertakes to be as accurate as possible with all
information regarding the goods and services, including product descriptions and
images. However, the Company does not guarantee the accuracy or reliability of any
product information, and You acknowledge and agree that You purchase such products
at Your own risk.
9) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from Us, and You
acknowledge and affirm that prices are subject to change. When purchasing a physical
good, You agree to provide Us with a valid email and shipping address, as well as valid
billing information. We reserve the right to reject or cancel an order for any reason,
including errors or omissions in the information that You provide to us. If We do so after
payment has been processed, We will issue a refund to You in the amount of the
purchase price. We also may request additional information from You prior to confirming
a sale, and We reserve the right to place any additional restrictions on the sale of any of
Our products. You agree to ensure payment for any items You may purchase from Us,
and You acknowledge and affirm that prices are subject to change. For the sale of
physical products, We may preauthorize Your credit or debit card at the time You place
the order, or We may simply charge Your card upon shipment. You agree to monitor
Your method of payment. Shipment costs and dates are subject to change from the
costs and dates that You are quoted due to unforeseen circumstances. For any
questions, concerns, or disputes, You agree to contact Us in a timely manner at the
following: firstname.lastname@example.org .
If You are unhappy with anything You have purchased on Our Website, You may do the following within 14 days of receipt:
Email support at email@example.com to notify of your intent to return, so we may create an RMA.
Products sent back without a valid RMA confirmation will not be accepted or refunded.
Once a return has been authorized, send back the product within 7 days.
Return package must have tracking.
All products must be returned in original condition and are subject to a restocking fee up to 15%, plus any loss in value due to damage.
Any shipping charges will not be refunded, and customer responsible for return shipping.
Audiophile Ninja is not responsible for delayed or lost mail. You agree to the terms and conditions of the shipping provider you have selected, and understand the chosen carrier’s estimated shipment times, and issue resolution for any lost/delayed mail. For any shipping issues, customer must notify us via email at firstname.lastname@example.org, and we will create a ticket with the shipper to perform an investigation.
Only once the shipping provider’s case is complete, and status determined, will a refund be issued solely at our discretion.
10) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or
software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access,
circumvention of encryption or other security tools, data mining or interference to
any host, user or network.
11) DATA LOSS
The Company does not accept responsibility for the security of Your account or content.
You agree that Your use of the Website or Services is at Your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable)
and hold Us harmless against any and all legal claims and demands, including
reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the
Website or Services, Your breach of this Agreement, or Your conduct or actions. You
agree that the Company shall be able to select its own legal counsel and may participate
in its own defense, if the Company wishes.
13) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s Services for
illegal spam activities, including gathering email addresses and personal information
from others or sending any mass commercial emails.
14) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You
agree that the Company is not responsible or liable for any loss or damage caused as a
result of Your use of any third party services linked to from Our Website.
15) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this
Agreement. You agree that the Company has the right to modify this Agreement or
revise anything contained herein. You further agree that all modifications to this
Agreement are in full force and effect immediately upon posting on the Website and that
modifications or variations will replace any prior version of this Agreement, unless prior
versions are specifically referred to or incorporated into the latest modification or
variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid
by any court of law, You agree that the prior, effective version of this Agreement
shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date
posted at the top of this Agreement to note modifications or variations. You further
agree to clear Your cache when doing so to avoid accessing a prior version of this
Agreement. You agree that Your continued use of the Website after any
modifications to this Agreement is a manifestation of Your continued assent to this
c) In the event that You fail to monitor any modifications to or variations of this
Agreement, You agree that such failure shall be considered an affirmative waiver of
Your right to review the modified Agreement.
16) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to
any and all use of this Website. This Agreement supersedes and replaces all prior or
contemporaneous agreements or understandings, written or oral, regarding the use of
17) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform
maintenance or emergency services on a scheduled or unscheduled basis. You agree
that Your access to the Website may be affected by unanticipated or unscheduled
downtime, for any reason, but that the Company shall have no liability for any damage or
loss caused as a result of such downtime.
18) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with
or without cause. The Company specifically reserves the right to terminate this
Agreement if You violate any of the terms outlined herein, including, but not limited to,
violating the intellectual property rights of the Company or a third party, failing to comply
with applicable laws or other legal obligations, and/or publishing or distributing illegal
material. If You have registered for an account with Us, You may also terminate this
Agreement at any time by contacting Us and requesting termination. At the termination
of this Agreement, any provisions that would be expected to survive termination by their
nature shall remain in full force and effect.
19) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk
and that any Services provided by Us are on an “As Is” basis. The Company hereby
expressly disclaims any and all express or implied warranties of any kind, including, but
not limited to the implied warranty of fitness for a particular purpose and the implied
warranty of merchantability. The Company makes no warranties that the Website or
Services will meet Your needs or that the Website or Services will be uninterrupted,
error-free, or secure. The Company also makes no warranties as to the reliability or
accuracy of any information on the Website or obtained through the Services. You agree
that any damage that may occur to You, through Your computer system, or as a result of
loss of Your data from Your use of the Website or Services is Your sole responsibility
and that the Company is not liable for any such damage or loss.
20) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your
use of the Website or Services, to the fullest extent permitted by law. The maximum
liability of the Company arising from or relating to this Agreement is limited to the greater
of one hundred ($100) US Dollars or the amount You paid to the Company in the last six
(6) months. This section applies to any and all claims by You, including, but not limited
to, lost profits or revenues, consequential or punitive damages, negligence, strict liability,
fraud, or torts of any kind.
21) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this
Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website
or Services, You agree that the laws of the State of Wisconsin shall govern any
matter or dispute relating to or arising out of this Agreement, as well as any dispute
of any kind that may arise between You and the Company, with the exception of its
conflict of law provisions. In case any litigation specifically permitted under this
Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the
state and federal courts of the following county: Dane, Wisconsin. The Parties agree
that this choice of law, venue, and jurisdiction provision is not permissive, but rather
mandatory in nature. You hereby waive the right to any objection of venue, including
assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out
of this Agreement, the Parties shall first attempt to resolve the dispute personally
and in good faith. If these personal resolution attempts fail, the Parties shall then
submit the dispute to binding arbitration. The arbitration shall be conducted in the
following county: Dane. The arbitration shall be conducted by a single arbitrator, and
such arbitrator shall have no authority to add Parties, vary the provisions of this
Agreement, award punitive damages, or certify a class. The arbitrator shall be
bound by applicable and governing Federal law as well as the law of the following
state: Wisconsin. Each Party shall pay their own costs and fees. Claims
necessitating arbitration under this section include, but are not limited to: contract
claims, tort claims, claims based on Federal and state law, and claims based on
local laws, ordinances, statutes or regulations. Intellectual property claims by the
Company will not be subject to arbitration and may, as an exception to this sub-part,
be litigated. The Parties, in agreement with this sub-part of this Agreement, waive
any rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be
assigned, sold, leased or otherwise transferred in whole or part by You. Should this
Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise
transferred by the Company, the rights and liabilities of the Company will bind and
inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or
unenforceable by a court of law or competent arbitrator, the remaining parts and
sub-parts will be enforced to the maximum extent possible. In such condition, the
remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement,
this shall not constitute a waiver of any future enforcement of that provision or of any
other provision. Waiver of any part or sub-part of this Agreement will not constitute a
waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under
this Agreement are for convenience and organization, only. Headings shall not
affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership,
or joint venture has been created between the Parties as a result of this Agreement.
No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to
causes beyond its reasonable control including, but not limited to, acts of God, acts
of civil authorities, acts of military authorities, riots, embargoes, acts of nature and
natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications
are permitted to both Parties under this Agreement, including e-mail or fax. For any
questions or concerns, please email Us at the following address: