In this Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to Sound Concepts (“Sound Concepts”). This Agreement explains our obligations to you, and your obligations to us in relation to the Auto-Delivery Program (“ADP”) you are subscribing to. By subscribing to the ADP, you agree to establish an account with us for such services. When you use your account to purchase or otherwise acquire access to additional Sound Concepts products, or to modify or cancel your ADP subscription (even if we were not notified of such authorization), this Agreement as amended covers any such service or actions. Any acceptance of your subscription or requests for our products and the benefits of the Program will occur at our offices in Orem, Utah, the location of our principal places of business.
All benefits that we offer in the Auto-Delivery Program are conditioned upon your compliance with these Terms and Conditions, and all other applicable rules and regulations. These rules are subject to change at any time. Unless otherwise stated, the current rules in effect at the time of your transaction will govern that transaction. Current versions of these Terms and Conditions, and other applicable rules that may apply to your subscription, are available at our website or from a Sound Concepts representative. Please check back frequently for program updates or rule changes.
AUTO-DELIVERY PROGRAM: You hereby agree to subscribe to the Auto-Delivery Program by allowing your credit card to be automatically billed a monthly subscription fee. There is NO minimum commitment; you may cancel your Auto Delivery subscription at any time without penalty by calling our office. The monthly subscription fee is $99.99 and is non-refundable once processed. After the subscription fee has been paid, you are qualified to receive the discounts on those of our products to which this Program applies. Orders using the discounts offered in the Auto-Delivery Program will ship within the normal course of our business. There is no delay in processing or shipping your order solely for using this Program. However, for ease of processing and shipping, orders made through your ADP account must ship to the same address each month. Any DROP SHIP orders are in direct violation of this agreement and would be cause for termination. Further, the base order of products for which the Auto-Delivery Program qualifies you, does not also qualify for Points under the Sound Concepts Rewards Program. Only additional product, above and beyond said base order, shall qualify for Sound Concepts Rewards Points.
We will automatically ship you the previous months ADP order unless you change your order online. You can change your order by logging in to your account using the same email you provided when signing up, and clicking on the ADP tab in your account. Only changes to your ADP account online will be accepted. We are not responsible for verbal changes. Changes must be made three (3) days prior to your anniversary date in order for your ADP to be properly submitted.
ADP discounts are non-transferable. ADP discounts include Shipping costs but NOT Taxes applicable to the purchase. Not all of our products are available for purchase through the Auto-Delivery Program. For a full list of applicable products please see our brochure or visit our website.
We reserve the right to terminate your membership in the Auto-Delivery Program at any time if you violate these Terms or Conditions or any other rules and regulations that apply to your account. Termination of your membership will result in a loss of all accumulated ADP benefits. Terminated members are not eligible to participate in any aspect of the Auto-Delivery Program. Those whose accounts have been terminated for any reason may not reopen new accounts. It is your responsibility to familiarize yourself with the Auto-Delivery Program rules and with the other terms and conditions that apply to your account. If you have any question about the rules that are applicable to your situation, please check our website or contact a Sound Concepts representative for guidance.
We reserve the right to change program rules, benefits, regulations, fees, guidelines, and special offers at any time without notice. Such changes to our Auto-Delivery Program may include modifications that (i) govern benefits earned on or after the date of change, (ii) change the value of already accumulated benefits or (iii) govern benefits earned on or after the date of change and change the value of already accumulated discounts. We reserve the right to terminate the Auto-Delivery Program with one months' notice. Unless otherwise stated, the terms and conditions of the Auto-Delivery Program in effect at the time of your purchase, or other transaction will govern the transaction.
To ensure the ADP discount toward a purchase, please be sure to log into your account using the same email address you used to sign up with. Failure to do so may result in no discounts being received. The email given at the time of purchase must match the email on the ADP Account for discounts to be credited.
If a discount for a qualifying Sound Concepts purchase is not credited to your account, please send written inquiry to:
Sound Concepts
ADP Service Center
782 S Auto Mall Drive - Suite A
American Fork, Utah 84003
MISCELLANEOUS: YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE BENEFITS PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SAID BENEFIT(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL SOUND CONCEPTS, INC., ITS LICENSORS AND CONTRACTORS (INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
You and Sound Concepts agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Utah, United States of America. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the District of Utah, for any disputes under, arising out of, or related in any way to this Agreement (whether or not such disputes also involve other parties in addition to you and us). If there is no jurisdiction in the United States District Court for the State of Utah, for any such disputes, you and we agree that exclusive jurisdiction and venue shall be in the courts of Utah County, Utah. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
You agree that this Agreement is the entire, complete and exclusive agreement between you and us regarding the Auto-Delivery Program and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.