PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES AND USE OF THIS SITE (LOCATED AT URL CASATUNES.COM).
By using this Site and purchasing a product from this Site, you are agreeing to the following terms and conditions. We reserve the right to make any changes to these Terms and Conditions at any time.
CASATUNES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that CasaTunes, including it's members, officers, employees and other representatives shall not be liable for damages arising from the operation, content or use of this Site. This limitation of liability is comprehensive and applies to damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive, and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or a third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or from any links to this Site.
If the price of a product is incorrectly listed on our Site, CasaTunes shall have the right to refuse or cancel any orders placed with the incorrect pricing.
CasaTunes may terminate your access to this Site without notice, if CasaTunes believe your conduct on this Site to be disruptive or in violation of these Terms and Conditions.
Any product offered by CasaTunes is warranted only to the extent of the applicable warranty contained with the product documentation.
EXCEPT AS EXPRESSLY STATED HEREIN, CASATUNES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE.
EXCEPT AS EXPRESSLY STATED HEREIN, CASATUNES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, CASATUNES SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL CASATUNES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF CASATUNES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
CASATUNES SHALL NOT BE LIABLE IF CASATUNES IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
CasaTunes does not guarantee product availability, and reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. In these cases CasaTunes may, at its discretion, ship products which have substantially similar functionality and specifications, or cancel your order.
This agreement will be governed by and interpreted under the laws of the State of Florida. The parties agree that venue for any legal proceeding or action at law arising out of or constituting this Agreement shall be in the state courts of Orange County, Florida, or the United States District Court for the Middle District of Florida, Orlando Division, and will inure to the benefit of and be binding upon the parties hereto and their heirs, personal representatives, and successors. If any dispute falls outside of the jurisdiction of small claims court, the parties consent that the matter will proceed to binding arbitration in the State of Florida in accordance with the then existing provisions of the Florida Arbitration Code.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby.
Products purchased or received under these Terms and Conditions are subject to export laws and regulations of the United States.
Effective as of September 1, 2017
