TERMS OF SERVICE

 

OVERVIEW

 

This website is operated by Barnstorm Studio, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Barnstorm Studio, LLC. Barnstorm Studio, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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 website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Wix.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

GENERAL CONDITIONS

 

We reserve the right to refuse service 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.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

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

 

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.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

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

 

PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 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 product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

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.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

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, 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 e-mail 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 at our store. 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. For more detail, please review our Returns Policy.


REPAIR TERMS AND CONDITIONS

 

Please read the Repair Terms and Conditions carefully. By submitting your product to Barnstorm Studio, LLC (BSS) you agree that these Repair Terms and Conditions will govern the repair of your product by us. If you do not agree to these terms and conditions, do not submit your product to us.

 

1.  Repair Service. We will repair your product as described and for the estimated charges shown (unless such estimated charges are subsequently revised with your written or oral consent). When the product is covered by warranty or an extended service contract, we will perform repairs under the terms of such warranty or extended service, provided that you have presented satisfactory proof of the product’s eligibility for such repairs. You will be responsible for any additional charges applicable under or beyond your product’s warranty or extended service contract, including any applicable tax. 

 

2.  Subcontractors. BSS may subcontract with other service providers for the repair of your product.

 

3.  Payment. Unless your product is repaired under warranty or extended service contract without any charge, you will promptly pay us the estimated charges plus any additional charges subsequently agreed to by you. Your payment is due when the product is returned to you by us or within 30 days of Invoice. Unless specified otherwise, the estimated amount includes all parts, labor, any transportation required for the repair of the product, and any applicable tax. You may, in our sole discretion, be responsible for the diagnostic fee on the reverse side, plus any applicable tax, if we inspects your product, provides an estimate for you, and you do not authorize us to undertake the repairs for the estimated charges. If we determines, while inspecting your product, that repairs are needed due to failures of parts that are neither supplied by the distributor nor distributor branded or are needed due to damage caused by abuse, misuse or misapplications, we reserves the right to return the product to you without repairing it, and may hold you responsible for the diagnostic fee on the reverse side, plus any applicable tax.

 

4.  Unanticipated Labor/Parts. If the requested repairs require labor and/or parts not specified BSS may seek your approval to revise the estimate. If you do not agree that we may revise the charges, we may return your product and hold you responsible for the diagnostic fee shown on the reverse side, plus any applicable tax.

 

5.  Parts. In repairing your product under your product’s warranty or extended service contract, we may use new, used or reconditioned parts, as permitted by the terms of such warranty or extended service contract. If repairing parts outside of the warranty or extended service contract, we may use new, used or reconditioned parts. We will retain any replaced part as its property, and the replacement part will be your property. Replaced parts may be repairable and are exchanged or repaired by us for value. To the extent permitted by applicable law, you hereby waive any right you may have to receive any replaced parts. If applicable law requires us to return a replaced part to you, you agree to pay us the additional cost of the replacement item.

 

6.  Disclaimer of Warranty. If Barnstorm Studio, LLC (BSS) repairs your product under warranty or extended service contract, the repairs will be covered solely by the terms of the warranty or extended service contract and any applicable provisions of law. If your product is repaired outside of warranty, we warrant (1) that repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free form defects in materials and workmanship for a period of ninety (90) days, unless otherwise specified by us. If a defect exists in a replacement part during the part’s warranty period as identified in the preceding sentence, in its sole discretion, we will (1) repair the part, using new, used or reconditioned parts, (2) replace the part with a new, used or reconditioned equivalent part, or (3) refund the fair market value of the part as determined by manufacturer. THIS WARRANTY AND REMEDY ARE EXCLUSIVE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO THE REPAIR PARTS. BARNSTORM STUDIO, LLC SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE REPAIR PARTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. IF we CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTY.

 

7.  Limitation of Liability. BARNSTORM STUDIO, LLC. IS NOT RESPONSIBLE FOR ANY FAILURES OR DELAYS IN PERFORMING UNDER THIS AGREEMENT THAT ARE DUE TO EVENTS OUTSIDE OF ITS REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, BARNSTORM STUDIO, LLC., OFFICERS, AGENTS, AND EMPLOYEES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PERFORMANCE OR OMISSION OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFIT (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF REPUTATION; LOSS OF OPPORTUNITY; LOSS OF USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED ON YOUR PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. BSS SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (1) REPAIR OR REPLACE YOUR PRODUCT WITOUT RISK TO OR LOSS OF PROGRAMS OR DATA, OR (2) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN OUR CUSTODY, OUR LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE BSS'S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY US FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY US UNDER THESE TERMS AND CONDITIONS. 

 

 8.  Backup of Data and Information. Barnstorm Studio, LLC is not liable for loss or corruption of data or your confidential, proprietary or personal information or removable data. Before you bring in your product for any repair service, you should make a backup copy of your data and remove any confidential, proprietary or personal information and removable media such as floppy disks, CDs or PC cards. Please see our Privacy Policy for details.

 

9.  Abandon Product. If you have not claimed your product and paid all charges due within sixty (60) days after being notified by Barnstorm Studio, LLC that your product is available to be returned to you, we will consider your product abandoned. We will provide such notice to you at the mailing address you furnished when you authorized the repairs. We may dispose of your product in accordance with applicable provisions of law, and specifically may sell your product without liability to you. We  reserve its statutory and any other lawful liens for unpaid charges.

 

10.  Installation Services. If the repair service involves transferring information or installing software on the product, you represent that you have legal right to copy and agree to the terms of the software license, and you authorize Barnstorm Studio, LLC to transfer information and accept such terms on your behalf in performing such service.

 

11.  Complete Agreement. These Terms and Conditions are the only ones that govern Barnstorm Studio, LLC’s repair of your product. No other oral or written terms or conditions apply, including any terms or conditions contained in any purchase order that you provide to us. No one has authority from us to vary any of these Terms and Conditions.

 

12.  Personal Information. You agree and understand that it is necessary for Barnstorm Studio, LLC to collect, process and use your personal data in order to perform the service and support obligations under these Terms and Conditions.

 

GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Massacuhsetts.

 

CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service 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 Service 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 Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at info@barnstormstudio.com.