Terms of Service
March 31, 2022
Note: All changes will be noted with a footnote, with date of change.
Website owner, the offering, and binding of terms
This website is owned and operated by Clare Innes, dba Ukulele Clare. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information on classes and events offered by Ukulele Clare and through various entities (including but not limited to town recreation departments, Osher Lifelong Learning programs, libraries, private venues, etc.). By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Who can use our website and receive services
In order to use our website and/or receive our services, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key commercial terms
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. (iii) you are purchasing the item “as-is,” and any damage or defects reported after a period of fifteen (15) business days of purchase will be considered not the fault of Ukulele Clare or the item itself, but damage from customer use or neglect, and therefore not eligible for full or partial refund.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
Return and refund policy
For any undamaged physical product, simply return it in sellable condition with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) Purchaser is responsible or return shipping to address provided in email correspondence by Ukulele Clare. Return to any other address will constitute an error on the part of the customer and any product not received at the return shipping address provided by email will be considered not returned.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Warranties and responsibility for services and products
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. The customer will be responsible for return shipment of the product to us.
Ownership of intellectual property, copyright, logos, etc.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Ukulele Clare. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to share, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
You agree to indemnify and hold Clare Innes harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Clare Innes be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Clare Innes assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will note changes and date of changes as footnotes, informing all visitors that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail or email. If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The State of Vermont and the United States of America, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in or near Hinesburg, Vermont, USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support and contact info
Please email firstname.lastname@example.org
Effective date of Terms of Service
These terms take effect from January 1, 2019 until further notice.