Terms and Conditions

Terms and Conditions

Introduction

This website is owned and operated by Santana Sounds, LLC and its affiliates (“Santana Sounds”). This Terms of Use, and all referenced terms, (collectively, the "Agreement") is a legal agreement made by and between Santana Sounds and you. This Agreement governs your use of the Santana Sounds website and any materials, data, and information that you access through the website (collectively, the "Website"). This Website is provided by Santana Sounds for your informational purposes, so you can shop for our products, and for your personal entertainment. Your access and use of this Website is subject to the following terms and conditions and all applicable laws. By using this Website or downloading materials from this Website, you agree to abide by the terms and conditions set forth in this Agreement. If you do not agree to abide by these terms and conditions, please do not use the Website or download materials from the Website.

Santana Sounds reserves the right to modify this Agreement at any time in its sole discretion and without notice. Any such modifications shall be effective immediately upon posting of the modified Agreement on the Website. Your continued access or use of this Website constitutes acceptance of the terms and conditions stated in the Agreement at the time of access or use.

Santana Sounds reserves the right to change or delete the contents of this Website at its sole discretion, including, but not limited to specifications, prices, or designs of its products at any time without notice. Santana Sounds may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in this Agreement, you may not enter into this agreement or use this Website. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Website, you may not enter into this Agreement or use this Website. By using this Website you are explicitly stating that you have verified in your own jurisdiction if your use of this Website is allowed.

Ownership

As between you and Santana Sounds, any and all copyright, patent, trademark, service mark and other intellectual property or proprietary rights ("Intellectual Property") associated with the Website are the sole property of Santana Sounds or its affiliates. Santana Sounds grants you a non-exclusive, non-transferable, non-assignable limited right to use the contents of this Website for your personal use.  This authorization is not a transfer of title to these materials and does not confer any rights in these materials to you. Any unauthorized use of this Website will terminate your limited right immediately and you will be responsible for any violation of law, including any trademark, trade name or copyright laws that may result.

This Website, including all material on this Website, is copyrighted by Santana Sounds unless otherwise noted and may not be used except as provided in this Agreement or in the text on this Website without the express written permission of Santana Sounds. Santana Sounds shall retain the exclusive right, title and interest in and to any material you see, read, experience or download from this Website, including all Intellectual Property rights contained therein. Santana Sounds does not represent or warrant to you that your use of materials displayed on this Website will not infringe the rights of other third parties who are not owned by or otherwise affiliated with Santana Sounds. You agree to comply with all trademark and copyright laws worldwide in your use of this Website and to prevent any unauthorized copying or use of the materials on this Website.

You may not distribute, modify, broadcast, transmit, reuse, report, or otherwise use the contents of this Website for public or commercial purposes, or copy or post the material displayed on this Website on any network computer or server, including the text, images, audio, and video without Santana Sounds' written permission.

Privacy

Santana Sounds may collect information about the users of its Website. Collection of this information is governed by the Santana Sounds Privacy Policy, which may be accessed here.

Disclaimer

While Santana Sounds strives to insure accuracy, Santana Sounds makes no warranty that this Website will meet your requirements or that it will be uninterrupted, timely, secure, or error free; nor does Santana Sounds make any warranty as to the materials that may be obtained from the use of this Website. You understand and agree that any content downloaded or otherwise obtained through the use of this Website is done at your own risk and that you will be solely responsible for any damage done to your computer system or loss of data that results from the download of such content.  

Santana Sounds does not guarantee that the information contained in this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Santana Sounds therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information on this Website at any time without prior notice and further reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged.

Santana Sounds DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, INABILITY TO USE, OR THE RESULT OF USE, OF THE WEBSITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS ON THIS WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. Santana Sounds DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT YOUR SOLE RISK. Santana Sounds RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. YOU, AND NOT Santana Sounds, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE.

THIS WEBSITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. Santana Sounds DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

User Conduct

You agree not to make any unauthorized use of this Website or any content or features available on this Website. You are responsible for all use of your account (including username and password, if any). As a condition to your continued access to and use of this Website, you agree: (a) you will protect your username and password; (b) you will assume full responsibility and liability for all Website activity under your account; (c) the Santana Sounds products for sale on this Website are for purchase by adults ages 18 and over; (d) by using this Website you hereby represent and warrant that you are 18 years old or over; and (e) Santana Sounds reserves the right and you hereby acknowledge its right to cancel your account or block or otherwise prevent your future access to or use of this Website.

You warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not (and may not authorize any party to) (i) co-brand, frame or redistribute the Website or related content; (ii) translate, adapt, reverse engineer, decompile, disassemble, or otherwise modify the Website other than as expressly permitted by law; (iii) incorporate the Website or related materials in any other product, or create derivative works based thereon; or (iv) duplicate the Website or related material without the express prior written permission of an authorized representative of Santana Sounds. As used herein, "co-brand" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or related material. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.

You should not send confidential or protected information or creative materials to us via this Website that you do not want to become the exclusive property of Santana Sounds.  Any communication or material you transmit or post to this Website, including any data, questions, comments, notes, suggestions, or the like is, and will be treated as, non-confidential, non-proprietary and unprotected information. Anything you transmit or post to this Website shall be deemed to have been assigned to Santana Sounds, shall remain the exclusive property of Santana Sounds and may be used anywhere and in any medium, without compensation to you, by Santana Sounds or its affiliates, for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, licensing and posting. Furthermore, Santana Sounds is free to use, without compensation to you, any ideas, concepts, know-how, techniques or other intellectual property contained in any communication you send to this Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

Products

Prices posted on this Website are quoted in U.S. dollars only. In addition, there may be errors or inaccuracies on this Website relating to products, product descriptions, pricing, terms and conditions of sale, shipping and delivery time or product availability. Santana Sounds reserves the right to change, correct or update such product information at any time, even after you have placed your order. Santana Sounds also reserves the right to limit quantity available for purchase of any product at any time without notice. In the event of a product pricing error, Santana Sounds will notify you and will wait for your final approval of the corrected pricing before completing your order.

Purchasing

If you wish to purchase goods from the Website please follow the instructions provided in the store section of this Website. Your electronic or telephone order is an offer to buy from Santana Sounds. Santana Sounds reserves the right not to accept an order at its sole discretion.

Once you have submitted an order, you will receive an automatic e-mail confirming the details of your order (name, address, product ordered, price, etc.). Such e-mail is a confirmation that the order has been received by Santana Sounds and does not constitute acceptance of your order. Santana Sounds reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of whether your order has been confirmed or you have been charged. If your order is declined or cancelled after your payment method has been charged for the purchase, we will promptly issue a credit to your payment method.

Payment for the goods you order must be made by American Express, MasterCard, Visa credit card, PayPal, ApplePay, Stripe, or Amazon Pay. If your payment is rejected by the card issuer your order will not be dispatched. Payment is made at your own risk.

The prices and availability of the goods displayed on this Website are subject to change without notice. The ownership of the ordered goods will only pass following payment in full.  Orders will only be accepted from and dispatched to addresses within the United States. Any other countries outside of the United States is prohibited. Santana Sounds reserves the right to deny sales under any promotion it shall offer from time to time in its sole discretion.

Prohibited Sales

Reseller shall not sell Products on amazon.com and Walmart.Reseller agrees it shall enforce prohibited sales as defined in section 4 of this Agreement to other Reseller Buyers (i.e., Reseller Buyers cannot sell Santana Sounds' products on amazon.com and Walmart.com).

Third Party Websites

For your convenience, Santana Sounds may provide, on this Website, links to web sites operated by other entities. If you use these sites, you will leave this Website in some cases. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Santana Sounds makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links are for informational purposes only and do not imply that Santana Sounds or this Website sponsors, endorses, is affiliated or associated with any linked site, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Santana Sounds or any of its affiliates or subsidiaries.

Limitation of Damages

IN NO EVENT SHALL Santana Sounds OR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF Santana Sounds IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Indemnification

You agree, at your expense, to indemnify, defend, and hold harmless Santana Sounds, its officers, directors, employees, agents, affiliates, distributors, dealers, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of (i) your breach of this Agreement, (ii) in connection with your use of this Website, or (iii) your violation of any law or right of any third party.

Governing Law

This Agreement and the relationship between you and Santana Sounds shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of law principles. In addition, you agree to submit to the personal jurisdiction of the federal and state courts of New Jersey for the resolution of any controversy or claim arising out of or relating to this Agreement, this Website and materials contained in it.

Waiver/Severability

The waiver by Santana Sounds of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Entire Agreement

This Agreement constitutes the entire agreement between you and Santana Sounds concerning the use or access of this Website.

Reservation of Rights

Any rights not expressly granted herein are reserved.

Questions?

Please contact Santana Sounds at ­­­­­­­­­­­­­­social@santanasounds.com with any questions about this Agreement.