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Aphasia
Software & Music Purchase Terms and Conditions
Entire Agreement Other than as specifically provided in any separate formal purchase agreement between you and Aphasia Software & Music, these terms and conditions (this “Agreement”) apply to all of your on-line purchases from the web site at www.guitarz.com (the “Site”) and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Aphasia Software & Music. Acceptance By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon Aphasia Software & Music until accepted by Aphasia Software & Music. Aphasia Software & Music will indicate its acceptance of an order by acknowledging your order by reply email (sending you an unlock "key", etc.) or by shipping to you the ordered items. Pricing Because prices, product descriptions and availability can change quickly, Aphasia Software & Music does not warrant the accuracy or completeness of the information provided on the Site. For more on our pricing policies, please refer to our Site Terms of Use. Payment Terms; Orders The only payment method available for internet orders at this time is credit card via PayPal. For buyers, signing up for a PayPal account is now optional. This means you can complete your payment first, and then decide whether to save your information in a PayPal account for future purchases. This checkout is more convenient. Here’s how this easier checkout works: 1. You enter your name and shipping address. 2. You're prompted for your credit card, email address, and phone number. 3. (Optional) After reviewing your information, you may choose to save your information by creating a PayPal account to make future transactions faster. Please note that PayPal’s fraud prevention measures remain in effect for buyers who use this checkout. PayPal applies the same techniques for this checkout as it does for other transactions. PayPal accepts Visa, MasterCard, Discover, and American Express to fund your payment (except the American Express Corporate Card). For mail orders you may pay by money order, cashier's check, or personal check. Additional processing time is required for all mail orders. We do not accept phone orders. Software by mail is sent on a single CD ROM. There is no retail packaging. Cash is not a payment option that we accept at this time. Shipping Charges; Taxes For mail orders, separate charges for shipping and handling will be shown on your order form. If applicable, a separate charge for taxes will be shown on the invoice. Title Title to this licensed intellectual property (software) will remain with Aphasia Software & Music. Warranty Disclaimer of Warranty on Software. You are aware and agree that use of the Software is at your sole risk. The Software, and related documentation are provided “AS IS”. APHASIA SOFTWARE & MUSIC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, S0 THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Return & Refund Policy Computer software is not returnable or refundable except for defective media as in the case of a CD ROM. Defective media will be replaced, NOT refunded. Downloaded software is NOT refundable. We believe this is a reasonable policy due to these facts: unlike software bought in a store, you have a full 30 days to try the complete, un-crippled software. If you do not like the software, do not purchase a license. You also, upon installing and within the 30 days, have ample time to review the complete software license (EULA, or End User License Agreement). If you do not agree with some policy, stipulation, or clause in this license, do not purchase a license. You can use the program for the 30 days or remove it from your computer if you decide not to purchase a license (key). Limitation of Liability APHASIA SOFTWARE & MUSIC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. APHASIA SOFTWARE & MUSIC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, APHASIA SOFTWARE & MUSIC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Applicable Law; Resale or Export You agree to comply with all applicable laws and regulations of the various states and of the United States . You agree and represent that you are buying for your own personal use only, and not for resale or export. Governing Law These terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of Iowa as those laws are applied to contracts entered into and to be performed entirely in Iowa, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Winneshiek County , Iowa , and you irrevocably submit to the exclusive jurisdiction and venue of such courts. Headings The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. |
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