These Terms and Conditions (“Agreement”) apply to and govern all sales of products (“Products”) and subscription services (“Services”) by CueTime™, a company specializing in event & audio/videoto end users, resellers, dealers, or other parties (“Buyer”). Buyer and CueTime™ are herein collectively referred to as the “Parties.” Buyer accepts this Agreement by sending a purchase order, subscribing to a Service, or instructing CueTime™ to ship the Product. Any different or additional terms shall be deemed objected to and without effect unless agreed to in writing by CueTime™.
Any quotations issued by CueTime™ are valid for thirty (30) days. All prices are exclusive of Taxes, as defined below.
Buyer shall bear all applicable taxes, including but not limited to excise taxes, sales taxes, value-added taxes, customs duties, and export fees (“Taxes”) imposed by any statute, ordinance, or regulation. Unless otherwise specified, Buyer is responsible for obtaining any required export or import licenses and providing them to CueTime™ upon request.
CueTime™ may require partial or full payment before shipping Products or activating Services. Payments shall be made in the lawful currency of the United States within thirty (30) days of the invoice date (unless otherwise noted) and subject to a monthly 1.5% late payment fee (or the maximum amount permitted by applicable law, whichever is lower). CueTime™ reserves the right to invoice for partial shipments. In case of default, Buyer shall be responsible for all reasonable costs incurred by CueTime™ in collecting payments (including legal fees). CueTime™ may suspend or terminate Services or shipments if Buyer fails to comply with payment obligations.
CueTime™ will deliver Products within a reasonable timeframe after receiving Buyer’s purchase order, subject to availability. Shipping dates are estimates, and CueTime™ is not liable for delays. Unless otherwise agreed, shipping costs shall be prepaid by CueTime™ and billed to Buyer. Risk of loss or damage transfers to Buyer upon shipment.
Title to physical Products transfers to Buyer upon delivery to a common carrier. Until full payment is received, CueTime™ retains a security interest in the Products. CueTime™ may repossess or resell unpaid Products if necessary.
CueTime™ warrants that its Products will be free from material defects in materials and workmanship and will conform to published specifications for a period of one (1) year from the date of delivery. Subscription-based Services are warranted to perform substantially in accordance with their described functionality while the subscription is active.
Buyer’s sole and exclusive remedies for any breach of this warranty shall be, at CueTime™’s option:
This warranty does not cover damages resulting from misuse, modifications, improper maintenance, or unauthorized repairs.
CueTime™ is not responsible for any damage caused during shipping by third-party carriers. Any such damage must be addressed directly with the carrier responsible for the shipment.
To initiate a warranty claim, Buyer must contact CueTime™ Support at support@CueTime.io and provide relevant order details. Buyer is responsible for all shipping costs related to the return of the Product.
All CueTime™ Products are built to order and customized to Buyer specifications. As such, all sales are final, and returns will not be accepted for refund, exchange, or credit, except as required by law.
Exceptions to this policy include:
For issues covered under the Limited Warranty (see Section 6), CueTime™ may, at its sole discretion, provide repair, replacement, or refund in accordance with the warranty terms.
Buyer is responsible for all return shipping costs unless otherwise agreed upon in writing by CueTime™.
Subscription-based Services are non-refundable, except in the event that CueTime™ terminates the Service for reasons not arising from Buyer’s breach of this Agreement.
To the maximum extent permitted by law, CueTime™ shall not be liable for indirect, incidental, consequential, punitive, or special damages, including loss of revenue, loss of use, or business interruption. CueTime’s total liability shall not exceed the amount paid by Buyer for the specific Product or Service in question excluding shipping costs.
For app-based subscription Services, Buyer agrees to:
Subscription fees are non-refundable, except where required by law. CueTime™ reserves the right to suspend or terminate access if Buyer fails to comply with these terms.
Buyer acknowledges that all trademarks, trade names, copyrights, patents, and proprietary software remain the exclusive property of CueTime™. Subscription Services include a limited, non-exclusive, non-transferable license to use CueTime™’s software. Buyer shall not reverse engineer, decompile, or distribute the software without prior written consent.
Buyer agrees to comply with all applicable laws, including export control regulations, data privacy laws (such as GDPR and CCPA), and anti-corruption laws. Buyer shall not use CueTime’s Products or Services for any unlawful purpose.
CueTime™ collects and processes personal data per its Privacy Policy, ensuring compliance with international data protection standards. Buyer agrees to CueTime™’s data practices as outlined in the Privacy Policy.
This Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from this Agreement shall be resolved through arbitration or litigation in California, unless otherwise agreed.
This Agreement supersedes prior terms and may only be modified in writing by both Parties. Failure by CueTime™ to enforce any term shall not be deemed a waiver.
No Party shall be liable for any failure or delay in the performance of its obligations under this Agreement (other than a payment obligation) due to circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, labor shortages, riots, war, terrorism, government actions, pandemics, supply chain disruptions, cyberattacks, or any other unforeseen event that prevents performance. In such cases, the time for performance of obligations shall be extended for a period equal to the delay caused by such event.
Buyer may not assign rights under this Agreement without CueTime™’s prior written consent.
By purchasing or subscribing to CueTime™’s Products or Services, Buyer acknowledges acceptance of these Terms and Conditions.
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