Welcome to SantanaLeatherCare.com. The following terms of use, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of Santana Leather Care.com including any content, functionality and services offered on or through this website (the “Site”).
Please read the Terms of Use carefully before you start to use the Site. BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use this Site. We reserve the right to revise these Terms of Use from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.
ELIGIBILITY
Santana Leather Care offers its services only to adults who can purchase them with a credit card or other permitted method of payment. If you are under 18, you may use Santana Leather Care’s services only under the supervision of a parent or guardian.
REFUSAL OF SERVICE
Santana Leather Care, in its sole discretion, reserves the right to refuse service to any persons, terminate any accounts, reject performance of services on any material, or cancel any orders.
RISK OF LOSS
Santana Leather Care provides the service of repairs of shoes, handbags, wallets, belts, garments (the “Items”). Santana Leather Care does not provide any services related to shipment of those items to or from its offices. For this reason, any services purchased from Santana Leather Care are made pursuant to a shipment contract. This means that the risk of loss for your items passes to Santana Leather Care only when it arrives at our offices, and the risk of loss passes back to you when we deliver your item to the shipping carrier (FedEx, UPS, USPS, etc.). BY SHIPPING ANY ITEM TO SANTANA LEATHER CARE, YOU ACKNOWLEDGE THAT SANTANA LEATHER CARE IS NOT RESPONSIBLE FOR LATE, LOST, DAMAGED OR MISDIRECTED MAIL.
LIMITATION OF LIABILITY
By submitting items to Santana Leather Care, you understand and agree that Santana Leather Care’s liability is limited in each of the following ways:
- The Site and all information, content, materials, and services included on or made available through the Site are provided by Santana Leather Care on an “as is” and “as available” basis, unless otherwise specified in writing.
- Santana Leather Care makes no representations or warranties of any kind, express or implied, about the operation of the Site or the information, content, materials, or services included on it or made available to you through it, unless otherwise specified in writing.
- Santana Leather Care disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
- Though we strive for perfection, Santana Leather Care does not represent or warrant that the services provided will be error-free or that all defects will be corrected, but we do our best.
- Santana Leather Care makes no representations or warranties of any kind regarding its order tracking system. Santana Leather Care provides order tracking information to its customers for convenience but does not guarantee the accuracy of any order tracking information. You acknowledge that you are not relying on the accuracy of any order tracking information.
- Santana Leather Care does not warrant that any of its services will fit the particular purpose of any user. Santana Leather Care will not be liable for any incidental, consequential, special or punitive damages, loss of future revenues or income, lost profits, loss of business reputation or opportunity relating to any breach or alleged breach of these Terms of Use. This limitation of liability will be effective regardless of whether such liability is based on breach of contract, tort, strict liability, or any other legal theory.
By submitting items to Santana Leather Care for repair, restore, refresh or any other service, you agree that if any such item is lost by us, it will be replaced only with average market value of a used equivalent item. The handling of your items by us is otherwise without warranty or liability.
FORCE MAJEURE
If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which Santana Leather Care relies; or any other unforeseen and external occurrence for which Santana Leather Care is not responsible and could not predict which is required for the performance of its obligations, then Santana Leather Care will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.
SANTANA LEATHER CARE’S COPYRIGHTED MATERIALS
All content included on this web site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is either in the public domain or is the property of Santana Leather Care and is protected by U.S. and international copyright laws. Items that are taken from the public domain are designated as such. All other items are the property of Santana Leather Care and may not be used without written permission.
The compilation of all content on the Site is the exclusive property of Santana Leather Care and is protected by both U.S. and international copyright laws. All software used on the Site is the property of Santana Leather Care or its software suppliers and is protected by both U.S. and international copyright laws.
YOUR WARRANTIES
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
DIGITAL MILLENNIUM COPYRIGHT ACT
Santana Leather Care takes its obligations under the DMCA seriously and will respond promptly to any claims of copyright infringement submitted to it.
If you are a copyright owner (or are acting on behalf of one), please report any alleged copyright infringements taking place through Santana Leather Care’s service to Santana Leather Care, Attn: Robert Santana, 2900 Rowland Rd, Raleigh, NC, 27615 . When providing notice to Santana Leather Care, please (1) identify the copyrighted work you claim is being infringed; (2) identify who the copyright owner is; (3) identify why you believe the disputed use does not qualify under the “fair use” doctrine; (4) state under penalty of perjury that the information you are providing is accurate and you are either the owner or authorized to act on behalf of the owner.
NON-ASSIGNABLE.
Your rights and obligations under these Terms of Use are not assignable to any third party—neither voluntarily or by operation of law—without the prior written consent of Santana Leather Care. Any assignment or purported delegation by you without Santana Leather Care’s written consent will be null and void and of no force or legal effect.
CHOICE OF LAW/FORUM SELECTION
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Wake County, North Carolina.
AGREEMENT TO ARBITRATE DISPUTES.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Santana Leather Care agree to resolve any claims relating to these Terms of Use through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Santana Leather Care’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Santana Leather Care may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through American Arbitration Association (AAA). Any dispute, controversy, or claim arising out of or relating to these Terms of Use shall be referred to and finally determined by arbitration in accordance with the AAA’s rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Santana Leather Care, Attn: Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Any such arbitration shall be brought and held in Raleigh, North Carolina.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Santana Leather Care, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Santana Leather Care. Unless an applicable statute expressly permits awarding attorney’s fees to the prevailing party, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Santana Leather Care in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SANTANA LEATHER CARE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
MERGER
These Terms of Use, along with the price quote provided to you by Santana Leather Care for the services at issue, represent the full agreement between you and Santana Leather Care. No other representations, whether oral or written, form any part of your agreement with Santana Leather Care. Additionally, these Terms of Use cannot be orally modified, by either party except in writing, and no provisions of it can be waived by either party except in writing.
SEVERABILITY
If any court or other body of competent jurisdiction declares any part of this contract to be unenforceable, then that part will be deemed severed, but the remainder of the Agreement shall remain in full force and effect.
