Terms and Conditions
Services
Carbone shall perform the Singing Telegram on the date and in accordance with the time frames, gift selection, and wardrobe selection, that was selected in the “Build-A-Gram” form to the best of their reasonable abilities.
Method of Performing Singing Telegram
Carbone will determine in its sole discretion the method, details, and means of performing the Singing Telegram. Customer will have no right to, and shall not, control the manner or determine the method of performing Carbone’s services. Carbone shall provide the services to the reasonable satisfaction of the customer.
Misinformation
In the event that Carbone is given information that is inaccurate, incomplete, or unserviceable including, but not limited to:
1. Location of delivery
2. Onsite contact/"Inside Accomplice"; availability and/or responsiveness
3. Date of delivery
4. Lack of cooperation by location
5. Unavailability of recipient during the entire duration of Time Preference 1 & 2
... the Final Total paid will be non-refundable.
Rescheduling
Unless Customer has provided Carbone with at least two (2) days written notice of a need to reschedule the Delivery the Final Total paid will be non-refundable.
Cancellation
Unless Customer has provided Carbone with at least twenty-four (24) hours written notice of a need to reschedule the Delivery the Final Total paid will be non-refundable.
Limitation of Liability
Carbone shall not be liable for any direct, special, punitive, exemplary, incidental, or consequential damage or loss howsoever arising. In no event shall Carbone’s maximum liability hereunder exceed the amount actually paid to Carbone under this agreement. This waiver includes but is not limited to loss of use, loss of profits, loss of income, loss of reputation, unrealized savings or dimunition of property value. The limitation set forth herein is for any and all matters which Carbone may otherwise have liability arising out of or in connection with this agreement, whether the claim arises in contract, tort, statute or otherwise, including but not limited to negligence, strict liability, breach of contract and breach of warranty on the part of Carbone or any subcontractor, employee or other agent.
Indemnification
Customer shall defend, indemnify, and hold Carbone and its officers, employees, agents, representatives, affiliates, successors, assigns and licensees harmless from any and all claims, actions, and proceedings, and the resulting losses, damages, costs and expenses (including reasonable attorneys' fees) arising from any claim, action or proceeding based upon or in any way related to the negligence, intentionally tortious conduct, or breach of this Agreement by Customer or any of Customer’s employees, independent contractors, agents, or guests, as the case may be, including but not limited to conduct that causes physical damage to equipment/belongings of Customer’s subcontractors.
Force Majeure
Carbone shall not be liable for delay or failure of performance of the Singing Telegram if such a delay or failure is caused by conditions beyond its reasonable control. Carbone shall notify Customer of the occurrence of any such event as soon as reasonably practicable.
Entire Understanding
This Agreement, including the information submitted through the Build-a-Gram tool, constitutes the entire understanding and agreement of the Parties, and any and all prior agreements, understandings, and representations are hereby superseded, terminated and canceled in their entirety and are of no further force and effect.
Unenforceability of Provisions
If any provision of this Agreement, or any portion thereof, is held to be illegal, invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect. Furthermore, if the scope of any provision of this Agreement is determined to be too broad in any respect whatsoever to permit enforcement to its maximum extent, then such provision shall be enforced to the maximum extent permitted by law.