Terms of Service
Website Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Use of the Website
By accessing the website, you warrant and represent to You Gotta Watch that you are legally entitled to do so and to make use of information made available via the website.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Michael Carafa and Tyler Mertens. The collective work includes works that are licensed to Michael Carafa and Tyler Mertens. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with You Gotta Watch. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by You Gotta Watch. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Cadence Creative, LLC. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Cadence Creative, LLC.
External links may be provided for your convenience, but they are beyond the control of Cadence Creative, LLC and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Cadence Creative, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Cadence Creative, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Cadence Creative, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Disclaimer of Liability
Cadence Creative, LLC shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither Cadence Creative, LLC nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct, special, or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
In the event that a Cadence Creative, LLC product is mistakenly listed at an incorrect price, Cadence Creative, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Cadence Creative, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cadence Creative, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Cadence Creative, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Cadence Creative, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Cadence Creative, LLC.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Cadence Creative, LLC or licensed employees, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Cadence Creative, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials.
You agree to indemnify, defend, and hold harmless Cadence Creative, LLC its members, officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Conflict of Terms
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section, page, or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws (choice of venue and forum)
Use of this website shall in all respects be governed by the laws of the state of Florida, United States, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Florida courts located in Orange County, Florida, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Orders and Return Policy
Orders should be placed online using the shopping cart. If you encounter any difficulties, please contact us and we'll be happy to assist you.
All orders must be prepaid by credit card or PayPal (Orders paid via PayPal e-checks will be held until PayPal advises your funds have been received. We reserve the right to cancel orders shipped to unverified PayPal accounts or those shipped to a third party. On Credit Card transactions, if the Bill To and Ship To are not the same, at our discretion, we will request a Credit Card Authorization Form be submitted to us, along with a copy of the Bill To party's Credit Card and Driver’s License for orders to be shipped to a third party.
We offer flat shipping fee to domestic (USA) Customers and online real-time tool for international shipping. If for some reason the shipping rate is more than what you paid online, you agree for us to bill your credit card for the full or remaining shipping charge. We will notify you in advance and if you do not agree, we reserve the right to cancel your order.
Cadence Creative, LLC ships orders as inventory is available. We strive to process your order and ship within 14 business days.
If you wish to cancel your order, please contact us ASAP and we will do our best to satisfy your request. Because we process orders quickly, we cannot guaranty the order will be canceled.
Defective or damaged merchandise will be replaced by Cadence Creative, LLC. In the event we make an error, we will gladly authorize the return of incorrect or defective merchandise and pay for the return shipping costs on domestic orders. Should we omit an item on domestic orders, we will ship it to you on notification of the shortage provided you contact us within 3 days of delivery. You agree to carefully inspect all products upon arrival and report any problems or need for replacement within 3 days of receiving the goods. We will refund your payment in full if we are notified within 5 days from your purchase date and for legitimate reasons only. If an item is returned, and no error has been committed by Cadence Creative, LLC, the customer must pay for the shipping of the returned item. Any product you return must be in the same condition you received it and in the original packaging. Please keep the receipt.
Please inspect all packages at time of delivery and, if damaged, note on the driver's delivery receipt when you sign for it, contact the delivery company to report it directly to them, and then contact us so we may process your claim. If you notice any damaged items upon unpacking your order, leave the box and contents as is, save all of the packing material and contact the delivery company to arrange an inspection of your package, and contact us so we may process your claim.
From time to time, we run special promotions on select products for limited periods of time. This could be based on various reasons including bulk discounts that we negotiated with our vendors or clearance discounts on discontinued items. We cannot guaranty that the discounted price will continue beyond the promotional period.
Cadence Creative, LLC (and affiliated companies) reserves the right to update product prices at any time, for any reason. While we strive to maintain accurate and timely price information, we are not ultimately responsible for errors, omissions, or otherwise inaccurate prices on the website. The final amount of money due per order is always determined at checkout time, not during shopping cart selection.
This privacy notice discloses the privacy practices for createcadence.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared;
What choices are available to you regarding the use of your data;
The security procedures in place to protect the misuse of your information; and
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.