Terms and Conditions of Use
Agreement between User and clarimate.us
Welcome to clarimate.us. The clarimate.us website (the « Site ») is comprised of various web pages operated by Buffet Crampon (« clarimate.us »). clarimate.us is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the « Terms »). Your use of clarimate.us constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Clarimate is a copyrighted work belonging to Buffet Crampon SAS ("Buffet Crampon").
clarimate.us is an E-Commerce Site.
The ClariMate is a digital mute system for any Bb and A clarinet. It can be used to practice silently with headphones and to connect to the digital realm for play along capabilities and controlling other sounds through MIDI. The ClariMate is meant for clarinetists who want to practice their instrument silently anytime, anywhere.
Children Under Thirteen
clarimate.us does not address anyone under the age of 13. We do not knowingly collect personally
identifiable information from anyone under the age of 13. If You are a parent or guardian and You
are aware that Your child has provided Us with Personal Data, please contact Us.
If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We will take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Buffet Crampon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Buffet Crampon will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that clarimate.us is not responsible for third party access to your account that results from theft or misappropriation of your account. clarimate.us and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Your use of any areas of the Site secured by a user name/login screen (« Secured Areas »), including but not limited to rentals and/or purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.
Visiting clarimate.us or sending emails to clarimate.us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Site Use Rules
Our Site may only be used for lawful purposes. Buffet Crampon specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:
• Posting any incomplete, false, or inaccurate information or information which is not your own accurate information
• Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children
• Deleting or revising any material posted by any other person or entity
• If you have a password allowing access to a non-public area of our Site, disclosing to, or sharing your password with any third parties or using your password for any unauthorized purpose
• Harming minors in any way
• Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity
• Aggregating, copying, or duplicating in any manner any of the materials or information available from our Site
Registration and Passwords
If you purchase on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information, so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.
Upon completing the registration process, you will receive a password and username. You are responsible for maintaining the confidentiality of your password and
Accuracy of Content and Pricing Information
Because prices, product description and availability can change quickly, Buffet Crampon does not warrant the accuracy or completeness of the information provided on the Site. Also, Buffet Crampon may make changes to the information contained herein, including to the products, prices and rental terms described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete, at the time you visit this Site and may contain errors or inaccuracies. In no event shall Buffet Crampon or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase or rent does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Buffet Crampon and receive a refund of your purchase price and any rental fees paid.
Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in print collateral may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Buffet Crampon will take one of the following options: (1) If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited time offers and are not valid with other offers.
For shipping, cancellation, and other ordering questions, please refer to our Online Customer Service page.
Our product is backed by our 30-Day Satisfaction Guarantee. If you are not completely satisfied, you may return item within 30 days of the shipment dated for a refund, exchange or store credit. When returning merchandise ordered from clarimate.us return shipping costs are not eligible for refund.
Warranty and compensation
Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer, or a third party not commissioned by Buffet Crampon are not covered by the warranty.
Signs of wear and tear from normal use are also excluded from the warranty.
If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.
Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report has been fulfilled. This does not apply if the customer is a consumer.
The warranty period for new items shall be 12 months. The period shall commence upon transfer of risk.
Buffet Crampon shall not be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from willful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Buffet Crampon or a vicarious agent (e.g. the delivery service) of Buffet Crampon Any further liability for damages shall be excluded. In the event of a negligent breach of a material contractual obligation, the liability of Buffet Crampon shall be limited to foreseeable damage.
Links to Third Party Sites/Third Party Services
clarimate.us may contain links to other websites (« Linked Sites »). The Linked Sites are not under the control of clarimate.us and clarimate.us is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. clarimate.us is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by clarimate.us of the site or any association with its operators.
Certain services made available via clarimate.us are delivered by third party sites and organizations. By using any product, service or functionality originating from the clarimate.us domain, you hereby acknowledge and consent that clarimate.us may share such information and data with any third party with whom clarimate.us has a contractual relationship to provide the requested product, service or functionality on behalf of clarimate.us users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of clarimate.us or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. clarimate.us content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of clarimate.us and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of clarimate.us or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your clarimate.us account to third party accounts. By connecting your clarimate.us account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated, and administered by clarimate.us from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the clarimate.us Content accessed through clarimate.us in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless clarimate.us, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. clarimate.us reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with clarimate.us in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and clarimate.us agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BUFFET CRAMPON AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BUFFET CRAMPON AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED « AS IS » WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUFFET CRAMPON AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
clarimate.us reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and clarimate.us as a result of this agreement or use of the Site. clarimate.us’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of clarimate.us’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by clarimate.us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and clarimate.us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and clarimate.us with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The Site and the Materials are copyrighted works of Buffet Crampon and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified, or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Buffet Crampon.
Changes to Terms
clarimate.us reserves the right, in its sole discretion, to change the Terms under which clarimate.us is offered. The most current version of the Terms will supersede all previous versions. clarimate.us encourages you to periodically review the Terms to stay informed of our updates.
clarimate.us welcomes your questions or comments regarding the Terms:
7255 Salisbury Road, Suite #4
Jacksonville, Florida 32256
904 821 0234
Effective as of November 28, 2022