Terms and Conditions
These Terms and Conditions, together with the Privacy Policy (the “Privacy Policy”), constitute a legally binding agreement between Alamo City Studios, LLC and you. In these Terms and Conditions, Alamo City Studios, LLC is sometimes referred to as “we” or “us” or “our”.
Age restrictions
You must be 18 years of age or older (or the age of majority, if higher) to purchase Membership or any other products from Alamo City Studios, LLC or to use the alamocitystudios.com website, as well as any Alamo City Studios, LLC social media pages, postings, blogs, or videos. Collectively, the Alamo City Studios, LLC website, social media pages, postings, blogs, videos, and software apps are referred to as the “Website”.
Legally binding agreement
By purchasing Membership or accessing the Website, you agree to be legally bound by these Terms and Conditions and the Privacy Policy.
Alamo City Studios, LLC reserves the right to update these Terms and Conditions and the Privacy Policy at any time without prior notice. By continuing to access the Website or purchase Membership, you will be legally bound by the then-current Terms and Conditions and Privacy Policy.
Payments and Refunds
You must pay your membership fees when due. Monthly and Quarterly membership fees are non-refundable. Annual membership fees will be refunded in proportion to the number of months left in the term, minus a $100 cancellation fee. If you do not pay your membership fee due to a failed credit or debit card transaction, the Manager may ask you to leave the studio until your payment has resumed. If the membership fee is past due by 30 days, the Manager may terminate your Member Agreement immediately without notice. You are responsible for updating your payment card information using the My Account page on the website.
Governing law
Alamo City Studios, LLC is a limited liability company formed under the laws of the State of Texas. The internal laws of the State of Texas shall govern the performance of these Terms and Conditions, without regard to that state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Texas for all disputes arising out of, or relating to, the Terms and Conditions, the Website and Membership.
No Collusion Clause
You hereby agree that you will not collude against Alamo City Studios, LLC. You, as a member or in future reference, potential former member, agree to abstain from using our community of members, partners, and collaborators as a source of potential clients for a competing cooperative, collective, company, organization, or community similar to Alamo City Studios, LLC.
Purchasing for third parties
If you use the Website to submit requests or purchase membership for or on behalf of a third party (“Third Party”), you are responsible for all Submissions and purchases that you transmit. Despite the fact that you are submitting requests on behalf of a Third Party, you are directly responsible under these Terms and Conditions for fulfilling all user obligations and paying all applicable fees, charges and indemnification amounts.
Indemnification
You hereby agree to indemnify and hold harmless Alamo City Studios, LLC and its owners, managers, directors, officer, employees, agents and affiliates, from and against any and all liability, cost and expense, including reasonable attorneys’ fees, arising from or related to any Submissions that you Transmit, or your violation of these Terms of Use, or your use or misuse of the Website or Membership.
Third party products, services and links
The Website may contain links to third party sites or resources, as well as third party products or services, that are not under the control of Alamo City Studios, LLC. Such links, products and services are provided to you as a convenience only, and Alamo City Studios, LLC is not responsible for any such site, product or service. The inclusion of such items does not imply that Alamo City Studios, LLC endorses or accepts any responsibility for the content or the use of them. If you use third party links, products or services, you will be subject to the third party’s Terms of Use, Privacy Policy, and other contractual provisions.
LIMITED WARRANTY
- All sales are final.
- We will reproduce your order if we verify that we made an error.
- This limited warranty is your sole warranty concerning the Membership.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OR AS PROVIDED BY LAW, THE WEBSITE AND MEMBERSHIP ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR WARRANTIES RELATED TO BEING ACCURATE, SAFE, AVAILABLE, UNINTERRUPTED, DEFECT-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE TOTAL LIABILITY OF Alamo City Studios, LLC, ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR MEMBERSHIP, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM FOR THE SPECIFIC PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM.
EXCLUSION OF DAMAGES
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL Alamo City Studios, LLC, ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Miscellaneous
This Agreement represents the entire agreement between Alamo City Studios, LLC and you. If we waive your breach of any provision of this Agreement, we have not waived our rights to pursue your subsequent breach of that provision or any other provision of this Agreement. The determination by a court of competent jurisdiction that any portion of this Agreement is invalid or unenforceable on any ground shall not affect the validity and enforceability of any other portion of this Agreement.