Terms of Sale

 

PAIRCRAFT™ TERMS OF SALE

Below are the terms of sale and purchase for subscriptions to Paircraft™ Subscriber Content offered by Gueno Gardner LLC (collectively, “Paircraft” or “we” or “us“) under the Paircraft™ name (“Terms of Sale”).

1. GENERAL

A. Definitions. In these Terms of Sale, capitalized terms mean the same thing that they mean in our Terms of Use, and unless the context otherwise requires, all further references to “you” and “your” refers to you as an individual user. The term “Subscription” means a subscription to Paircraft Subscriber Content.

B. About Paircraft Subscriber Content. You are not required to purchase anything for certain limited use of the Paircraft Site, but if you do not buy a Subscription, your access to the Paircraft Site and Services will be limited.  We reserve the right to modify the contents, type and availability of the Paircraft Subscriber Content at any time.

C. Registration and User Account. See our Terms of Service [for the terms concerning your creation and use of User Accounts. For details about your purchases, including payment methods and billing cycles, visit your User Account.

D. Electronic Notifications. You consent to receive notifications from us electronically to the email address you provide to us when you create a User Account. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

E. Subject to Terms of Service. These Terms of Sale are subject to our Terms of Service, including, without limitation, all terms related to governing law, jurisdiction for disputes, severability of individual provisions, and waiver. 

2. SUBSCRIPTION PROCESSING, PAYMENT, BILLING, AND PROMOTIONS

A. Processing and Payment

  1. If you buy a Subscription, we will process your purchase as promptly as possible. There may be a delay in the activation of your Subscription and your access to Paircraft Subscriber Content while payment details are verified. We accept major credit cards, PayPal and certain digital wallet services. We reserve the right to reject any order or purchase at any time. If your initial payment authorization is later revoked, your Subscription will be terminated. Contact info@paircraft.com if you believe your access was terminated in error.
  2. Unless specified otherwise in our Cancellation and Refund Policy, all charges are nonrefundable.
  3. To view or change your payment method, visit your User Account on the Paircraft Site.
  4. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. The disbursement of the updated credit card information is provided to us at the election of your credit card issuer. We are not responsible for the distribution of your updated credit card information. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regard to your right to opt out of the update service.

B. Pricing

    1. When you purchase a Subscription, whether for yourself or for someone as a gift, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.
    2. Whether you are eligible for a discount is determined at the time of your purchase. Discounts cannot be applied retroactively.
    3. All prices are in United States Dollars, unless otherwise stated.
    4. We reserve the right to change the price for a Subscription at any time. We will notify you in advance if the regular rate of a Subscription changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your Subscription from that point forward.
    5. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.
    6. If a stated Subscription price or other material information is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the Subscription at that price and reserve the right to cancel, to terminate or not to process your order (including an order that has already been accepted). We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.

C. Billing

1. Billing of Subscriptions

  1. We will charge or debit your payment method at the beginning of your Subscription or, if applicable, at the end of your free trial period. Billing will continue according to the cycle stated at the time of your order.
  2. To view information about your billing cycle, visit the account area of the Paircraft Site.
  3. Any Subscription you buy for yourself will be renewed automatically. (The renewal of a gift Subscription will be up to the recipient.) When we renew your Subscription, we will use the payment method currently associated with your User Account. You can view your payment method at any time in your User Account.
  4. In most cases, you will not be notified in advance of impending renewals and you expressly agree to waive the application of New York General Obligations Law section 5-903 and any similar laws. Please see our Cancellation and Refund Policy below for information about canceling a Subscription.

2. Billing of One-Time Purchases. When you make a one-time purchase (for example, a gift Subscription), we will charge or debit your payment method at the time of purchase.

  1. The currency in which you will be billed will be stated during the purchase process and is determined based on your billing address.

D. Unpaid Charges. If your credit card expires or your payment method is otherwise invalid, your Subscription will not automatically be terminated. You will remain responsible for all charges. You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.

E. Promotions

  1. We may occasionally offer promotions. The specific terms of each promotion will be stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.
  2. You must provide your payment details when you sign up for a promotion. At the end of the promotion, your Subscription will automatically renew at the rates displayed at the time of purchase.
  3. We will not notify you in advance that the promotion is about to end and we will not notify you when your promotional rate has ended. To cancel and avoid being charged, you must notify us before the promotion ends.


3. CANCELLATION AND REFUND POLICY

A. Cancellation and Refunds of Subscriptions

  1. Except in connection with certain promotions, you can cancel your (own) Subscription at any time through your User Account.
  2. When you cancel a Subscription, you cancel only future charges associated with that Subscription. You may notify us of your intent to cancel at any time, but the cancellation will take effect only in the next billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your Subscription for the remainder of the current billing period.
  3. Paircraft Subscriber Content sold as part of a promotion may have different a cancellation or refund policy that will be made clear at the time of purchase.

B. Changes to Paircraft Content. We reserve the right to make changes to our Paircraft Subscriber Content at any time. If we temporarily reduce or eliminate the charge for Paircraft Subscriber Content that you are currently paying for under different terms, you will not receive a refund. 

C. Cancellations by Us. We reserve the right to suspend or terminate your Subscription for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any or all of our Paircraft Subscriber Content is temporarily unavailable, you will not receive a refund.

D. Refunds and Credits. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

E. Cancellation During Promotional Periods. Certain promotions may not permit cancellation during the promotional period. You agree to the cancellation and refund terms stated at the time of purchase.

F. Changing Your Subscription. When you change your Subscription, you will receive a pro-rated credit toward your new Subscription.

G. Cancellation and Refunds of One-Time Purchases. One-time purchases cannot be canceled or the Subscription price refunded.