TuneTracker Systems Sales
Terms and Conditions

The following Terms and Conditions cover TuneTracker Systems LLC radio automation products, SignalCaster remote broadcasting software and packages, and the HeartSong CCM music format.

All TuneTracker Systems LLC (hereinafter "TuneTracker Systems/we/us/our") station-in-a-box computer systems and their components come with a full one-year parts and labor warranty, and excellent customer service support. This warranty covers hardware only, and does not cover damage that occurs due to shipping and delivery, mishandling, or customer tinkering or retrofitting, and is voided if the purchasing customer (hereinafter "you/your/yours") opens the case or makes any physical hardware changes without first consulting TuneTracker Systems Technical Support. Should shipping damage occur, save all boxing and packaging and alert your UPS carrier and TuneTracker Systems immediately.

Purchase of a TuneTracker Systems software product license or Station-in-a-Box entitles the purchaser to a single license for the use of the software product on a single computer. You may not duplicate the software or install the software on any additional computers, or a "backup computer," without purchasing an additional license or licenses. Contact TuneTracker Systems if you need multiple licenses, which may qualify for a discount.

Payment-in-full must be made in advance on all orders except purchase orders. Pre-payment may be made using credit card, check, or in the case of overseas purchases, bank wire transfer. A $40 processing fee is added to all bank wire transfers to cover time and expenses. Payments by check are subject to a no-exceptions two-week waiting period prior to shipment of the order, so, especially if you're on a tight timeline, a credit card is best.

Purchase orders from schools are accepted. All purchase orders MUST be paid within 30 days of the receipt of equipment, without exception.

Customer-requested system quotes are sent via e-mail, and do not include shipping fees. Shipping is calculated and added to the quote at the time of ordering. Schools, please bear this in mind when preparing purchase orders, and request a "final invoice" with shipping included.

No TuneTracker Systems software is transferable to another owner. You may not resell our software, or a computer containing our software, without a reseller's agreement. If you intend to sell a computer containing any element of our software, the software must first be removed from the computer. The one allowable exception is to sell a used TuneTracker computer system to one of our existing customers, for use as a second system, by the following method: Reselling to an existing TuneTracker customer MUST be done by advertising the item in our QuickTips e-mail newsletter. The listing is free, however TuneTracker Systems collects a 15% commission on any systems sold by that method.

TuneTracker Systems warrants that our Station-in-a-Box systems will run the TuneTracker Systems software as advertised, but does not warrant the hardware or software as to its suitability for any particular purpose by the purchaser. Suitability must be determined by the purchaser prior to buying the system. We do not issue refunds based on the purchaser's inability to understand how to properly use the product, mistaken impressions about what the system is capable of, or a "change of mind."

All TuneTracker System "Station-in-a-Box" systems come with a one-year parts and labor warranty, which means we will provide the customer with replacement parts and service as needed, for one year from the date of purchase. Any replacement parts required during the warranty period are supplied free and shipped free. If a computer must be sent in for service, the buyer pays shipping to TuneTracker Systems, and TuneTracker Systems pays shipping back to the customer. For orders placed outside North America, the buyer pays shipping in both directions. TuneTracker Systems DOES NOT provide money-back refunds on our hardware, or software. Please do not order products from us unless you intend to keep them.

TuneTracker Systems does not warrant that our software will run properly on customer-provided computer hardware. If you purchase any TuneTracker Systems software-only product, without our hardware, and it fails to run on your own hardware, we do not offer refunds.

TuneTracker Systems offers earnest and helpful advice and we will always do our utmost to assist if a customer is having a technical problem. However TuneTracker Systems does not warrant or guarantee that support advice offered on any subject (related to Haiku, third party software, or TuneTracker System products themselves), whether offered free, or on a paid basis, will be successful in resolving technical issues. TuneTracker Systems will not be held responsible for any loss of business, data, income, reputation, or programming uptime due to the failure of any product, service, or support advice provided by TuneTracker Systems.

The Gold Plan is a one-year support commitment. The customer does not qualify for a partial refund if they cease to use the TuneTracker System, or if they decide, for any other reason, that the entire year's support plan may not be necessary.

TuneTracker Systems is happy to provide support advice and assistance in the use of Haiku as well as any complementary third party software included in our distribution. However we do not offer guarantees or warranties for any part of Haiku or any third party programs, as to their performance, stability, suitability, or any other aspect of their performance, behavior, safety, or use.

When purchasing a TuneTracker Systems product, you will normally receive a confirmation of your purchase by e-mail. This notification confirms receipt of your order only. Acceptance and processing of the order is at the discretion of TuneTracker Systems and we reserve the right at any point after receiving the order to cancel it for any reason. This includes but is not limited to concerns about security, or our learning that the intended use of our products is nefarious or iillegal, or involves the promotion of violence, perversion, witchcraft, or "new age" philosophy.

TuneTracker Systems reserves the right to refuse a support request or terminate support altogether if a customer, in our judgement, is behaving in an abusive manner, either in their treatment of our support personnel, or in requesting support outside the parameters of what is detailed on our web site's support page, or if the customer is using our products for objectionable or nefarious purposes such as those described above.

TuneTracker Systems' "HeartSong Radio" music library is offered on a 99 year lease, meaning that the price you remit for the library is for the purpose of leasing, not purchasing, the music. TuneTracker Systems does not offer music for sale.

All the provisions above also apply to our "Discover Haiku" and "The TuneTracker Experience" USB distributions. Use them at your own risk. Haiku® and the HAIKU logo® are registered trademarks of Haiku, Inc. and are developed by the Haiku Project.

The terms and conditions set forth in this document are subject to change without notice.

REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL TUNETRACKER SYSTEMS LLC, DANE SCOTT PRODUCTIONS, DANE SCOTT UDENBERG, OR LICENSORS BE LIABLE (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), EVEN IF ANY OF THE ABOVE MENTIONED BUSINESSES AND INDIVIDUALS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR DESTRUCTIVE PROPERTIES OF THE PRODUCTS OFFERED OR THE DOCUMENTATION AND ADVERTISING PROVIDED BY THE ABOVE MENTIONED BUSINESSES AND INDIVIDUALS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.