LEGAL AGREEMENT - AmyRLaurence.com Last Revised June 9, 2018 20:00 PM
Acceptance of This Agreement
Welcome to Amy R. Laurence Music (“ARL LLC,” “Site,” “The Site,” “This Site,” “We,” “Us,” “Our”). We sell downloadable products (“Products”) by Amy R. Laurence.
We reserve the right to change This Agreement, at our sole discretion, with or without notice to you. You acknowledge and agree that it is your responsibility to review This Agreement periodically to familiarize yourself with any modifications. Your continued use of The Services after such modifications will constitute your acknowledgment and agreement of the modified terms and conditions. The most current version of This Agreement, reflected at the top of This File, will supersede all previous versions.
User Code of Conduct
By accessing The Services, either directly or indirectly, you agree:
● to use The Services only for purposes as permitted by the terms of This Agreement;
● that any information you provide will always be accurate, correct, and up to date;
● that you are responsible for:
○ maintaining the confidentiality of your account(s) information;
○ all activities that occur with your account(s).
By accessing The Services, either directly or indirectly, you also agree to NOT:
● attempt (or encourage anyone else’s attempt) to use This Site in any manner which could interfere, interrupt, damage, disable, disrupt, overburden, impair, limit, circumvent, remove, alter, deactivate, degrade, thwart, reverse-engineer, decrypt, or otherwise interfere with protections, functions and enjoyment of The Services by Site users on their devices;
● deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references;
● impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
● deliver anything that infringes or violates Intellectual Property or other rights, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, privacy, and publicity.
● manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
● utilize framing techniques or mirrors to enclose any Intellectual Property from This Site, including images, texts, page layouts, and forms. You may not link, whether by hyperlink or otherwise, to any page beyond the home page of This Site, or frame of This Site, or any web page or material herein, or link to This Site so as to cause you or anyone else to access This Site other than through This Site. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking,” or in any manner causing any page of The Site to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to The Site be discontinued and removed and may revoke your right to link to The Site.
● obtain or attempt to gain automatic or unauthorized access, lists of information, search terms, meta tags, or any other “hidden text” on or through The Site. You are solely responsible for any consequences, losses, or damages that We may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, and may incur criminal or civil liability.
● deliver anything that is harassing, victimizing, degrading, intimidating, libelous, vulgar, obscene, hateful, defamatory, obscene, fraudulent, deceptive, misleading, threatening, invasive of privacy or publicity rights, abusive, illegal, unlawful or racially, ethnically or otherwise objectionable, or a personal attack or retaliation, or otherwise 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;
● deliver commercial content, unsolicited ads, promo, offline readers, chain letters, surveys, contests, pyramid schemes, junk or bulk email, robots, viruses, spyware, unsolicited advertisement, promotional materials, junk email, bulk email “spam,” chain letters, surveys or contests, pyramid schemes, or any other such thing.
● use The Services in violation of any law, including delivering any posting that you do not have a right to make available under law or contractual or fiduciary relationship.
We may provide various open communication tools on The Site, such as blog comments, posts, chat, forums, message boards, newsgroups, product ratings and reviews, and various social media services. We cannot review all communications and materials posted to or created by users accessing The Site, and We are not in any manner responsible for such content. You acknowledge that if We provide you with the ability to view and distribute such content on The Site, We are merely acting as a passive conduit and are not undertaking any obligation or liability relating to any contents or activities for which it is used. We reserve the right to block or remove any such content, and you hereby consent to waive any claim against Us. We are not responsible for any delay or failure in removing such content.
Products from The Services found downloaded or downloadable via any other website or entity is illegal, and such purveyors are liable for prosecution to the fullest extent of the laws governing such conduct. If it is discovered that you have used The Services in disregard or contrary to This Agreement, you are liable for prosecution by legal proceedings brought against you seeking monetary damages and an injunction to stop you using those materials. You would also be ordered to pay legal costs.
Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce. It encrypts all of your personal information, so that it cannot normally be read over the Internet. It is designed to ensure sufficient security protocols to protect against unauthorized access and disclosure.
Despite all best efforts, no electronic transmission or storage can be guaranteed to be 100% secure. We cannot ensure, warrant, or promise the absolute security of any information you transmit to us, and you use The Site and provide Us with your information at your own risk.
For security reasons, we reserve the right to limit and/or deny access to the availability of The Site or any portion of Services, to any person or entity, geographic area, or jurisdiction, at any time and in Our sole discretion.
Children and Limitations on Accounts
You must use an active registered account to purchase Products on The Site. You must be 18 years of age or older to be issued an active registered account on The Site. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to be issued an active registered account.
We do not knowingly disclose personally identifiable information from anyone under 18 years of age. If we become aware that we have collected such personally identifiable information, we will make reasonable efforts to delete such information from our databases.
Registration and Sign-In
When you register on The Site, you will be asked to provide information such as your name, email address, age (see paragraph above on “Children”), country, and zip code or Value Added Tax (VAT). You may be offered the opportunity to subscribe to and receive eNewsletters. You can always modify, verify, correct, or delete your personal information (or your account) by clicking the My Account link at the top right of the Home Page, then Manage Personal Data, then follow the prompts.
If you choose to provide information, you are giving Us permission to use, store, monitor, retrieve and transmit your information consistent with This Agreement. We only collect information from you because you are voluntarily submitting the information. When you sign in to The Site, you are not anonymous to Us.
You are solely responsible for your registration membership name and password, and for maintaining the confidentiality of your information. You are also solely responsible for any and all activities that occur with Your Account. If The Site does not recognize your device from a previous sign-in, you may be asked for information that will help us to identify you. You may delete Your Account by clicking the My Account link at the top right of the Home Page, then Manage Personal Data, then Delete Account near the bottom of the screen.
Always access your sensitive account information by going directly to The Site and not through a hyperlink in an email or any other electronic communication, even if it looks official. The Site reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of The Site with or without notice and for any reason, including, without limitation, breach of This Agreement.
Any suspected illegal, fraudulent or abusive activity may be grounds for account suspension or termination, and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use The Services will immediately cease, and We reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Right of Withdrawal & Return Policy
All Products on The Site are downloadable only. There are no physical copies for purchase. "Right of Withdrawal” or "Return" does not apply to distance and/or downloaded material, as it cannot be returned without leaving any residue and, because of its nature as a digital file, is unsuitable for return. Therefore, there is no Right of Withdrawal or Return for products from This Site. There are No Refunds, since there are No Returns.
To purchase product from this Site, it is required to check the box, "I have read the Right of Withdrawal / Return" before any purchase can be made. By checking the box, you acknowledge that Right of Withdrawal or Return does not apply to your purchases.
To process your order we need to collect your payment information. You will be asked to complete various screens of information. Even though the screen forms may have the look and feel of The Site, please be aware that you may be giving your information directly to the payment service used by The Site, and that the payment service’s privacy statement governs the collection of your payment information.
An order is not processed until the validity of the payment information is verified. The Site only accepts the indicated methods of payment. After your payment is processed, your screen will show the transaction information, including download links for your purchases. We will also send an automatically generated “Activation of Product Downloads” email to the account from which you ordered, containing details of products ordered and how to download them. This email normally follows immediately after your purchase. Your order is also archived and viewable by clicking My Account in the Home Page upper right screen.
Once you click a link to download a product to your computer, the link of that item is no longer valid. See “Printing, Listening and Performing Downloaded Purchases” below for more explanation. The risk of loss or damage to product(s) passes to you when you click the links which download your purchased item(s) from The Site. The language of the order is English. If you choose to utilize a web translation tool to another language, any meaning changed or lost does not affect the legal value of this order.
Downloads ordered for locations within Ohio, U.S.A. include Ohio state tax for The Site’s business location (Franklin County) according to Ohio law. All other U.S. and worldwide locations are exempt from U.S. sales tax. Downloads ordered for European Union (EU) countries show applicable Value Added Tax (VAT), if due, during the purchase process. Prices are quoted in dollars. Your account is charged immediately as your purchase is processed.
Printing, Listening and Performing Downloaded Purchases
A downloadable sale of printed matter on This Site grants the purchaser the right to make ONE printed image from the downloaded file. Any duplication (such as reprinting, copying, scanning, photographing, or projecting in any form) is illegal and not permitted. A downloadable sale of audio matter grants the purchaser the right to listen to the downloaded file for PERSONAL use only, not commercial use. The purchaser is not buying the contents or rights to the file other than hearing the downloaded file. Why?
Downloadable purchases are similar to store-bought, brick-and-mortar physical product, in that they also have no rights to be mass-produced. This legality is widely misunderstood and results in the thieving of intellectual property. See copyright.gov for more information.
NOTE: All Product on this Site is NOT in the public domain anywhere in the world, and is NOT royalty-free. Before downloadable media became more prevalent, illegal copying was easier to spot. Unbound music on notebook-sized paper usually meant the looseleaf copy had been illegally duplicated. But with the advent of self-publishing, tablet viewing, and eBooks came the need to prove in many cases that a piece of sheet music was legally obtained. Add to this the complication of determining which music may be in the “public domain,” or “royalty-free” in certain countries of the world, but not in others.
Performance Allowance: You may teach and perform printed Products from This Site for the following events and purposes: private and public parties, charitable functions, music lessons, recitals, classes, festivals, and graded examinations; but without receiving financial compensation other than tuition, event fee, or prize money.
Some music organizations and institutions with prize-granting contests require proof of purchase to allow performance of unbound music at adjudicated events. While performing only the works of “dead composers” may save someone money, it is morally and legally expedient to compensate “living composers” for their work. For more indications of this logic, visit www.uspto.gov, www.ascap.com, or search your favorite web browser for, “why you should pay musicians.”
Opt-In or Out
To Opt-In or Opt Out of the Site’s promotional eNewsletters, click on the My Account link at the top right of the Home Page, then Manage Personal Data, then Opt-In or Out, then choose the desired option from the Entry Choices.
The Site operates in accordance with the CAN-SPAM Act by agreeing that promotional communications will:
● not use false, or misleading subjects or email addresses;
● identify an advertisement in some reasonable way;
● include the postal address for The Site;
● monitor third party email marketing services for compliance, if one is used;
● honor opt-out/unsubscribe requests quickly;
● allow users to unsubscribe by using the link at the bottom of each email.
By using The Site, you are consenting to receive administrative communications from us. We reserve the right to send you such electronic messages, service announcements, and other similar communications without offering you the opportunity to opt out of receiving them. This is important in case we need to communicate with you about items such as your orders, your account, Site maintenance, and other non-promotional matters. As a user of The Site, you acknowledge and agree that any communication via email or by postings on This Site satisfies any legal requirement that such communications be made in writing.
Information Collected Automatically
When you visit The Site, some information is automatically collected. Some of this information is anonymous, and some is personally identifiable. The information that we receive and collect depends in part on what you do when you visit The Site. You may be able to improve your experience on The Site when you tell Us who you are. We use the information we collect about you for a variety of purposes, exampled below.
Personally Identifiable Data, can be used to:
● respond to your questions and requests;
● verify your identity;
● communicate with you about your account and activities;
● prevent harm to you or others;
● provide you with material about features that may be of interest to you;
● comply with legal requirements of governmental authorities;
● protect Our rights, property and legitimate business interests;
● enforce the provisions of Our terms or policies;
● protect against fraud or for risk management purposes.
Anonymous Data, cannot be tracked to any person, and can be used for:
● improving services;
● complying with license obligations;
● market research, system analytics and operations;
● tailoring content, advertising, and offers;
● Google Analytics (to opt out, go to https://tools.google.com/dlpage/gaoptout)
While we take all reasonable steps to protect the privacy of Site visitors, we are not currently able to address every browser setting preference. We cannot currently honor “Do Not Track” or “DNT” browser signals.
Use of Submitted Information
The Site does accept unsolicited materials or ideas (“Materials”) for use or publication, and is not responsible for the similarity of any of its content or programming in any media to Materials transmitted to The Site. However, if you do so, you understand that by submitting, transmitting, posting, uploading, modifying or otherwise providing any Materials in connection with This Site and Services, whether solicited or unsolicited:
● you thereby grant to Us a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such submitted data from feedback or questionnaire responses, for any purpose, including, without limitation, the right to sublicense such right, and right to display, use, reproduce, or modify for advertising and promotional purposes, alone or as a part of other works in any form, media, software or technology of any kind now existing or developed in the future;
● you are waiving any claim and agree to assert any and all author’s rights, “droits morales” and “moral rights” against The Site regarding the use of such Material, even if Material is used that is substantially similar to the idea you sent.
The Site also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with Materials), city and state in connection with broadcast, print, online or other use or publication of your Materials. Please note that any Materials you submit are and will be treated as non-confidential and non-proprietary as to you.
The Site does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other Materials, or files delivered to The Site by you or other users. The Site is not obligated to and does not regularly review, prescreen, monitor, delete, or edit Materials. However, The Site reserves the right to review, prescreen, monitor, refuse, delete, move or edit Materials at any time in its sole discretion, for any reason or no reason, in whole or in part, with or without notice. The Site is not responsible or liable for damages of any kind arising from any Materials, even when The Site is advised of the possibility of such damages, or from The Site’s alteration or deletion of any Materials.
You are solely responsible and liable for all Materials delivered to or through This Site using your account. Any violation of these provisions can subject your Site account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the Materials, and that public posting and use of the Materials by The Site will not infringe or violate the rights of any third party in any manner.
In an attempt to provide you with increased value, We may include third party links on The Site. For example, Facebook, Twitter, YouTube, Google, Amazon, Instagram, iTunes, and tumblr are not part of The Site, though they may be linkable from The Site’s pages. You may choose to participate in such linkable sites, through which you then allow Us to collect/share information about you.
If you choose to link to third parties from The Site, We cannot be responsible for losses or damages in connection with or arising from your use of the third parties. We do not make any representations or warranties regarding these third parties. If you use third party links, you will leave The Site. We encourage Our users to read the privacy statements of every linked third party, since their privacy policies may differ from The Site’s. If you choose to access any third party, you do so at your own risk. The presence of a link to a third party does not constitute or imply This Site’s endorsement, sponsorship, or recommendation of the third party.
We may be legally obligated to transfer and disclose your information to certain non-Site facilities to comply with a legal order, when We believe in good faith that the law or a governmental authority requires it; to verify or enforce This Agreement; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect Our rights or property or security of visitors to The Site’s facilities.
We may use a non-Site facility, function, or website with anonymous data to serve the advertisements on The Site; or We may use a traffic measurement service to analyze the traffic on The Site. Ad serving enables Us to target advertisements to you for products or websites you might be interested in. Although advertisers or other companies do not have access to users’ cookies on The Site, they may themselves set and access their own cookies on your computer, if you choose to have your cookies enabled in your browser.
We may receive information about you from third parties. For example, if you request information about The Site on a third party, that website may submit to Us your email address and other information about you so that We may contact you as requested. Other users of a third party may give Us access to their profiles, and you may be one of their "connections" or information about you is otherwise accessible through your "connections" web page, profile page, or similar page on a social networking or other third party service.
Forms of communication such as email, text messaging, or other forms of electronic communication are inherently insecure. Please refrain from submitting sensitive personal information (such as account number, social security number, or credit card account number) via email or similar method of communication. We will never email you to request personal information over the Internet.
If you send an email to us, you are communicating with Us electronically and consent to receive reply communications from Us or Our providers electronically. We may retain the content of the email, your email address, and Our response in order to better service your needs or for legal and regulatory reasons.
Copyrights, Trademarks, Intellectual Property
We produce and sell Products which are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Site’s Products are only available on This Site. We are the exclusive owner of all Products on This Site, and of all related intellectual property rights (“Intellectual Property”) therein, including, without limitation, copyrights, trademarks, trade names, trade dress, service marks, features, website name, logos, designs, objects, documentation, know-how, data, art, graphics, animation, photographs, images, text, Products, music, sound effects, audio/visual elements, downloadable materials, look-and-feel, elements of design, layout, organization, presentation, and stylistic convention of This Site.
You shall not use Our Intellectual Property in connection with any products or services that are not The Site’s in a way that is likely to cause confusion among consumers, or that disparages or discredits Us. You do not acquire any ownership interests in any of the Site Intellectual Property by accessing, browsing or otherwise using The Site.
You may access, browse and use The Site on one computer or mobile device at a time, and only for your personal, non-commercial use. You may not copy, reproduce, modify, distribute, transmit, display, publish or otherwise exploit, through any means or media, any of the Site’s Intellectual Property. You may perform Product only as explicitly stated in the Performance Clause of This Agreement.
You are not given permission to screen-grab images and/or to print them. You agree that The Site’s encrypted watermarks are reasonable means to detect misappropriation of The Site’s product(s) which are protected by copyright and trademark law. You agree that removal of such watermarks would violate This Agreement.
No right, title or interest in any of the content of This Site is transferred to you as a result of any purchase or use. You agree that you will not produce, reproduce, publish, republish, broadcast, rebroadcast, download, license, transmit, enter into a database, display, adapt, edit, modify, copy, change, create derivative works from, sell, transform, circumvent, degrade, post, distribute, redistribute, decompile, reverse engineer, disassemble, transfer or sell any viewed, purchased or un-purchased information, Products, text, photographs, images, illustrations, graphics, audio/video material, compositions, recordings, software, Site art, logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property,”) obtained from or through This Site, in whole or in part, in any form or media.
Coupons and Promotional Codes
Sometimes promotional codes and coupons may be issued for redemption on The Site. A coupon or promotional code can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including free Product.
Contests, Sweepstakes, Surveys and Games
We may periodically operate contests, sweepstakes, surveys and games through The Site that will require voluntary registration or the submission of personal information. Your personally identifiable information may be used to contact you for applicable winnings, prize delivery confirmation or other related purposes. See each contest’s rules for details about how your personal information will be used, including postings to The Site.
Data Retention Periods
We will retain your personally identifiable information for:
● as long as your account is active;
● as needed to provide you Services; or,
● to comply with various legal obligations.
If you wish to cancel your account or request that We no longer use your information, click on the My Account link at the top right of the Home Page, then Manage Personal Data, then “Delete Acct?” and select the “Yes” radio button. Your request will be processed as soon as possible.
As part of Our routine record cleaning, We may delete certain records that contain your personal information which you have submitted through Our platforms. We are under no obligation to store such personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. We may retain your information for as long as your account is active or as needed to comply with legal requirements.
You may have access to Really Simple Syndication (RSS) feeds as a convenient way to pass information. The Site may choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds (“Feeds”), including obtaining a Feed from The Site or receiving it into an application or website or displaying the content received from such Feeds, is at your own risk. You acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you, and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.
In the event that a Product or Service is mistakenly listed at an incorrect price, The Site reserves the right to refuse or cancel any orders placed listed at the incorrect price, regardless of 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, The Site shall issue a credit to your credit card account in the amount of the incorrect price.
Notice to Persons Accessing This Site Outside the United States
We are a company based in the United States. Accessing materials on This Site by some persons in some countries may not be lawful. For example, no materials associated with This Site may be downloaded or otherwise exported or re-exported:
● to countries that are subject to a U.S. government embargo or export control laws, including but not limited to countries against which the United States has embargoed goods;
● to countries that have been designated by the U.S. government as a “terrorist supporting” country;
● to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders;
● to anyone who is listed on any U.S. Government list of prohibited or restricted persons.
We make no representation that The Site and Products and Services are:
● appropriate, legal or available for use or access in the aforementioned locations outside the United States;
● governed by or operated in accordance with the laws of any other nation.
By using The Services, or providing Us with any information, you:
● acknowledge that The Site and its platforms are subject to the laws of the United States;
● represent and warrant that you are not located in, under the control of, or are a national or resident of any such country to which such import, export, or re-export is prohibited;
● explicitly consent to the collection, processing, maintenance and transfer of your information out of your country and in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen;
● consent to Our use of your information in accordance with The Site’s Agreement, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local and United States law;
● waive any claims that may arise under applicable laws.
If you choose to access This Site from outside the United States, you do so at your own risk and initiative, and are solely responsible for compliance with United States laws and any applicable local laws regarding online conduct and acceptable content. We will not be liable for any breach by you of any such laws, or for any damages, including but not limited to lost profits, lost savings, or other incidental or consequential damages arising out of the use or the inability to use The Services, even if We has been advised of the possibility of such damages, or for any claim by any other party. If you do not want your personally identifiable information to leave your country, do not use The Site.
Limitation of Warranties
All Services We provide are "as is" and "as available.” This means that We do not represent or warrant to you that:
● the use of The Services will meet your needs or requirements;
● the use of The Services will be uninterrupted, timely, secure or free from errors;
● the information obtained by using The Services will be accurate or reliable;
● any defects in The Services will be repaired or corrected;
● any content downloaded or otherwise obtained through use of The Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content;
● no information or advice, whether expressed, implied, oral or written, obtained by you from The Services shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in This Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that:
● any claim against Us shall be limited to the amount you paid, if any, for Products;
● we will not be liable for any direct, indirect, incidental, special, consequential or exemplary loss or damages which may be incurred by you, or that result from the use of, or the inability to use, The Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, even if We have been advised of the possibility of such damages, to the full extent that applicable limitation of liability laws apply;
● applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend, and hold Us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of This Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing The Services.
The Services are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Termination of Use
You agree that We may, at Our sole discretion, suspend or terminate your access to all or part of The Services with or without notice and for any reason, including, without limitation, breach of This Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use The Services will immediately cease, and We reserve the right to remove or delete any information that you may have on file with Us, including any account or login information.
This website is controlled from the state of Ohio, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Ohio, by accessing The Site, you agree that the statutes and laws of Ohio, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of The Site and the purchase of any Products through This Site.
Furthermore, you agree that any action to enforce This Agreement, including but not limited to the purchase of Products, shall be in the state or federal courts located in Franklin County, Ohio, USA; and, you waive any jurisdictional, venue, or inconvenient forum objections to such courts. The Site’s failure to insist upon or enforce strict performance of any provision of The Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any terms of This Agreement. The Site may assign its rights and duties under This Agreement to any party at any time without notice to you.
THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.