Published May 24th, 2018
Welcome to the website (the “Site”) operated by Musictoday II, LLC;
including its affiliates and related companies (“Musictoday”) for the
benefit of its commercial partners. The Site is provided as a service
to our customers. Please review the following terms and conditions,
including the Arbitration Agreement, which govern your use of the Site
(the “Agreement”).
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND
BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS
AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE
ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU ACCESS OR USE THE
SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.
This Site is designed for and targeted to individuals who are at least
18 years of age or older. In order to use and access the features and
services provided by this Site you must be 18 years of age or older. If
you are not an adult, please stop and discontinue your use of the Site.
If for any reason you do not agree with the terms of this Agreement,
including this Site’s Privacy Policy, please discontinue using this
Site. By using Site you represent that you are a legal adult, that you
meet all other eligibility requirements, and that you are fully able
and legally competent to enter into and comply with this Agreement.
Musictoday II, LLC is responsible for the hosting, operation and
maintenance of the site.
The prices displayed on the Site are quoted in U.S. Dollars and are
subject to change at any time. As a convenience to you, prices may also
be quoted in other currencies. We reserve the right to refuse any order
you place with us. We may, at our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event we make a change to or cancel an
order, we will attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
The creation or transmission of an order confirmation by Musictoday
does not signify acceptance of your order, nor constitute a binding
confirmation of an offer to sell any product and we reserve the right
to accept or decline your order for any reason up until the time the
product is actually delivered to you. An order can be cancelled for
various reasons. If you are unsatisfied with a product, you may return
it in accordance with our return policy.
We reserve the right at any time to: modify, suspend or discontinue the
Site or any service, content, feature or product offered through the
Site, with or without notice; charge fees in connection with the use of
the Site; modify and/or waive any fees charged in connection with the
Site; and/or offer opportunities to some or all users of the Site. You
agree that we shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Site, or any service,
content, feature or product offered through the Sites.
Unless otherwise noted, the Site and all features and materials on the
Site, including text, images, illustrations, designs, icons,
photographs, video clips and other content, and the copyrights,
trademarks, trade dress and/or other intellectual property in such
materials (collectively, the “Contents”), are owned or controlled by
Musictoday or duly licensed by Musictoday from its commercial partners
and service providers. The Site and the Contents are intended solely
for personal, non-commercial use. You may download or copy the Contents
and other downloadable materials displayed on the Site for your
personal use only. No right, title or interest in any downloaded
Content is transferred to you as a result of any such downloading or
copying. You may not reproduce, publish, transmit, distribute, display,
modify, create derivative works from, sell or exploit in any way any of
the Contents or the Sites. Unless otherwise specified, the Site and the
Contents are intended to promote products and services. One or more
patents may apply to the Site.
The Content on this site does not constitute medical advice. You should
consult your doctor before beginning any exercise, training or athletic
program. Musictoday is not responsible for any medical or health
problems that may result from you engaging in any activities described
on this Site or from any information you obtain from this Site. If you
ever feel discomfort or pain, you should not continue.
ALL PRODUCTS PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY
APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS
AND SUPPLIERS, IF ANY. Musictoday HEREBY DISCLAIM ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH
RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH
THIS SITE OR THE ACCURACY OF ANY PRODUCT DESCRIPTION. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, Musictoday HEREBY EXPRESSLY DISCLAIMS
ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO
NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER
PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
Your submission of personal information through the Site is governed by
the Site’s Privacy Policy. This Agreement incorporates by reference the
terms and conditions of the Privacy Policy. We also welcome any
comments about the Site; however, any comments, reviews, messages,
suggestions or other communications (collectively “Comments”) sent to
the Site shall become the property of Musictoday. Your submission of
any such Comments shall constitute an assignment Musictoday of all
worldwide rights, titles and interests in all copyrights and other
intellectual property rights in the Comments. Musictoday will be
entitled to use, reproduce, disclose, publish and distribute any
material you submit for any purpose whatsoever, without restriction and
without compensating you in any way. For this reason, we ask that you
not send us any comments that you do not wish to assign to us.
Each time you use a password or log-in credential, you will be deemed
to be authorized to access and use the Site in a manner consistent with
Agreement. You agree that you will not under any circumstances:
post any information that is abusive, threatening, obscene, defamatory,
libelous, or racially, sexually, religiously, or otherwise
objectionable and offensive;
use the service for any unlawful purpose or for the promotion of
illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s Musictoday account without permission;
interfere or attempt to interfere with the proper functioning of the
services;
make any automated use of the system, or take any action that we deem
to impose or to potentially impose an unreasonable or
disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to
restrict access to the services or use any software, technology, or
device to scrape, spider, or crawl the services or harvest or
manipulate data;
use the communication systems provided by or contacts made for any
commercial solicitation purposes;
publish or link to malicious content intended to damage or disrupt
another user’s browser or computer.
Musictoday respects the intellectual property of others. If you believe
that your work has been copied in any way that constitutes copyright
infringement then please contact us in writing at 5391 Three Notched
Rd, Crozet, VA 22932, Attn: General Counsel.
Occasionally there may be information on the Site that contains
typographical errors, inaccuracies, or omissions that may relate to
product descriptions, pricing, promotions, offers, and availability. We
reserve the right to correct any errors, inaccuracies or omissions and
to change or update information or cancel orders if any information on
the Site is inaccurate at any time without prior notice (including
after you have submitted your order).
The Site may contain links to other websites that are not under the
control of Musictoday. Musictoday has no responsibility for those
linked websites nor does linking constitute an endorsement of any. If
you use such links, you will leave the Site and your activities may be
governed by other terms and conditions and privacy practices. Links are
provided solely for the convenience and information of the Sites’ users.
THIS SITE AND ALL PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS
IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE
WILL BE AVAILABLE FOR USE OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR
OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. YOU UNDERSTAND
AND AGREE THAT NEITHER Musictoday OR ANY OF ITS AFFILIATES, PARTNERS,
CLIENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS OR SERVICE PROVIDERS SHALL BE LIABLE FOR
ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH
OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT
NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL OR PUNITIVE DAMAGES.
You agree to defend, indemnify and hold Musictoday harmless from and
against any and all claims, damages, costs and expenses, including
attorneys’ fees, due to your use of the Site and/or your breach of any
representation, warranty, or other provision of the Agreement.
Informal Dispute Resolution: Mindful of the high cost of legal
disputes, not only in dollars but also in time and energy, both you and
Musictoday agree to the following dispute resolution procedure: In the
event of any controversy, claim, action or dispute arising out of or
related to any transaction conducted on the Site, or the breach,
enforcement, interpretation, or validity of this Agreement or any part
of it (“Dispute”), the party asserting the Dispute shall first try in
good faith to settle such Dispute by providing written notice to the
other party (by first class or registered mail) describing the facts
and circumstances (including any relevant documentation) of the Dispute
and allowing the receiving party 30 days in which to respond to or
settle the Dispute. Notice shall be sent to:
(1) Musictoday at: 5391 Three Notched Rd, Crozet, VA 22932, Attn:
General Counsel, or
(2) You at: your last-used billing address or the billing and/or
shipping address in your online profile.
Both you and Musictoday agree that this dispute resolution procedure is
a condition precedent which must be satisfied prior to initiating any
arbitration or filing any claim against the other party.
Arbitration Agreement:
To the extent you cannot resolve any Dispute through the informal dispute
resolution procedure described above, a Dispute shall be resolved
through binding individual arbitration. You agree to give up your right
to go to court to assert or defend your rights under this Agreement and
with respect to any Dispute. You and Musictoday expressly delegate to
the arbitrator the authority to determine the arbitrability of any
Dispute, including the scope, applicability, validity, and
enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting
arbitration to the Musictoday at 5391 Three Notched Rd, Crozet, VA
22932, Attn: General Counsel. You agree that the arbitration shall be
conducted by the American Arbitration Association (“AAA”) pursuant to
its Consumer Arbitration Rules (“AAA Rules”), as modified by this
Arbitration Agreement. The AAA Rules are available on the AAA’s website
www.adr.org, or by calling the AAA at (800) 778-7879. In the event the
AAA is unavailable or unwilling to hear the Dispute, the parties shall
agree to another arbitration provider. Payment of all filing,
administration and arbitrator fees will be governed by the AAA’s
applicable rules. Musictoday waives its right to seek attorneys’ fees
and costs in arbitration. You may choose to have the arbitration
conducted by telephone, based on written submissions, or in person in
the county where you live or at another mutually agreed location.
In lieu of arbitration, either you or Musictoday may bring any
individual claim in small claims court consistent with the
jurisdictional and dollar limits that may apply, as long as it is
brought and maintained as a individual claim.
Waiver of Right to Bring Class Actions and Representative Claims:
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to
resolve the Dispute with the same remedies available in a court of law
or equity, however, any relief must be individualized to you and shall
not affect any other customer. You and Musictoday agree that each may
bring claims against the other in arbitration only in your or their
respective individual capacities and in so doing you and Musictoday
hereby waive the right to a trial by jury, to assert or participate in
a class action lawsuit or class action arbitration (either as a
named-plaintiff or class member), and to assert or participate in any
joint or consolidated lawsuit or joint or consolidated arbitration of
any kind. If a court decides that applicable law precludes enforcement
of any of this paragraph’s limitations as to a particular cause of
action, then that cause of action (and only that cause of action) must
remain in court and be severed from any arbitration.
Other Terms:
ThisArbitration Agreement shall be governed by, and interpreted, construed,
and enforced in accordance with, the Federal Arbitration Act. The terms
of the Arbitration Agreement provisions shall survive after this
Agreement terminates or your use of the Site ends. Except as set forth
above, if any portion of this Arbitration Agreement is deemed invalid
or unenforceable, it will not invalidate the remaining portions of the
Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive
the termination of these terms, these terms of this Agreement are
effective unless and until terminated by either you or Musictoday.
Musictoday also may terminate this Agreement at any time without
notice, and accordingly may deny you access to the Site, if in our sole
judgment you fail to comply with any term or provision of the
Agreement. The obligations and liabilities of the parties incurred
prior to the termination date shall survive the termination of this
Agreement for all purposes.
This Agreement shall be governed by the laws of the Commonwealth of
Virginia without regard to choice of law principles, except for the
Arbitration Agreement above, which shall be governed by the Federal
Arbitration Act. The waiver of any provision of the Agreement shall not
be considered a waiver of any other provision or of Musictoday’s right
to require strict observance of each of the terms herein. If any
provision of the Agreement is found to be unenforceable or invalid for
any reason, that provision shall be severable, and all other provisions
shall remain in full force and effect. This Agreement constitutes the
entire agreement between us relating to your use of the Sites.