Terms of
Use
The Spotts Music Center Web site at www.spottsmusic.com
belongs solely to Spotts
Music Center.
Spotts Music Center
grants you the right to use the Site subject to the terms and conditions of use
set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE
SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
License
Subject to these Terms of Use, Spotts Music
Center grants you a limited, royalty-free license to view the materials
contained on the Site and make such copies only as may be incidentally created
during your exercise of the foregoing through the normal operation of a
commercially available web browser and a gateway cache and proxy obtaining the
Materials from the Spotts Music Center server. You are not granted any right to
use Spotts Music
Center trademarks, logos, trade dress
(including without limitation the layout of the Site) or other marks, and all
such items shall remain the exclusive property of Spotts Music
Center.
Modification
Spotts Music Center reserves the right at any time to modify or discontinue, temporarily or
permanently, the Site or any part thereof with or without notice. You agree
that Spotts Music Center
will not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Site.
Mailings
By submitting your name, e-mail address, and
any other personal information to Spotts Music Center, you hereby grant Spotts
Music Center, subject to the Spotts Music Center Privacy Policy a royalty-free
license to use and disclose this information, including but not limited to
using and disclosing such information in connection with periodic mailings to
you about Spotts Music Center products, services, and news. The terms and
conditions of this Agreement shall apply to all such Mailings.
Submissions
All remarks, suggestions, ideas, graphics,
data, personal information, resumes, questions or other information
communicated to Spotts Music Center through the Site, by facsimile or through
the mail (electronic or otherwise) will forever be the property of Spotts Music
Center. Unless otherwise specified in our Privacy Policy, Spotts Music Center will
not treat any Submission as confidential or proprietary and will not be liable
for the use of any ideas for its business (including, without limitation,
service or promotion ideas) and will not incur any liability as a result of any
similarities that may appear in future Spotts Music Center services or
operations. Without limitation, Spotts
Music Center
will have exclusive ownership of all present and future existing rights to the
Submission for any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not Spotts Music
Center, have full
responsibility for the Submission, including its legality, reliability,
appropriateness, originality, and copyright.
Forum
Rules
Our Site may only be used for lawful
purposes. Spotts Music Center
specifically prohibits any use of our Site, and all users agree not to use our
Site, for any of the following:
You
agree not to:
- Defame, abuse, harass, threaten, embarrass, is racially or ethically
offensive or is obscene, abusive, hateful, pornographic, vulgar, or
harmful to anyone, but especially to children.
- Publish, post, upload, distribute or disseminate or offer to do the same
any inappropriate, defamatory, infringing, obscene, or unlawful material
or information.
- Posting any incomplete, false or inaccurate information or
information which is not your own accurate information.
- Impersonate another person or entity, or falsify
or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or
other material contained in a file that is posted.
- Post any material that infringes any patent,
trademark, copyright, trade secret or other proprietary right of any party,
unless you are the owner of the Rights or have the permission of the owner
to post or transmit such material.
- Deleting or revising any material posted by any
other person or entity
- Post any files that contain viruses, corrupted
files, or any other similar software or programs that may damage the
operation of another's computer.
- Advertise or offer to sell any goods or services
for any commercial purpose.
- Conduct or forward surveys, contests, pyramid
schemes or chain letters.
- Download any file Posted by another user of the
forum that you know, or reasonably should know, that cannot be legally
distributed in such manner.
- If you have a password allowing access to a
non-public area of our Site, disclosing to or sharing your password with
any third parties or using your password for any unauthorized purpose
- Aggregating, copying or duplicating in any manner any of the
materials or information available from our Site.
- Restrict or inhibit any other user from using
and enjoying the Forum.
- Crosspost or multipost messages.
Cancellation
Spotts Music Centert may, in appropriate circumstances and at its discretion,
remove, or disable access to material on the Web Site that violate
the Forum Terms of Use. Such messages are subject to cancellation without
notice.
Registration
and Passwords
If you register on our Site, you agree to
provide accurate and complete information about yourself and to maintain and
update such information so it remains accurate and complete following
registration. Failure to provide accurate and complete information or to update
such information shall be adequate grounds for us to either suspend or
terminate your account.
Upon registration, you will receive a
password and user name. You are responsible for maintaining the confidentiality
of your password and user name and are responsible for any activities that
occur under your password and user name.
Accuracy
of Content and Pricing Information
Because prices, product descriptions and
availability can change quickly, Spotts
Music Center
does not warrant the accuracy or completeness of the information provided on
the Site. Also, Spotts
Music Center
may make changes to the information contained herein, including to the products
and prices described in the site, at any time, without prior notice to you
(including after you have submitted your order). Information at this Site is
periodically updated, but it may not be current or complete at the moment you
visit this Site and may contain errors or inaccuracies. In no event shall Spotts Music
Center or its service or
product providers be liable to you in any manner whatsoever for any decision
made by you, or for any act or failure to act by you, in reliance upon
information provided at this Site. If a product you purchase does not match the
description on the Site, as your sole and exclusive remedy you may return the
product, unused, to Spotts
Music Center
and receive a refund of your purchase price.
Items in your shopping cart will reflect the
most recent price displayed on the item's product detail page. Prices are
frequently updated to adjust for different sales, limited pricing, and other
discounting. Therefore, prices on the product detail page and in your cart may
change after such updates to reflect the current prices. Placing items in your
cart does not reserve the current prices shown at that time, and prices are
reserved only by placing an order. From time to time, despite our efforts, a
small number of the items in our catalog may be mispriced. Please note that
such errors or inaccuracies may be related to product descriptions, pricing and
availability. In the event of a pricing error, Spotts Music Center will take
one of the following options: (1) If an item's correct price is lower than our
stated price, we will charge the lower amount and ship you the item; or (2) if
an item's correct price is higher than our stated price, we will, at our
discretion, either contact you for instructions before shipping or cancel your
order and notify you of such cancellation. We apologize for any inconvenience.
If you are not satisfied with your purchase due to any errors or inaccuracies,
you may return it in accordance with our return procedure. Please call
1-800-227-7690 or more information about returns. Discounts are limited-time
offers and are not valid with other offers.
List
Prices
List Price is the suggested retail selling
price of a product provided to us by manufacturers. We may commonly sell
products at prices lower than List Price, and, for any given product, no sales
may have occurred at List Price.
List Price is a benchmark to compare our
discounts from List Price to pricing offered by other retailers. Whether other
retailers sell at List Price will vary by product, geographic location, type of
store, and over time.
Although we periodically update the List
Prices in our direct mail offerings and on our website as we receive them, in
some cases manufacturers may change a suggested retail price without notice to
us.
Please contact the manufacturer of a
specific product for the most up-to-date List Price information.
List Prices quoted for house or private
label brands are developed internally in consideration of comparable name brand
products. We may commonly sell such products at prices lower than List Price
and, for any given product, no sales may have occurred at List Price.
Although our limited time events are
intended to be limited time events, our low prices offered during these events
may continue in effect after the event.
Values associated with items labeled
"free with purchase" are based upon list price.
Disclaimer
of Warranties
THE INFORMATION ON THE SITE IS PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING
SPOTTS MUSIC CENTER
EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE
INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, in which
case any implied warranties shall be limited to the minimum scope and period
permitted by law.
Limitation
of Liability
IN NO EVENT SHALL SPOTTS MUSIC CENTER BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR
PROFITS, WHETHER OR NOT SPOTTS MUSIC CENTER HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THE INFORMATION ON OUR SITE. SPOTTS MUSIC
CENTER TOTAL CUMULATIVE
LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE
SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Copyright
The Site and the Materials are copyrighted
works of Spotts Music Center
and/or its suppliers. Neither the Site nor the Materials may be reproduced,
displayed, modified or adapted, distributed or transmitted in any form by any
means (including, but not limited to, electronic duplication or transmission)
without the prior written permission of Spotts Music
Center.
Spotts Music Center may at any time revise these Terms of Use by updating this posting. By
using this Site, you agree to be bound by any such revisions, and you should
periodically visit this page of the Site to examine the then-current Terms of
Use by which you are bound. Certain provisions of these Terms of Use may be
superseded by expressly designated legal notices or terms located on particular
pages of this Site.
Notice
If you have any questions about these Terms
of Use or our Privacy Policy, you may contact Spotts Music
Center at:
Spotts Music Center
773 Willow Road
Punxsutawney, PA 15767
800-227-7690