Terms and Conditions
This agreement was most recently updated on 10/01/2017.
Welcome to the Music For Trio, which is located at https://musicfortrio.com (the “Site”). The following Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Site and the Music For Trio service (as defined below). Purchase of any product or service on the Site constitutes your agreement to and acceptance of all the TOS.
The Music For Trio (referred in this Agreement as “us”, “we” or “MFT”) reserves the right to revise this TOS in its sole discretion at any time and without prior notice to you other than by posting the revised TOS on the Site. Any revisions to the TOS are effective upon posting. The TOS will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of this TOS. Your continued use of the Site after a revised version of this TOS has been posted by MFT to the Site constitutes your binding acceptance of such revision and the revised TOS. Notwithstanding the preceding sentences of this paragraph, no revisions to this TOS will apply to any dispute between you and us that arose prior to the date of such revision.
- The Music For Trio Service.The Music For Trio provides a number of Internet-based services and products through the Site (all such services, collectively, the “Music For Trio Service” and “Products”). The MFT users may purchase individual Products for their own use.
- Use of the Site and the Music For Trio Service.(a) Eligibility. The MFT will only knowingly provide Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Music For Trio Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Music For Trio Service is not intended for children under the age of 13.(b) Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Music For Trio Service and the Site.
- Rules For Use Of the Site.(a) Prohibited Use. Except as may be expressly permitted by the MFT, you may not:(i) interfere with the Music For Trio Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
(ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Music For Trio Service;
(iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet “search engine”, hit counters or similar technology;
(iv) collect electronic mail addresses or other information from third parties by using the Music For Trio Service;
(v) impersonate another person or entity;
(vii) use any meta tags, search terms, key terms, or the like that contain the MFT’s name or trademarks;
(viii) engage in any activity that interferes with another user’s ability to use or enjoy the Music For Trio Service; or
(ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.
(b) Ordering Products. If you purchase Products, you agree to do so in accordance with the Music For Trio’s Customer Bill of Rights below. Title to Products that you buy will pass to you upon delivery of the Products to the common carrier.
* If you need to cancel your order, contact customer Service by email: email@example.com. Please include the order number of the item that you would like to cancel. If you’ve already completed an order and wish to add a new item to that order, you’ll need to cancel that order and place a new order. Please note that if your order has already been processed, you may not be able to cancel it or modify it.
(c) Monitoring. The Music For Trio reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site.
(d) Modification of the Service. The Music For Trio may modify the Music For Trio Service at any time with or without notice to you, and will incur no liability for doing so.
- Submissions. When you submit questions, comments, suggestions, ideas, material submitted via web forms, communications or any other information (“Submissions”), you grant the MFT permission to use such submissions for marketing and other promotional purposes. You agree that the MFT will have no obligation to keep any Submissions confidential and you will not bring a claim against the MFT based on “moral rights” or the like arising from the MFT’s use of a Submission.
- Disclaimers, Exclusions, and Limitations.(a) DISCLAIMER OF WARRANTIES. THE MUSIC FOR TRIO PROVIDES THE SITE AND THE MUSIC FOR TRIO SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MUSIC FOR TRIO DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE MUSIC FOR TRIO SERVICE OR ITS USE:(i) WILL BE UNINTERRUPTED,
(ii) WILL BE FREE OF INACCURACIES OR ERRORS,
(iii) WILL MEET YOUR REQUIREMENTS, OR
(iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. THE MUSIC FOR TRIO MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) EXCLUSION OF DAMAGES. THE MUSIC FOR TRIO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE MUSIC FOR TRIO SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF
(i) THE AMOUNT PAID OR PAYABLE BY THE MUSIC FOR TRIO TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR
- Indemnification. You will indemnify and hold the Music For Trio and its members, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify the MFT under this Section, the MFT will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without the Music For Trio’s express written permission.
- Termination.(a) Termination. The NFT may suspend or terminate your use of the Site or Music For Trio Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.(b) Survival. These TOS will survive indefinitely unless and until the MFT chooses to terminate them.
(c) Effect of Termination. If you or the MFT terminates your use of the Site or the Music For Trio Service, the MFT may delete any Submissions or other materials relating to your use of the Music For Trio Service on the KMFT’s servers or otherwise in its possession and the MFT will have no liability to you or any third party for doing so.
- Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods:(i) U.S. mail,
(ii) overnight courier, or
(iii) electronic mail.
If you give notice to the Music For Trio, you must use the following addresses: P.O.Box 45824 Madison, WI 53744 U.S.A. or firstname.lastname@example.org. If the MFT provides notice to you, the MFT will use the contact information provided by you to the MFT. All notices will be deemed received as follows:
(i) if by delivery by U.S. mail, seven (7) business days after dispatch,
(ii) if by overnight courier, on the date receipt is confirmed by such courier service, or
(iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
- Dispute Resolution. Mandatory Arbitration. Please read this carefully. It affects your rights.
YOU AND THE MUSIC FOR TRIO AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES.Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.