Terms and Conditions of Use
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without BreakAway Music’s prior written consent.
• Your use of this website and any dispute arising out of such use of the website will be governed by and construed in accordance with the laws of the State of Colorado, without regard to any conflict of laws, rule or principle that might refer the governance or construction of this Agreement to the laws of another jurisdiction.
By purchasing any product (“Product”) from BreakAway Music, Inc. (“Seller”), you (“Buyer”) agree to the following terms:
• Buyer is Not to Undercut Seller’s Prices: This Agreement obligates Buyer to maintain a selling price on the Product that exceeds that of the Seller’s (Seller’s Amazon.com seller name: BreakAway Music) for any and all transactions that occur on Amazon.com, which Buyer agrees to verify on Amazon’s website before Buyer sets prices on the Product. This Agreement applies to any and all Product acquired from Seller, as well as any source other than Seller, either directly or indirectly.
• Buyer’s Responsibilities: Buyer shall satisfy all tax and other governmentally imposed responsibilities including, but not limited to, payment of state, federal and international duties related to the retail sale of the Product. Buyer acknowledges that it shall not offer any discounts, rebates or price cuts on the Product which result in a transaction price lower than Seller’s on Amazon.com.
• Returns: All sales are final and Product is not returnable to Seller for a refund, compensation or indemnification of any kind.
• Promotion and Advertising: Buyer may advertise Product but shall not, in any way, represent itself, directly or indirectly, as BreakAway Music, Inc. or Scripture Lullabies, the latter being owned by Seller.
• Indemnification of Liability: Seller shall not be liable for any claim, action or proceeding based upon an alleged violation by Buyer. Buyer shall indemnify and hold harmless Seller and its shareholders, directors, employees, representatives, agents, assignees, licensees, sub-licensees, and successors from any and all liability, claims (including, without limitation, personal injury and property damage), losses, costs, and expenses (including, without limitation, attorneys’ fees) directly related to Buyer’s representations and warranties and performance of this Agreement.
• Applicable Law; Construction: This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, without regard to any conflict of laws, rule or principle that might refer the governance or construction of this Agreement to the laws of another jurisdiction. This Agreement will, at all times and in all events, be construed as a whole, according to its fair meaning, and not strictly for or against any party.
• Entire Agreement; Amendment; Notices: This Agreement constitutes the entire understanding between the parties and supersedes all proposals, commitments, writings, negotiations, and understandings, oral and written, and all other communications between the parties relating to the subject matter hereof. This Agreement may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis.