• 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.
By purchasing any product (“Product”) from BreakAway Music, Inc. (“Seller”), you (“Buyer”) agree to the following terms:
• 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.
The term “BreakAway Music” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.
Should you wish to report a complaint or if you feel that our company has not addressed your concern in a satisfactory manner, contact the Information Commissioner’s Office.
How to Contact the Appropriate Authority
• Email us at: firstname.lastname@example.org
• Call us at: 970-301-4336
• Or write to us at: P.O. Box 337376, Greeley, CO 80633-0623
How to Contact Us
Privacy Policies of Other Websites
You can set your browser to not accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.
How to Manage Cookies
There are a number of different types of cookies, however, our website uses:
• Functionality – Our company uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
• Advertising – Our company uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Our company sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.
What types of cookies do we use?
• Keeping you signed in
• Understanding how you use our website
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our website, we may collect information from you automatically through cookies or similar technology For further information, visit allaboutcookies.org.
Our company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
• The right to access – You have the right to request our company for copies of your personal data. We may charge you a small fee for this service.
• The right to rectification – You have the right to request that our company correct any information you believe is inaccurate. You also have the right to request our company to complete the information you believe is incomplete.
• The right to erasure – You have the right to request that our company erase your personal data, under certain conditions.
• The right to restrict processing – You have the right to request that our company restrict the processing of your personal data, under certain conditions.
• The right to object to processing – You have the right to object to our company’s processing of your personal data, under certain conditions.
• The right to data portability – You have the right to request that our company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us:
Call us at: 970-301-4336
Or write to us at: email@example.com
What are your data protection rights?
If you have agreed to receive marketing, you may always opt out at a later date. You have the right at any time to stop our company from contacting you for marketing purposes or giving your data to other members of the our company group.
Our company does not store any of your data connected to your payment methods (ie. credit/debit card numbers), other than your name, billing/shipping address(es) and/or email address(es).
How do we store your data?
Our company collects your data so that we can:
• Process your order and manage your account.
• Email you with special offers on other products and services we think you might like.
When our company processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
How will we use you data?
You directly provide our company with most of the data we collect. We collect data and process data when you:
• Register online or place an order for any of our products or services.
• Voluntarily complete a customer survey or provide feedback on any of our platforms or via email.
• Use or view our website via your browser’s cookies.
How do we collect your data?
Our company collects the following data:
• Personal identification information (Name, email address, phone number, mailing address, etc.)
• [Add any other data your company collects]
What data do we collect?