Effective Date: January 1, 2017
Pender’s Music Co. offers you the website, www.penders.com/digital, and all the features and functions therein (collectively, the “Website”). These Terms and Conditions (the “Terms”) apply to your use of the Website. In these Terms, “we”, “our” and “us” refer to Pender’s Music Co., and “user,” “you” and “your” mean users of the Website. Pender’s Music Co. grants you the right to use the Website and subject to these Terms set forth below. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. YOU MAY NOT USE THE WEBSITE FOR ANY COMMERCIAL PURPOSE OR IN ANY WAY NOT EXPRESSLY PERMITTED BY THESE TERMS.
You must be at least 18 years of age (or at least the age of majority in your jurisdiction or country, if different) in order to use the Website (the “Minimum Age”). If you are under the age of 18, then you may only use the Website with your parent or legal guardian’s permission. If you are a parent or guardian permitting a minor under the Minimum Age (a “minor”) to use the Website, you agree to: (i) supervise the minor’s use of the Website; (ii) assume all risks associated with the minor’s use of the same, including the transmission of content to and from third parties via the Internet; (iii) and assume any liability resulting from the minor’s use of the Website; (iv) ensure the accuracy and truthfulness of all information submitted by the minor; and (v) assume responsibility and be bound by these Terms for the minor’s access and use of the Website.
Subject to these Terms, Pender’s Music Co. grants to you and you accept, a limited, personal, nonexclusive, nontransferable, revocable, royalty-free license to use the Website and view the information, content, and materials contained on the Website (the “Materials”) and make such copies of the Materials 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 Pender’s Music Co. server. Your access to the Website is licensed and not sold. All reference to the Website includes all related graphics, user interfaces, scripts and software used to implement and provide access to the Website and any updates, upgrades, enhancements, modifications, revisions or additions to the Website made available to end users by Pender’s Music Co. However, Pender’s Music Co. is under no obligation to provide any such updates, upgrades, enhancements, modifications, revisions or additions to the Website.
We or our licensors are the sole owners of any trademarks, logos, domain names, page headers, custom graphics, button icons, scripts and other distinctive brand features on the Website. You agree that all, right, title and interest in the Website will remain ours. You are not granted any right to reproduce, copy, imitate, distribute, sell, broadcast, license, use or otherwise exploit Pender’s Music Co. trademarks, domain names, logos, trade dress (including without limitation the layout of the Website) or other marks or distinctive features of the Website in whole or in part, and all such items shall remain the exclusive property of Pender’s Music Co. and/or our licensors.
MODIFICATION, SUSPENSION OR DISCONTINUATION
Pender’s Music Co. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice or to suspend, remove or disable access to the Website. You agree that Pender’s Music Co. and its parent company and affiliates will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Website and for any claims, costs or damages arising therefrom.
THIRD PARTY MATERIALS
The Website includes software or other materials developed by third parties.
THIRD PARTY SITES
Use of the Website may include or link to websites provided by a third party service provider (“Third Party Sites”). Your use of Third Party Sites shall be solely between you and the third party and subject to the applicable terms and conditions from such third party. We hereby disclaim all responsibility and liability for your use of Third Party Sites, including but not limited to the reliability or the performance of such Third Party Sites.
All remarks, suggestions, comments, questions and other information submitted to Pender’s Music Co. through the Website (“Submissions”) are the property of Pender’s Music Co. You agree that Pender’s Music Co. will not be liable for the use of any ideas or Submission 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 Pender’s Music Co. services or operations. Without limitation, Pender’s Music Co. will have exclusive ownership of all present and future existing rights to the Submission or idea for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission or idea. You represent that any Submission by you will comply with all applicable laws and will not violate the rights of any third party.
WEBSITE USE RULES AND RESTRICTIONS
Our Website may only be used for lawful purposes. Pender’s Music Co. specifically prohibits any use of our Website, and all users agree not to use our Website, for any of the following:
If you believe someone is not complying with these Terms or that someone is violating your rights in connection with the Website, please notify us at: firstname.lastname@example.org. If you violate any part of these Terms, we reserve the right to terminate your access to the Website, without notice.
REGISTRATION AND PASSWORDS
ACCURACY OF CONTENT AND PRICING INFORMATION
Because prices, product descriptions and availability can change quickly, Pender’s Music Co. does not warrant the accuracy or completeness of the information provided on the Website. Also, Pender’s Music Co. may make changes to the information contained on the Website, including to the products and prices described, at any time, without prior notice to you (including after you have submitted your order). Information at the Website is periodically updated, but may not be current or complete at the moment you visit the Website and may contain errors or inaccuracies. In no event shall Pender’s Music Co., its parent company and affiliates, 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 the Website.
Items in your shopping cart or “basket” 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, certain of the items in our catalog may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, territorial currencies, pricing and availability.
Some products may be limited to stock on hand and are offered on a first come, first served basis.
You will indemnify, release and hold harmless us, our parent, subsidiaries and affiliates and all agents and employees thereof and any party ac ting on our behalf, from and against any and all claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) your use of the Website or any product you may receive or purchase from the Website; (ii) any breach of these Terms by you; or (iii) any violation of any laws, regulations or the rights of any third party by you in connection with your use of the Website.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PENDER’S MUSIC CO. AND ITS PARENT COMPANY AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, WE AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE WEBSITE WILL (i) OPERATE IN ANY UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, (iii) WILL BE SECURE OR IMMUNE FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE WEBSITE WILL BE SATISFACTORY TO YOU OR THAT ERRORS WILL BE CORRECTED. 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, TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL PENDER’S MUSIC CO. AND ITS PARENT COMPANY OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PENDER’S MUSIC CO. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY (WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY SUCH DAMAGES OR LOST PROFITS FROM US AND OUR LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH A CLAIM. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE WEBSITE OR FOR ANY USER CONTENT OR COMMUNICATIONS ON THE WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. UNLESS AS OTHERWISE INDICATED IN THESE TERMS, WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
The Website and the Materials are copyrighted works of Pender’s Music Co. and/or its suppliers or licensors. For the avoidance of doubt and as stated above, neither the Website 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 Pender’s Music Co.
AMENDMENT TO TERMS
Pender’s Music Co. may at any time revise these Terms. If we change these Terms, we will update the Effective Date listed above. By using or accessing this Website after such modification, you will be deemed to have read, understood and unconditionally agreed to be bound by any such revisions. If you do not agree to the updated Terms, you may not use the Website. You should periodically visit this page of the Website to examine the then-current Terms by which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
Pender’s Music Co.
314 S. Elm
Denton, Texas 76201
GENERAL AND MISCELLANEOUS
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable or void for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms shall for all purposes be governed by and interpreted in accordance with the laws of the State of Texas as those laws are applied to contracts entered into and to be performed entirely in Texas, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms shall be commenced exclusively in Texas-based state or federal court, and you irrevocably submit to the exclusive jurisdiction and venue of such courts. YOU AGREE THAT YOU WILL NOT BRING OR PARTICIPATE IN A CLASS ACTION AGAINST US. Any provision that by its nature should continue to be in effect in order to give meaning to such provision shall survive the expiration or earlier termination of these Terms and shall remain valid and binding. The headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms. The failure by us to enforce at any time any of the provisions of these Terms, or the failure of us to require at any time performance by you of any of the provisions hereof, shall in no way be construed as a present or future waiver of such provisions, nor in any way affect the right of us to enforce such provision thereafter.