Terms & Conditions
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ARKIVJAZZ.COM AND ARKIVMUSIC.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARKIVJAZZ.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARKIVJAZZ.COM AND ARKIVMUS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ARKIVJAZZ.COM AND ARKIVMUSIC.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARKIVJAZZ.COM AND ARKIVMUSIC.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Accepting the Terms
This document and all other documents referenced in these Terms & Conditions are collectively the “Terms.” The Terms are a legally binding contract between you and ArkivJazz.com and ArkivMusic.com. Please read the Terms & Conditions, along with the Privacy Policy, carefully. By using ArkivJazz.com and ArkivMusic.com, you accept the Terms & Conditions and the Privacy Policy (jointly referred to as the “Terms”). By creating an Account or by making any purchase through ArkivJazz.com, you agreed and accepted the Terms. If you do not agree with the Terms, you may not use ArkivJazz.com or ArkivMusic.com, and you should discontinue your use of the website immediately.
Site Policies
Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to ArkivJazz.com and ArkivMusic.com. We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If we determine those changes are material to your continued use, we will notify you either by posting a message on our website or by sending you an email notifying you of the changes to the Terms & Conditions or other policies. Check back regularly to be notified of any updates. If any term or condition contained in the Terms (including, but not limited to the Terms & Conditions and Privacy Policy) are deemed to be invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Jurisdiction and Applicable Law
By visiting ArkivJazz.com and ArkivMusic.com and using the services, making purchases, and otherwise utilizing the website, you agree that the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Terms & Conditions.
Any dispute relating in any way to your visit to ArkivJazz.com or ArkivMusic.com or to the products you purchase through ArkivJazz.com or ArkivMusic.com shall be submitted to confidential arbitration in Tennessee, except that, to the extent you have in any manner violated or threatened to violate ArkivJazz’s or ArkivMusic's intellectual property rights, ArkivJazz.com and ArkivMusic may seek injunctive or other appropriate relief in any state or federal court in the state of Tennessee, and you consent to the exclusive jurisdiction and venue in such courts.
Privacy and Your Personal Information
At ArkivJazz.com and ArkivMusic.com, we know privacy is important to you, and it’s important to us, too. Please read our Privacy Policy to learn more about how ArkivJazz.com and ArkivMusic.com are working hard to ensure that your personal information remains private. Remember, by using ArkivJazz.com and ArkivMusic.com, you’re agreeing to our processing, storage, and usage of your personal information as outlined in the Privacy Policy. Arkv does not sell your personal information.
Your Account
You must be 18 or older to use ArkivJazz.com and ArkivMusic.com. ArkivJazz.com and ArkivMusic.com do not sell products to children. If you are under 18 years old, you must be accompanied by a parent or legal guarding to place orders on ArkivJazz.com and ArkivMusic.com. By accepting the Terms, you confirm that you are 18 or older. You are responsible for any and all account activity conducted by a minor on your account.
Use your own information. Provide us with an accurate accounting of your information, and don’t use someone else’s personal information on your account.
Protect your password. Keep your passwords protected and comply with all relevant legal requirements when you use ArkivJazz.com and ArkivMusic.com.
Termination
If you no longer want ArkivJazz.com or ArkivMusic.com to use your information, you may elect to close your account. In the event that you opt to close your account, ArkivJazz.com and ArkivMusic.com will retain your information to the extent necessary to satisfy our legal requirements, resolve disputes, enforce our agreements, or as otherwise provided. To inquire about removal of your account, please send a request to customerservice@arkivmusic.com.
Orders Placed on ArkivJazz.com and ArkivMusic.com
Prices and availability of the products and services listed on ArkivJazz.com and ArkivMusic.com are subject to change without notice. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. Not all products and services listed on this Site may be available for sale or delivery in every area. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
Sale Prices
From time to time, ArkivJazz.com and ArkivMusic.com may offer certain items or all items in the store at prices lower than the normal ArkivJazz.com and ArkivMusic.com retail price. These sale prices will be honored only for the time period in which they are displayed on ArkivJazz.com and ArkivMusic.com. We do not honor sale prices for items and/or orders placed before or after the sale period. The sale period is defined by the time period when the discounted prices are displayed on ArkivJazz.com and ArkivMusic.com.
Generally
These Terms, including all the policies that make up these Terms, supersede any other agreement between you and ArkivJazz.com and ArkivMusic.com regarding the services provided through the website. If any part of the Terms is found to be unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Our failure to enforce any part of these Terms is not a waiver of ArkivJazz.com and ArkivMusic.com to later enforce that part of the Terms or any other part of the Terms. We may assign any of our rights and obligations under these Terms.
Contact
If you have any questions or concerns regarding the ArkivJazz.com and ArkivMusic.com Privacy Policy or Terms & Conditions, please contact us at customerservice@arkivmusic.com.
Terms & Conditions last updated: 08/04/2020