MichMusic provides services subject to the terms below. If you visit michmusic.com.orwww.micheleweir.com, you accept these conditions.
Privacy Policy
By sending e-mails to a michmusic.com and/or micheleweir.com email address, you agree that all communications provided by email or posted on this site are accepted for legal purposes as in writing.
Copyrights and Trademarks
All content included on www.michmusic.com and/or www.micheleweir.com, whether text, graphics, logos, button icons, images or software, is the property of Michele Weir and protected by United States and international copyright laws. The entirety of all content on this site is the exclusive property of Michele Weir and protected by U.S. and international copyright laws. All software used on this site is the property of Michele Weir or its software suppliers and protected by United States and international copyright laws.
“MichMusic” and other marks indicated on our site are trademarks of MichMusic in the United States and other countries. MichMusic graphics, logos, page headers, button icons, scripts, and service names are trademarks of MichMusic. MichMusic’s trademarks may not be used in connection with any product or service that is not MichMusic’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MichMusic. All other trademarks not owned by MichMusic that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MichMusic.
Usage License
MichMusic grants a limited license to access and make personal use of michmusic.com and www.micheleweir.com and not to download (other than normal browser usage and caching) or modify it, or any portion of it, except with express written consent of Michele Weir. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Michele Weir. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MichMusic without express written consent. You may not use any meta tags or any other “hidden text” utilizing Michele Weir or MichMusic’s name or trademarks without the express written consent of MichMusic. Any unauthorized use terminates the permission or license granted by MichMusic. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MichMusic so long as the link does not portray MichMusic or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MichMusic logo or other proprietary graphic or trademark as part of the link without express written permission.
MichMusic Software End User License
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use MichMusic only with involvement of a parent or guardian. MichMusic and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Risk of Loss during Shipment
All items purchased from MichMusic are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions and Pricing
MichMusic attempts to be as accurate as possible. However, MichMusic does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MichMusic itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by MichMusic, we cannot confirm the price of an item until you order; however, we do not charge your credit card until your order ships. If an error regarding pricing occurs, we will do one of the following:
If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MICHMUSIC ON AN “AS IS” AND “AS AVAILABLE” BASIS. MICHMUSIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, 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, MICHMUSIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MICHMUSIC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MICHMUSIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MICHMUSIC 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.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
State of California Law
By visiting MichMusic.com and/or MicheleWeir.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MichMusic or its affiliates.
Disputes
Any dispute relating in any way to your visit to MichMusic or to products you purchase through MichMusic shall be submitted to confidential arbitration in Austin, California, except that, to the extent you have in any manner violated or threatened to violate Michele Weir or MichMusic’s intellectual property rights, MichMusic may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to MichMusic. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed 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.