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Terms of Service &      Disclaimer...........  

Terms of Service for use of this web site
and For Use of our Products or Services


Indiemusicconsultant.com
©2016  All Rights Reserved

1. ACCEPTANCE OF TERMS  
                  

Welcome to the Indiemusicconsultant.com website. INDIEMUSICCONSULTANT.COM provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at  http://www.indiemusicconsultant.com/terms.html.  In addition, when using particular INDIEMUSICCONSULTANT.COM services, you and INDIEMUSICCONSULTANT.COM shall be subject to any guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.  INDIEMUSICCONSULTANT.COM also may offer various services from time to time which may be governed by different terms of service.

 

 

2. DESCRIPTION OF SERVICE

 

INDIEMUSICCONSULTANT.COM currently provides users with a website which provides access to a venue of a broad variety of items which are being offered for sale by third-parties, as well as advertising and links to related services and service providers (the “Service”).  The Service provided by INDIEMUSICCONSULTANT.COM may be modified from time to time without notice.  It is important to note that since INDIEMUSICCONSULTANT.COM solely provides the venue, it is not involved in the actual transaction between buyers and sellers. As a result, INDIEMUSICCONSULTANT.COM has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.  You also understand and agree that the Service may include advertisements and that these advertisements are necessary for INDIEMUSICCONSULTANT.COM to provide the Service. Unless explicitly stated otherwise, any new features that augment, modify or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS‑IS” and that INDIEMUSICCONSULTANT.COM assumes no responsibility for the timeliness, deletion, mis‑delivery or failure to store any user communications or personalization settings.

 

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

 

 

3. PRIVACY POLICY

 

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.indiemusicconsultant.com/privacy.html

4. CONDUCT

 

You understand that all information, data, text, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not INDIEMUSICCONSULTANT.COM, are entirely responsible for all Content that you upload, post, download, email, transmit or otherwise make available or receive via the Service. INDIEMUSICCONSULTANT.COM does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will INDIEMUSICCONSULTANT.COM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

INDIEMUSICCONSULTANT.COM does not control the information provided by sellers which is made available through our system. INDIEMUSICCONSULTANT.COM does not claim ownership of Content submitted or made available on the Service. You acknowledge that INDIEMUSICCONSULTANT.COM does not pre‑screen or verify Content.  You may find seller’s information to be inaccurate, offensive, harmful or deceptive. Please use caution and common sense when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.

 

Earnings and Career Advancement Disclaimer: 

As with any career or business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience.  Each individual’s success depends on his or her background, dedication, desire and motivation.

There is no assurance that the purchase of any of our products,  coaching services, or material reviews and critiques, or any service provided by INDIEMUSICCONSULTANT.COM and its affiliates and associates will advance your career or earnings.  We cannot guarantee your future results and/or success. There are some unknown risks in career endeavors and business and on the internet that we cannot foresee which can reduce results. We are not responsible for your actions.

The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your career or business that is directly or indirectly related to the purchase and use of our information, products and services.

                                                                       

5.         INTERNATIONAL USE

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

6.         INDEMNITY

 

You agree to indemnify and hold INDIEMUSICCONSULTANT.COM, and its directors, officers, employees, subsidiaries,  and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

 

7.         RELEASE

 

Because we are not involved in the actual transaction between you and third party partners, in the event that you have a dispute with one or more users, you release INDIEMUSICCONSULTANT.COM (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

8. DEALINGS WITH ADVERTISERS

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that INDIEMUSICCONSULTANT.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 

9. LINKS

 

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because INDIEMUSICCONSULTANT.COM has no control over such sites and resources, you acknowledge and agree that INDIEMUSICCONSULTANT.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that INDIEMUSICCONSULTANT.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

10. DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

(a)           YOUR USE OF THE SERVICES PROVIDED BY INDIEMUSICCONSULTANT.COM IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INDIEMUSICCONSULTANT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT.

 

(b)          INDIEMUSICCONSULTANT.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

(c)           ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

(d)          NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INDIEMUSICCONSULTANT.COM OR THROUGH OR FROM THE SERVICES PROVIDED BY INDIEMUSICCONSULTANT.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

(e)    Although every effort has been made to correctly and authoritatively present the material offered at this Web Site it is presented with the understanding that the author and publisher are not engaged in rendering legal, accounting, or other professional advice. The material offered at this Web Site is intended to convey information only and should not be construed as advice. If expert assistance is needed, a competent professional person should be consulted. Also, the information is offered "as is" and the author and publisher make no claim, and do not guarantee results of any kind, expressed or implied. It is also possible those mistakes have been made, or that the material may be misinterpreted by the reader. Therefore, the author and publisher accept no responsibility for any use, misuse, or misunderstanding of the information offered at this Web Site.

 

11.       LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INDIEMUSICCONSULTANT.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INDIEMUSICCONSULTANT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES OR INFORMATION ON THE INDIEMUSICCONSULTANT.COM WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES ON THE INDIEMUSICCONSULTANT.COM WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR INFORMATION PROVIDED ON THE WEBSITE.

 

 

12.       EXCLUSIONS AND LIMITATIONS

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.

 

13.  GENERAL INFORMATION

 

The TOS constitute the entire agreement between you and INDIEMUSICCONSULTANT.COM and govern your use of the Service and Website, superseding any prior agreements between you and INDIEMUSICCONSULTANT.COM. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third‑party content or third‑party software. The TOS and the relationship between you and INDIEMUSICCONSULTANT.COM shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and INDIEMUSICCONSULTANT.COM agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Montgomery, Pennsylvania. The failure of INDIEMUSICCONSULTANT.COM to exert- Indiemusicconsultant.com or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Website or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.


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