Bill Price (“Price”) reserves the right to change the Terms under which the Site is offered in his sole and absolute discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Site. All changes to the Terms are effective from the date posted.
Products Ordered Via the Site
The Site’s online store enables users to purchase music and other merchandise (the “Products”). Price makes reasonable efforts to ensure that the Product listings are accurate. However, the information on this Site may contain typographical errors or inaccuracies and may not be complete or current. Price therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Product description, pricing and availability. Price also reserves the right to limit quantities (including after you have submitted your order). Price cannot confirm the price of a Product until after you order. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Price shall have the right, at his sole discretion, to refuse or cancel any orders placed for that Product. In the event that an item is mispriced, Price may, at his discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
The risk of loss and title to Products purchased from Price pass to you upon Price’s delivery to the carrier. Price will accept returns or exchanges on purchased Products within 30 days of purchase date, providing the Product is in “as new” condition, and, in the case of CDs, the Product packaging is unopened.
Except as otherwise noted herein or otherwise on the Site, all information, documentation, and other content posted on this Site are the property of Price, his affiliates, and/or his licensors. The posting of information, documentation, and other content does not constitute a waiver of any of Price’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of Price. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Price reserves the right to revoke this authorization at any time.
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. Price does not endorse, and Price is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed within a page of this Site. Price is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that Price 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 such other sites. Price shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
Disclaimer of Warranties
PRICE DISCLAIMS ALL WARRANTIES RELATING TO THE SITE AND THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER PRICE, NOR ANY OF PRICE’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “PRICE ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF PRICE OR A PRICE ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT PRICE’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PRICE IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion County, Indiana for any action arising out of these Terms.
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of Price to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 Terms shall remain in full force and effect.
Price shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein, represent the entire understanding between you and Price regarding your relationship with Price and your use of the Site. These Terms supersede all previous written or oral agreements between you and Price with respect to such subject matter. Notwithstanding any provision of these Terms, Price has available all remedies at law or equity to enforce these Terms.