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TERMS AND CONDITIONS OF USE The Modern Music Web site at (the "Site") is a copyrighted work belonging to Modern Music, Inc. ("Modern Music "). Modern Music grants you the right to use the Site subject to the terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE. LICENSE Subject to these Terms of Use, Modern Music grants you a limited, royalty-free license to view the materials contained on the Site (the "Materials") and make such copies 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 Modern Music server. You are not granted any right to use Modern Music trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Modern Music. MODIFICATION Modern Music reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Modern Music will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. SECURED AREAS Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement. MAILINGS By submitting your name, e-mail address, and any other personal information to Modern Music, you hereby grant Modern Music, subject to the Modern Music Privacy Policy a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about Modern Music products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings. SUBMISSIONS All remarks, suggestions, ideas, graphics, data, personal information, resumes, questions or other information communicated to Modern Music through the Site, by facsimile or through the mail (electronic or otherwise) (a "Submission") will forever be the property of Modern Music. Modern Music will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas 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 Modern Music services or operations. Without limitation, Modern Music will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Modern Music, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright. SITE USE RULES Our Site may only be used for lawful purposes. Modern Music specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following: Posting any incomplete, false or inaccurate information or information which is not your own accurate information; Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children; Deleting or revising any material posted by any other person or entity; If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose; Harming minors in any way; Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or Aggregating, copying or duplicating in any manner any of the materials or information available from our Site. We do not knowingly collect identifiable information from anyone under thirteen years of age. REGISTRATION AND PASSWORDS If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account. Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name. ACCURACY OF CONTENT AND PRICING INFORMATION Because prices, product descriptions and availability can change quickly, Modern Music does not warrant the accuracy or completeness of the information provided on the Site. Also, Modern Music may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall Modern Music 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 this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Modern Music and receive a refund of your purchase price. Items in your shopping cart 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, a small number of the items in our catalog may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Modern Music will take one of the following options: (1) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) 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. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers. LIMITED QUANTITIES All products, including those identified as Closeouts and Limited Quantity items are limited to stock on hand and are offered on a first come, first served basis. LIST PRICES List Price is the suggested retail selling price of a product provided to us by manufacturers. We may commonly sell products at prices lower than List Price, and, for any given product, no sales may have occurred at List Price. List Price is a benchmark to compare our discounts from List Price to pricing offered by other retailers. Whether other retailers sell at List Price will vary by product, geographic location, type of store, and over time. Although we periodically update the List Prices in our direct mail offerings and on our website as we receive them, in some cases manufacturers may change a suggested retail price without notice to us. Please contact the manufacturer of a specific product for the most up-to-date List Price information. List Prices quoted for house or private label brands are developed internally in consideration of comparable name brand products. We may commonly sell such products at prices lower than List Price and, for any given product, no sales may have occurred at List Price. Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event. Values associated with items labeled "free with purchase" are based upon list price. DISCLAIMER OF WARRANTIES THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, Modern Music EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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 SHALL Modern Music BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Modern Music HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. Modern Music's TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COPYRIGHT The Site and the Materials are copyrighted works of Modern Music and/or its suppliers. Neither the Site 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 Modern Music. AMENDMENT Modern Music may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site. NOTICE If you have any questions about these Terms of Use or our Privacy Policy, you may contact Modern Music at: Modern Music 1715 Ogden Ave Lisle, IL 60532 630-810-1500 GENERAL If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of Illinois as those laws are applied to contracts entered into and to be performed entirely in Illinois, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in state or federal court in DuPage County, Illinois, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.