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THE WEBSITE WWW.KMCMUSICONLINE.COM (THE "SITE") IS OWNED AND OPERATED BY KMC MUSIC A DIVISION OF JAM INDUSTRIES LIMITED (THE "COMPANY") FOR YOUR USE AND INFORMATION. YOUR USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE AND SALE (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING AND BROWSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
THESE TERMS AND CONDITIONS ARE A LEGAL AGREEMENT BETWEEN THE PERSON ACCESSING THE DEALER ONLY SECURED AREA OF THIS SITE ("YOU", "YOUR" OR "DEALER") AND THE COMPANY CONCERNING EACH PURCHASE OF PRODUCTS OFFERED ON THE SITE FROM THE COMPANY.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, OR ANY PART OF THEM, YOU MAY NOT USE THE SITE TO PURCHASE ANY OF THE PRODUCTS AVAILABLE ON THE SITE.
THE COMPANY RESERVES THE RIGHT TO CHANGE, MODIFY, ALTER, ADD, REMOVE OR OTHERWISE UPDATE THE TERMS AND CONDITIONS (OR ANY PORTION THEREOF) APPLICABLE TO THE SITE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, AND FROM TIME TO TIME, AT THE COMPANY'S SOLE DISCRETION. WE WILL NOTIFY YOU OF ANY SUCH CHANGES, MODIFICATIONS, ALTERATIONS OR UPDATES TO THE SITE BY POSTING NOTICE OF SAME ON THE SITE. FOLLOWING THE POSTING OF ANY SUCH NOTICE, YOUR CONTINUED USE OF THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF THE NEW TERMS AND CONDITIONS AND OTHER POLICIES, AS MODIFIED, AND YOU WILL BE BOUND BY SAID NEW TERMS AND CONDITIONS AND POLICIES.
THE COMPANY'S PRODUCTS (AS DEFINED BELOW) MAY BE ORDERED BY DEALERS WHO RESIDE IN THE UNITED STATES. THE SITE IS NOT INTENDED FOR ACCESS OR USE OUTSIDE OF UNITED STATES. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR ACCESS TO THE SITE AND THE INFORMATION AND MATERIAL AVAILABLE ON OR THROUGH IT ARE LEGAL IN EACH JURISDICTION IN OR THROUGH WHICH YOU ACCESS OR VIEW THE SITE AND SUCH INFORMATION AND MATERIAL.
THE TERMS "WE", "US", AND "OUR" USED IN THE TERMS AND CONDITIONS ALSO REFER TO THE COMPANY.
THE COMPANY URGES YOU TO READ THE TERMS AND CONDITIONS CAREFULLY, AS THEY INCLUDE PROVISIONS SUCH AS LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
As a condition of your use of the Site, you hereby represent and warrant to the Company that you
Our privacy practices respecting the information we collect during your visit to the Site are explained in our Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued use of the Site implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to our collection, use and disclosure of your personal information and the content which you provide us through the Site and any social networking pages, such as Facebook, Twitter, Instagram and YouTube, in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.
The Site is intended for use by adults only. If you use the Site to purchase Products, you represent that you are of legal age to enter into any purchase agreement through the Site and become bound by its terms. The Company does not knowingly collect information from children under the age of 13.
The Terms and Conditions, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and the Company with respect to the use of the Site and any transaction conducted on or from the Site and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified, except in writing or by the Company making such amendments or modifications available to it pursuant to the Terms and Conditions hereof. Each time Dealer purchases Products through the Site it shall be deemed to be a separate transaction of purchase and sale that is subject to these Terms and Conditions. No supplement, modification or amendment to these Terms and Conditions proposed by you shall be binding on the Company unless agreed to by the Company in writing. Dealer expressly agrees that no additional term or condition included in any Dealer purchase order or other document issued by Dealer concerning the purchase of Products that is not agreed to in writing by the Company shall bind the Company.
"Products" shall mean any products identified on the Site available for purchase by Dealer.
Products which may be purchased from the Site are available for sale and distribution to customers in The United States only. The Company attempts to be as accurate as possible in describing all Products available for sale and/or distribution by the Company. However, the Company does not warrant that Product descriptions or other content of the Site are accurate, complete, reliable, current or error free. Please note that because the colours of the Products you see will depend on your monitor, the Company cannot guarantee that your monitor will display the exact actual colour of a Product displayed.
The availability of certain Products may be limited, and Products may not be available for immediate sale. The Company may revise or cease to make available any Products at any time without prior notice. In the event that the Company is unable to deliver to you a Product ordered due to lack of availability, the Company will notify you via e mail and your order may be automatically cancelled with respect to such unavailable Product, provided that the Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
Pricing listed on this Site is applicable only to you. "Suggested retail" prices referred to on this Site are mere suggestions only. You are under no obligation to accept these suggestions. All pricing is exclusive of and you agree to pay or reimburse the Company for all applicable taxes and duties, including, without limitation, sales tax, goods and services tax, withholding taxes and all other like or similar taxes and duties that are or may be imposed in connection with the charges applicable to the sale and delivery of Products, warranty services or other additional products or services in any connection with these Terms and Conditions.
All prices and Product orders are quoted and shall be processed in US dollars. Although the Company strives to provide accurate Product and pricing information, errors may occur. The Company reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. The Company cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the Site) is incorrect due to an error in pricing or product information, the Company may, at its sole discretion, refuse or cancel your order, whether before or after the Company's acceptance thereof. If there is such an error in pricing, the Company will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
Subject to these Terms and Conditions, Dealer may order Products on the Site.
Before submitting an order for the purchase of Products using the Site, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the "Place Order" button and checking the box indicating you agree with the terms), such order will constitute an offer from you to the Company to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on the Company until accepted by the Company. The Company's acceptance of your order is evidenced by return e mail from the Company indicating that your order has been accepted.
THE SITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
Consult your most recent price list of a given product line or contact your sales representative for your specific terms. All Dealers must be approved for credit by the Company (as determined by the Company in its sole discretion), the Company shall invoice Dealer upon shipping of Dealer order. If Dealer does not qualify for credit (as determined by the Company in its sole discretion), payment shall be made by credit card payment. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card and the Company's credit card processor. Any amounts due by a Dealer hereunder which remain unpaid on their due date shall bear interest from the due date to the date of payment at the rate specified on the Order Confirmation.
Dealer agrees that all Dealer registration and billing information and other information provided by Dealer to the Company may be used and disclosed by the Company to the extent required by the Company in order to process and fulfil Dealer Product orders. Dealer agrees to promptly notify the Company of any change to Dealer's address, electronic mail address and/or billing information. The Company is not responsible for the shipment of any Product or the sending of any notices or invoices issued under these Terms and Conditions to Dealer at contact information that is incorrect or out of date due to Dealer's failure to provide the Company with reasonable notice of applicable changes.
The Company will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation.
Delivery times provided by the Company are estimates only. The Company shall not be responsible for any damages or costs resulting from any delays in delivery.
All Product(s) purchased from the Company are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third party delivery company.
Prior to returning any Product to the Company in respect of a warranty claim Dealer must first review the terms and conditions of the warranty supplied with the Product. Dealer is solely responsible for the costs and expenses associated with any Product return, including shipping and transportation costs, in respect of any Products returned for warranty services that are ineligible under the terms of the applicable warranty.
Dealer agrees to inspect all Products of which it receives delivery hereunder immediately upon receipt (including by opening all cartons and shipping materials, as reasonably necessary to inspect). Any noticeable damage to any such Product / Product carton must be immediately reported to the Company (in any event within twenty-four (24) hours of receipt).
All Product returns are subject to the following terms and conditions:
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE SITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE COMPANY DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THE SITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS AND CONDITIONS, THE SITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THE SITE ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO (i) UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE AND THE CONTENT THEREOF, THE INFORMATION, MATERIALS AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THE TERMS AND CONDITIONS.BECAUSE CERTAIN FEDERAL OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
Access to the Site is by way of user name and confidential password that has been provided by the Company to Dealer for the sole and exclusive use of Dealer's authorized personnel. You agree to keep the user name and password that has been assigned to you by the Company strictly confidential and that you are solely responsible for any unauthorized use of the Site and purchases of Products made with your own username and password whether such use and purchases have been made with your knowledge or not, and that you have an obligation to notify us immediately if you know or suspect that your username or password has been compromised. The Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
Except as and to the extent required by law, Dealer will keep confidential the terms and conditions of these Terms and Conditions, including all Product pricing made available to Dealer.
Confidentiality and security of information over the Internet is not possible at this time. The Company cannot ensure the privacy and authenticity of any information or instructions you send to us or that we send to you over the Internet. The Company will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet or if we communicate such information to you at your request (the "Material").
Other than your account information and your information needed to process orders, the Company does not wish to receive Material from you that is confidential, secret or proprietary information.
You acknowledge and agree that any Material which you provide including, but not limited to, your ideas, suggestions, comments and other feedback regarding your use of the Site or the Products, is not, except as may be required under applicable law or pursuant to the Company's Privacy Policy, confidential, secret or proprietary.
You hereby acknowledge and agree that any or all information and Material provided by you to the Site may be included in a database owned by the Company in which we have rights and interests, including but not limited to, the compilation copyright, and we reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law. You, therefore, consent to the Company using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of the Company or the disclosure of your identity, in accordance with the Terms and Conditions and the Company's Privacy Policy.
For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the Site, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non exclusive, royalty free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by the Company of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that the Company is under no obligation to use any material or ideas submitted by you in any way whatsoever.
Furthermore, you acknowledge that unprotected e mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to the Company or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company other than pursuant to the Terms and Conditions. The Company shall not be responsible for the payment of any monies to any other party in connection with the Company's use of any information or material provided by you to the Company or the Site. You also represent and warrant that any and all such information or Material which you provide to the Company, whether provided by you electronically by accessing or using the Site or otherwise, and the Company's use of this information and Material so provided as permitted in the Terms and Conditions, does not infringe the rights of any other person or entity.
You consent to the Company using any of your Material, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing your Material for the commercial purposes of the Company, in accordance with the Company's Privacy Policy.
Material on the Site, including but not limited to texts, images, illustrations, articles, photographs, software, audio clips and video clips, is owned or otherwise provided by the Company, and the Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Site is protected in The United States and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. The Company is the owner of the copyright in the entire Site and, consequently, the material on the Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of the Company. Trademarks, logos and service marks (collectively, the "Marks") displayed on the Site are registered or unregistered Marks of the Company or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in the Site is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
You have no right to any resale of the Site or its contents; any collection of product listings, descriptions or prices; any other derivative use of the Site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the Site or any trademark, logo or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use of the Site and/or its contents terminates the permission or license granted by the Company.
Except as otherwise may be expressly provided herein, nothing contained in the Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Company or any other person or entity.
These Terms and Conditions in electronic document form, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all applicable statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You hereby consent to the exchange of information and documents between you and the Company over the Internet or by e mail, and you agree that the Terms and Conditions, together with any applicable Order Confirmation(s) accepted by the Company in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
Display of Products on this Site shall not constitute an irrevocable offer to sell and the Company retains the sole discretion to accept or reject any orders made through the Site by Dealer at any time and for any reason, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, the Company will issue a full refund. Previous purchases of Products shall not constitute the Company's agreement to continue to sell further Products to Dealer. The Company reserves the right to suspend, limit, restrict or terminate Dealer's access to the Site (or to change your user name and password) at any time and for any reason in its sole discretion. Any limitation on or termination by the Company of Dealer's access to the Site will be without prejudice to its other rights and remedies as may be available to the Company. The disclaimers, limitations on liability and all interpretative provisions shall survive any termination of these Terms and Conditions. Upon any termination or expiration of these Terms and Conditions, or upon the request of the Company at any time, you agree to cease accessing and using the Site and destroy your user name and password.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THE SITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM THE SITE, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE COMPANY'S CONTRACTORS, THE INTERNET BACKBONE, THIRD PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.
IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE SITE, IN NO CASE WILL THE COMPANY'S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN, IN THE AGGREGATE, THE LESSER OF $1000 OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS PURCHASED BY YOU AND TO WHICH THE CLAIM RELATES.
IF YOU ARE DISSATISFIED WITH THE TERMS AND CONDITION OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SITE.
CERTAIN FEDERAL OR PROVINCIAL LAWS MAY 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.
FOR THE PURPOSES OF THIS SECTION, "THE COMPANY" SHALL INCLUDE THE COMPANY, ITS DIVISIONS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES INCLUDING THEIR SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS, LICENSORS, LICENSEES AND THIRD-PARTY SUPPLIERS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
By using the Site you hereby agree to indemnify, defend and hold harmless the Company from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Company in connection with any claim arising out of, based upon or resulting from your use of the Site. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of the Company.
FOR THE PURPOSES OF THIS SECTION, "THE COMPANY" SHALL INCLUDE THE COMPANY, ITS DIVISIONS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES INCLUDING THEIR SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS, LICENSORS, LICENSEES AND THIRD-PARTY SUPPLIERS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
Dealer agrees that it is the only person entitled to enforce this Agreement with the Company or to claim damages against, or other relief from, the Company with respect to these Terms and Conditions. Without limiting the foregoing, Dealer agrees that it shall not grant any person the right to claim from the Company damages or other losses suffered by such person even where such other person is a beneficiary, directly or indirectly, of any of the rights or products granted or provided under Terms and Conditions.
The Company reserves the right to modify these Terms and Conditions at any time by posting amended Terms and Conditions on the Site. The first time you purchase Products on the Site after the Terms and Conditions have been amended you will be provided with notice that they have been changed and you will be required to indicate your agreement to such amendments. It is your responsibility to review these Terms and Conditions each time you purchase Products. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such Term or Condition or any other Term or Condition. All waivers by the Company must be in writing and signed by an authorized representative of the Company.
The Company may monitor the access to the Site (and any other of its websites) and other activities in relation to the Site (and any other of its websites) and may intervene in this regard. However, the Company makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if the Company ever decides to do it.
Links and references to other websites are provided to you as a convenience only. The Company has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to the Site, except if expressly permitted by the Company. To obtain such permission, please contact us here.
The Company may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue the Site or any aspect of it, including but not limited to any Site content, features or hours of availability and Company will not be liable to you or any third party for doing so. The Company may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or liability. All rights not expressly granted in the Terms and Conditions are reserved to the Company.
If, by reason of Force Majeure, the Company is delayed or unable, in whole or in part, to perform or comply with any of its obligations under these Terms and Conditions, then it shall be relieved of liability and shall suffer no prejudice for failing to perform to the extent that the inability was caused by Force Majeure. In the event of a Force Majeure, the Company shall use commercially reasonable efforts to remedy the situation and remove the cause of its inability to perform. "Force Majeure" means any event beyond the reasonable control of the Company, including an event of: fire, flood, earthquake, element of nature or act of God; third party failures or delays; Internet and/or telecommunications disruptions or failures; acts of war, terrorism, rebellions or revolutions in Canada; riots, civil disorders or disobedience; acts of vandalism or other unlawful acts; or any other similar events.
This Site is administered by the Company from its offices in Montreal, Canada and the Terms and Conditions, the Site, any use of the Site and any transaction conducted on or from it shall be governed by the laws of the Province of Québec and the laws of Canada applicable therein without reference to principles of conflict of laws. You acknowledge and agree that the purchase and sale of Products through your use of the Site and all of the communications, transmissions and transactions associated with the Site shall be deemed to have occurred in the Province of Québec and you and the Company each hereby irrevocably submit to the non-exclusive jurisdiction of the courts of the Province of Québec as the proper and most convenient forum for any dispute arising out of or relating to your use of the Site and these Terms and Conditions.
If, in any jurisdiction, any of these Terms and Conditions are held to be unenforceable by a court of competent jurisdiction, such Terms and Conditions shall be restricted or eliminated to the minimum extent necessary and the remaining Terms and Conditions shall otherwise remain in full force and effect.
The Company makes no representation that materials, information or Products provided on or through the Site are appropriate or available for use in other locations or jurisdictions than the United States. Those who choose to access the Site from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions may be assigned in whole or in part by the Company at any time in its discretion. These Terms and Conditions may not be assigned by Dealer.
The Terms and Conditions shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
The failure of the Company to enforce any provisions of the Terms and Conditions or to respond to a breach or default by you or any third party of the Terms and Conditions shall not in any way waive the right of the Company to subsequently enforce any of the Terms and Conditions contained herein or to act with respect to similar breaches or defaults.
Dealer hereby authorizes the Company to deliver any and all communications, including but not limited to Product, pricing, invoicing, and payment information to Dealer's electronic mail address or mailing address (that in each case was specified by Dealer during the registration process on the Site) at the Company's discretion and by any means including electronic mail. All electronic communication shall be deemed to have been received on the date sent (or the next business day if sent after business hours) unless the Company receives notification of a delivery failure.
The Company reserves the right, at its sole discretion, to terminate your access to all or any part of the Site, with or without notice.
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms and Conditions herein.
If you have any questions or concerns you may contact us by email at support@kmconline.com.
Welcome to our website www.kmconline.com operated by KMC Music, a division of JAM Industries Limited (the "Company"). We value our customers and respect your privacy and we recognize that we must maintain and use your personal information responsibly. We have created this privacy policy (the "Policy") to demonstrate our firm commitment to your privacy and security, and to advise you about the collection, use and disclosure of personal information provided in store, by mail or on the Site. The Policy also provides you the ability to "opt out" of providing personal information that you do not wish to provide, and to access, change, or remove any personal information already collected. The Company will not collect, use or disclose your personal information other than in compliance with the Policy.
The terms "we", "us", and "our" used in the Policy refer, collectively, to the Company, its divisions, affiliates, subsidiaries and related companies including their successors and assigns, and their respective directors, officers, owners, employees, agents, mandataries, contractors, licensors, licensees and third-party suppliers (collectively, the "Company Affiliates").
Our Privacy Policy has been designed to comply with Canada's Personal Information Protection and Electronic Documents Act, the California Consumer Privacy Act ("CCPA"), and other applicable federal, state and provincial privacy laws relating to the protection of Personal Information.
By providing any personal information acquired during visitors' and customers' visits to the Site and/or by accessing and using the Site or the Company microsites used in connection with contest and promotional offers, you hereby agree to all of the terms and conditions of the Policy and consent to the collection, use and disclosure of your personal information as described in the Policy. You are responsible for ensuring that your access to the Site and material available on or through it is legal in each jurisdiction in or through which you access or view the Site or such material. BY ACCESSING OR USING THIS WEBSITE, YOU HEREBY AGREE TO THE TERMS OF THIS PRIVACY POLICY AND CONSENT TO THE COLLECTION AND USE OF INFORMATION AS DISCUSSED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THIS WEBSITE.
If we decide to change the Policy, we will post these changes on the Site so that you can be updated as to what information we gather, how that information may be used and whether (and how) it may be disclosed to any third parties. Following the posting of such changes, you will be bound by such changes unless you advise us in writing, by phone or by e mail that you wish to withdraw your consent (as per the procedure outlined below). You are responsible for regularly reviewing the Policy and any changes thereto.
Any time you place an order, complete a ballot, or introduce or post any text, image, video, audio, or any information, content or other materials through the Site or any other Company website including any of the Company's social networking websites and web pages such as Facebook, Twitter, Instagram or YouTube or otherwise provide personal information to the Company (including via mail or e mail in regular correspondence), it is collected, used and disclosed by the Company for various purposes as described herein. Moreover, every time you visit the Site, the following information may automatically be obtained and compiled: your internet protocol (IP) address and the domain name registry information associated with that IP address; identification of your internet browser, operating system and hardware platform you are using; the date and time of your visit; the name and address (URL) of the web page you viewed immediately prior to accessing the Site; your entire query (if any) that was entered into a search engine which led you to the Site; and any other "click stream", the pages you visit on this Site, the website you visit after this Site, the ads you see or click on, other information about the type of web browser, computer, platform, related software and settings you are using, any search terms you have entered on this Site or a referral website, and other web usage activity and data logged by our web servers. The Company may also use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our Site. The Company may also link this information with your personally identifiable information when the Company feels that it is necessary to enforce compliance with its rules and policies, terms of service, or to protect its website, customers or others. This information may be stored in our log files. Occasionally, if your browser is not configured to prevent disclosure of such information, the following information may also be revealed: your name, e mail address, home and work addresses, telephone and fax numbers and any plain text commentary.
Additionally, the complete record of your actions at the Site, including all pages visited, the time spent on each page, the information sent or received and the names of all files uploaded or downloaded is collected. This tracking information may be compiled by us in the aggregate and made available to third parties primarily to identify demographic data regarding our customers.
As previously stipulated, we will also collect personal information from you that you voluntarily share with us, by making an order, completing an entry form to participate in a contest, ballot, promotion or survey, by signing up for our newsletter (if any), by communicating with us by telephone, e mail or otherwise, by setting up a user account and password, logging in as a registered user of the Site and providing information in your account(s), or by introducing or posting any text, image, video, audio, or any information, content or other materials through any of the Company's social networking websites and web pages such as Facebook, Twitter, Instagram or YouTube. As a result of these actions, you might supply us with personal information, such as your name, date of birth, e mail and postal addresses, telephone number(s), credit card information, product interest information and financial information and in certain circumstances, your comments, suggestions, ideas, opinions and individual preferences. We may also maintain a record of your product interests and acquire information about you from other present and future Company Affiliates.
In order to better serve you, we may combine information you give us online, by telephone or in writing about your product interests. We may also combine these with readily available demographic information in order to enable us to communicate with you, by telephone (including by way of automated dialing answering device), e mail, mail or otherwise, about our products, services, surveys, promotions, special offers, and contests. We also collect this information in order to:
For example, we may use your personal information to complete purchases and returns. We may also use personal information to contact a purchaser when necessary, such as when a delivery may be delayed or when a product is out of stock or to complete fraud checks. In addition, the Company uses personal information to notify its customers about products or services, promotions and special offers in which we believe they may be interested.
We may also request additional information, such as annual income, buying preferences, or age, also known as demographic and profile data, though this information is optional and never required for you to place an order or make a purchase. If you provide the additional information, we may use this data to improve the Site and enhance your shopping experience.
We also use information collected from the Site to measure interest in the various areas of the Site, to ensure that links on the Site facilitate easy navigation and to help make the Site more interesting and informative. Except as described in the Policy, any personal information that we disclose to third parties is done in the aggregate on a non personally identifiable basis and is used primarily to identify demographic data regarding our customers.
You acknowledge and agree that the Company shall also have the right to incorporate, use and reproduce any text, image, video, audio, or any information, content or other materials you provide through the Site by e mail or post through the Company's social networking websites and web pages such as Facebook, Twitter, Instagram or YouTube, in whole or in part, in connection with the marketing and promotion of the Company's business. You always have the right to revoke such consent in the manner described in the section "How do I exercise my choices about the collection, use and disclosure of my personal information?" below.
We will not disclose your personal information to any non affiliated third party without your prior consent, other than as provided below:
You always have the right to direct us not to share your information with third parties (see "How do I exercise my choices about the collection, use and disclosure of my personal information?" below). With regard to the collection and disclosure of aggregate information however, please note that you will not be able to "opt out" as this information simply reflects statistical analysis of various aspects of the Site usage and does not include personally identifiable information.
Cookies are small data files that a website stores on your computer's hard drive or in random access memory when you are viewing the website. They keep a record of your preferences, making your subsequent visits to the Site more efficient. In certain cases, this information is only kept during the session and is deleted when you close your browser. In other cases, the information is stored on your hard drive and, upon your next visit to the Site, the cookies are used to recall such information. Cookies may store a variety of information, including, a unique user ID that can be used to track the pages of the Site you have visited and the number of times that you view a particular page or other item on the Site, login or registration information, your preferences and your purchase history, where available.
No personal information is transmitted via cookies. Cookies, by themselves, cannot be used to reveal or discover the identity of the individual user; your acceptance of our cookies will not compromise your anonymity while using the Site.
We use cookies in order to improve the online experience of users of the Site. Your cookies help us keep track of your interests and, if you are a registered customer, your cookies allow us to recognize you when you return to the Site. If you register on the Site, your cookies also help us to monitor and maintain information about your use of the Site. If you have not registered with us, your cookies may be used in order to monitor and maintain non personally identifiable information about your use of the Site.
The use of cookies is a common practice adopted by most major websites to better serve their clients. Most internet browsers are designed to accept cookies, but they can be easily modified to warn you each time a cookie is being sent or to block all cookies. This is done through your browser settings; see your browser's help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the Site's functions will not be available, and you will lose some of the benefits of the Site as, amongst other things, we will not recognize you as a past visitor or a registered user.
Composite tracking information generated by cookies may be shared with third parties for the purpose of documenting Site activity, traffic accounting, content analysis and other trends. Statistical information is not linked to any personal information and cannot identify any individual user of the Site.
"Web beacons", also sometimes called "pixel tags", are small strings of code placed on a Web page or in an e mail message for the purpose of transferring data.
We and the online marketing company or companies that we use to help manage our Internet business and communications employ cookies and Web beacons placed on the Site's pages to deliver our ads, to measure the effectiveness of our advertising, including our e mail promotions, and to learn how visitors use the Site. The ad serving technology uses non personal information about your visits to the Site and the sites upon which we advertise to serve our ads to you. In the course of delivering our advertisements, a unique third party cookie may be placed or recognized on your browser. The Web beacons used in conjunction with this third party ad cookie enable our ad server to recognize a browser's cookie when a browser visits the Site and to learn which banner ads bring visitors to the Site. If you do not want your non personal information to be used to serve ads to you, please click here and click on the ["AD COOKIE OPT OUT" icon].
"Phishing" is a scam designed to steal your personal information. If you have doubts about an email you receive from us, please contact us at support@kmconline.com.
We would like your consent to collect, use and share your personal information for the purposes and in the manner described herein, including in order to contact you and provide you with promotional communications. Nonetheless, we want you to know that you have choices and can refuse or withdraw your consent as described below.
You have the choice simply not to submit any personal information to us, however this may limit our ability to serve you as it may prevent you from purchasing items from the Site or participating in our contests. You may also choose only to submit information constituting required fields when making purchases or completing contest entries. In addition, you may choose to limit how we use your personal information by not allowing us to share such information with third parties by e mailing us at the contact link below.
In the event that you have already consented to the collection, use and/or disclosure of your personal information, you may subsequently "opt out" at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our privacy officer as described in the section entitled "Contacting us" below, or by following the "opt out" instructions provided in the promotional materials sent to you. Our privacy officer will also be able to provide you with more information regarding the implications of withdrawing consent.
In respect of requests not to receive promotional communications from us, please be sure to include your full name, address, telephone number and any e mail address you used when you signed up or entered a contest on the Site, registered with or made a purchase from us. It may take up to ten (10) business days to process your request, during which period you may continue to receive communications from the Company or the Company Affiliates. If you prefer not to receive promotional information from the Company, please follow the unsubscribe instructions set out in the Policy or in the respective privacy policies and/or communications of the Company Affiliates.
You are entitled to request access to, and, if necessary, correct your personal information collected by us. In order to make such a request, please contact our privacy officer in writing (see "Contacting us" below).
THE COMPANY WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO REMOVE ANY OF YOUR PERSONAL INFORMATION FROM OUR DATABASE WITHIN A REASONABLE PERIOD OF TIME PURSUANT TO A WRITTEN REQUEST FROM YOU. IN THE EVENT SUCH REQUEST IS SENT BY E MAIL, PLEASE IDENTIFY YOUR FULL NAME AND PLEASE TYPE "REMOVE REGISTRANT" IN THE SUBJECT LINE OF YOUR E MAIL.
You can also contact our privacy officer for any questions about or to make any complaint in relation to the Policy, as well as to the Company's privacy practices in general (see the "Contacting us" section below).
We will keep your personal information only as long as is reasonably necessary for the purposes described in the Policy or such longer period as may be required by applicable law.
We take great care in trying to maintain the security of personal information we have collected. We have adopted physical and technological processes and procedures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. Furthermore, each and every Company employee, mandatary or agent must abide by the Policy. Although we do not take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data, we take reasonable precautions to prevent such occurrences. The Company uses industry standards, such as Secure Socket Layers ("SSL") technology, to help safeguard against such occurrences. In certain instances, the information passed between your browser and the Company system is encrypted with SSL technology to create a protected connection between you and this Site to ensure confidentiality. In the event that a breach into the Company security systems occurs and there is a possibility that an unauthorized person acquires your personal information, the Company will notify you of such a breach under applicable law.
WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.
In light of the importance of protecting children's privacy, we do not intend the Site for child audiences, and we do not seek to purposely collect, process or use on the Site any information relating to an individual whom we know to be under 13 years old without the prior, verifiable consent of his or her parent or other legal representative. If a parent or guardian discovers that his or her child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. In such a case we ask that the parent or guardian of the child contact us at the contact information provided in the "Contacting Us" section below for such purpose.
THE SITE MAY CONTAIN LINKS TO OTHER WEBSITES THAT ARE NOT OPERATED BY THE COMPANY. THE POLICY DOES NOT APPLY TO THE PRACTICES OF THIRD PARTIES AND THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD PARTY PRACTICES OR FOR THE PRIVACY PRACTICES OF THE WEBSITES THAT IT DOES NOT OPERATE. BY USING THE SITE AND/OR ACCESSING A THIRD PARTY'S WEBSITE FROM THE SITE, YOU RELEASE THE COMPANY OF ANY RESPONSIBILITY FOR THE ACTIONS, PRACTICES AND OMISSIONS OF THIRD PARTIES. BY CLICKING ON ANY HYPERLINKS TO OTHER WEBSITES FROM THE SITE, YOU MAY AUTOMATICALLY SUBMIT TO THE PRIVACY PRACTICES OF THOSE WEBSITES. PLEASE CHECK THE PRIVACY POLICIES OF THESE THIRD PARTY WEBSITES. IN NO EVENT SHALL THE COMPANY OR ANY COMPANY AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE MISUSE OF PERSONAL INFORMATION BY THOSE WEBSITES.
This section describes the rights you have under the CCPA if you are a consumer residing in California.
The categories of personal information we collect about California consumers (and that we may have collected in the last twelve months) and the purposes for which we collect this personal information are listed, respectively, in sections entitled "Information We Collect" and "How We Use Your Information" of this Privacy Policy. We do not sell your personal information. We may disclose all personal Information we collect for business purposes to service providers (and may have done so in the last twelve months), as further detailed in the section entitled "To Whom May My Personal Information Be Disclosed" of this Privacy Policy.
a. Request to Know about the Personal Information we have Collected and Disclosed
Once every 12 months, you may submit a verifiable request that we disclose the following information to you:
b. Request to Know about the Personal Information we have Collected and Disclosed
c. Methods for Exercising your Rights and Verification of your Identity
d. Non-Discrimination Right
We will not, because you have exercised any of the rights detailed in this Section 15, "deny you any goods or services, charge different prices or rates for goods or services, or provide you with a different level or quality of goods or services."
If you have any questions or concerns regarding this Privacy Policy, please contact us at:
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