Terms and Conditions
Here’s the Short version of this page.
We are going to do our best make sure you get good information, at a fair price, that will help you in your business and your life.
We will protect your information as we do our own, treat you with respect and care, and will do our best to be of the most service we can be for you.
Now, if you want the rest of the Legal “eze” (definitely not “ease”)…
Read on friend, read on.
Definitions: Music For Maternity People = Anyone who works with or is associated with Music For Maternity.com
EARNINGS AND MEDICAL DISCLAIMER:
It’s impossible for us or anyone to fully predict your results. As a result, we make no claims or guarantees as to the success you will actually have. Look, we’re not you, and we have got no idea whether you will actually DO any of the things that are recommended in “Music For Maternity” The people who have used this information have changed their lives for the better, but we disclaim any responsibility for the applicability of the product(s) to your particular situation. From a health perspective, Jonathan Kraft is a Certified Massage Therapist, not a medical doctor, and as such, has been advised to let people know that massage therapists don’t diagnose, treat, or prescribe anything relating to medical conditions. Use this, or any product, at your own risk. By using this product(s) , and the suggestions made therein, you agree that your recourse for any and all claims related to your use of this product, whether positive or negative, is a refund of money you have spent with us, within the terms of our guarantee. If you have not spent any money with us, your recourse is to dispose of the material you received from us in any way you deem fit (including, but not limited to: driving over it with a tank, flushing it down the toilet, burning it in effigy, stomping on it, etc. etc. etc.)
Terms and Conditions of Use
Please read these terms and conditions carefully. By accessing (visiting or using) this website you are indicating that you have read, acknowledge and agree to be bound by these terms and conditions (also referred to as an “agreement” here). Your agreement shown by accessing and using this website is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, do not access this website. Music For Maternity.com and its affiliates (referred to as “Music For Maternity” or “us” or “we”) may change these terms and conditions, and you are responsible for regularly reviewing and complying with them. Your continued use of this website constitutes your agreement to all those terms and conditions.
PLEASE NOTE that this agreement contains important sections below, including a provision requiring you to litigate all disputes relating to your use of this website in Parker, Colorado.
General Information
This website comprises various websites and pages operated by Music For Maternity and the information contained therein (together, the “website”). Certain sections of the website may contain separate terms and conditions, which are in addition to this agreement. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages. We may terminate your access to the website or any part of it at any time with or without notice, in our sole discretion. You may not attempt to gain unauthorized access to the website, or computer systems or networks connected to the website, through hacking, password or data mining, or any other means to circumvent security procedure. You may not use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the website and then only as authorized by the license we provide to you below under “Proprietary Rights”. Unauthorized use of our website and systems, including, but not limited to, unauthorized entry into Music For Maternity’s computer networks and systems, or misuse of password is strictly prohibited. “Unauthorized use” includes using the publicly available information for purposes which are (I) not authorized by this agreement, or (II) not consistent with the license set out below in the section titled “Proprietary Rights”.
You may not use the website in any manner that could damage, disable, overburden, or impair the website or any service we provide or interfere with any other party’s use and enjoyment of the website or any service we provide. You are to ensure that any information you provide to us through the website will be correct and complete. The information and materials on the website may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the website and to suspend or deny access to the website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.
Disclaimers of Warranty
THE INFORMATION, PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS AND ARE USED ONLY AT YOUR SOLE RISK. WE AND OUR AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF ERROR-FREE OR UNINTERRUPTED SERVICES, OR THAT THE INFORMATION ON THIS WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU, INCLUDING REGARDING (I) THE USE OF OR THE RESULTS OF ACCESS TO THE WEBSITE OR ANY DELAY OR LOSS OF OR LIMIT ON ACCESS TO OR USE OF THE WEBSITE, OR (II) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE WEBSITE. WE SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION THROUGH THE WEBSITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY. EXCEPT AS OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR INTERNET ACCESS PROVIDER. Limitations of Liability: Music For Maternity AND ITS AGENTS AND LICENSORS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES OR LOST PROFITS OR SAVINGS OR OTHER ECONOMIC HARM YOU MAY INCUR OR SUFFER (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) FROM (I) YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY RELIANCE BY YOU ON THE WEBSITE, OR INABILITY TO ACCESS THE WEBSITE, (II) THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, (III) ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION OR ANY PART OF THE WEBSITE, (IV) THE INTERCEPTION OR USE BY THIRD PARTIES OF ANY INFORMATION YOU PROVIDE TO US, OR (V) ANY OTHER REASON. IN ANY EVENT OUR COMPLETE LIABILITY (AND THAT OF ANY OF OUR AGENTS OR LICENSORS) TO YOU FOR ANY REASON IN NO EVENT CUMULATIVELY SHALL TOTAL MORE THAN $100.00.
Notices
Our notices to you may include notice of important changes to this agreement. We will not send notice, but will notify you by making changes to this page of our web site. Proprietary Rights: All right, title and interest in the website is the exclusive property of Music For Maternity, except as otherwise stated. You may not access, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any part of the website, except for the purposes expressly provided herein, without our prior written approval. If you download any information or software from the website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You have a limited, personal, non-transferable, non-exclusive license to view and copy the publicly accessible information on this website for your personal noncommercial use, and only on one computer. You are not permitted to resell or transfer any information obtained from this website to anyone else. This license can be terminated by us at any time, at which time you must destroy all copies of the licensed materials. This license is conditioned on your continued adherence to all the terms of this agreement. Music For Maternity, the Music For Maternity logo and other Music For Maternity trademarks which appear on the website are trade names and trademarks of Music For Maternity. Music For Maternity.com and Music For Maternity are trade names. The names of other actual companies and third-party products or services mentioned herein are the trade names or trademarks of their owners. You may not use any trademarks for any purpose including, but not limited to, use as metatags on other sites on the World Wide Web without the prior written permission of Music For Maternity or the third party which owns the marks. Music For Maternity respects the intellectual property of others and asks that our users do the same. It is the policy of Music For Maternity to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you believe that your copyrighted work is accessible on the website in a way that constitutes copyright infringement, you may notify us by providing our Copyright Agent with the following information: 1) the electronic or physical signature of the owner of the copyright or of the person authorized to act on the owner’s behalf; 2) identification of the copyrighted work or other intellectual property that you claim is being infringed; 3) identification of the material that you claim is infringing; 4) identification of the URL or other specific location on the website where the material that you claim is infringing is located (please be as specific as possible); 5) your name, address, telephone number, and email address; 6) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 7) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Use of Links
The website may contain links to and be linked from third-party websites. These links are provided only as a convenience and do not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Music For Maternity of any information contained in any third-party website. We are not responsible for the information contained on that site or your use of or inability to use the website. If you choose to connect to a third-party website, Music For Maternity makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does Music For Maternity warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. You should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of our website.
No Solicitation
The information on the website is made available for informational purposes only. None of the information contained in the website constitutes a solicitation or offer by Music For Maternity to buy or sell any securities or other financial instruments or provide any investment advice. The information on the website is limited to the dissemination of general information regarding products and services. The information and services provided on the website are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Music For Maternity is not authorized to provide such information or services. Some products and services described in the website may not be available in all jurisdictions or to all clients.
Privacy
Music For Maternity respects your privacy. See the Privacy Policy for an important description of the information, including your personal information, we collect from you, and what we do with it. Your agreement to these terms and conditions includes an agreement to our privacy policy.
Indemnification
You hereby indemnify and hold harmless Music For Maternity and its directors, officers, employees, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorney’s and experts’ fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the website; (ii) any breach by you of any agreements, or representations and warranties contained in these terms and conditions, (iii) any access to or use of the website by you in violation of any rights of Music For Maternity or any third party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the website by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the website to any computer system.
Full and Complete Agreement Regarding Website
These terms and conditions represent the complete and exclusive statement of the agreement between you and us regarding your rights to access and use the website, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, except as is otherwise provided herein. This agreement is in addition to, and does not nullify, any other agreement between you and Music For Maternity governing the conduct of your relationship with Music For Maternity.
Other Terms
No waiver, modification or amendment of any of these terms and conditions shall be effective against Music For Maternity unless it is in writing and signed by an authorized official of Music For Maternity. We do not waive any power or right under this agreement even if we don’t always insist on strict compliance with any of these terms and conditions, or if we delay or fail to exercise any power or right given to us in this agreement.
All rights and remedies given to Music For Maternity in these terms and conditions are cumulative and not exclusive of any other rights or remedies which Music For Maternity otherwise has at law or equity. These terms and conditions shall be binding upon you and your executors, heirs, successors and assigns. These terms and conditions and your rights and obligations hereunder may not be assigned by you without the prior written permission of Music For Maternity and shall inure to the benefit of Music For Maternity’s successors and assigns whether by merger, consolidation or otherwise. Music For Maternity may assign this agreement or any of its rights or obligations under these terms and conditions. Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. A printed version of these terms and conditions shall be admissible in judicial or administrative proceedings. Choice of Law and Personal Jurisdiction; Jury Trial. This website is created and controlled by us in the State of Colorado, U.S.A. The laws of the State of Colorado govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF DENVER, STATE OF COLORADO AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Privacy Policy
This is the Music For Maternity web site of Music For Maternity.com.
Our postal address is
16339 Goldenrod Way
Parker, CO 80134
Music For Maternity People can be reached via e-mail at j kraft (at) Strive 4 Impact.com (replace (at) with the @ symbol, and remove the spaces) or you can reach us by telephone at 303 847 0589
For each visitor to our Music For Maternity web page, our Music For Maternity web server automatically recognizes the consumer’s domain name and e-mail address (where possible).
Music For Maternity People collect the domain name and e-mail address (where possible) of visitors to our Music For Maternity web page, the e-mail addresses of those who post messages to our bulletin board, the e-mail addresses of those who communicate with us via e-mail, the e-mail addresses of those who make postings to our chat areas, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations, name and address, telephone number, fax number, payment information (e.g., credit card number and billing address).
The information Music For Maternity People collect is used to improve the content of our Music For Maternity web page, used to customize the content and/or layout of our page for each individual visitor, used to notify consumers about updates to our Music For Maternity web site, shared with other reputable organizations to help them contact consumers for marketing purposes, used by us to contact consumers for marketing purposes.
With respect to cookies: Music For Maternity People use cookies to store visitors preferences, record session information, such as items that consumers add to their shopping cart, record user-specific information on what pages users access or visit, alert visitors to new areas that Music For Maternity People think might be of interest to them when they return to our site, record past activity at a site in order to provide better service when visitors return to our site , ensure that visitors are not repeatedly sent the same banner ads, customize Music For Maternity web page content based on visitors’ browser type or other information that the visitor sends.
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address.
From time to time, Music For Maternity People make the e-mail addresses of those who access our site available to other reputable organizations whose products or services Music For Maternity People think you might find interesting. If you do not want us to share your e-mail address with other companies or organizations, please let us know by calling us at the number provided above.
From time to time, Music For Maternity People make our customer e-mail list available to other reputable organizations whose products or services Music For Maternity People think you might find interesting. If you do not want us to share your e-mail address with other companies or organizations, please let us know by calling us at the number provided above.
If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by calling us at the number provided above.
You may receive mailings from other reputable companies. You can, however, have your name put on our do-not-share list by calling us at the number provided above.
Please provide us with your exact name and address. Music For Maternity People will be sure your name is removed from the list Music For Maternity People share with other organizations
Persons who supply us with their telephone numbers on-line may receive telephone contact from us with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know by sending us e-mail at the above address.
Persons who supply us with their telephone numbers on-line may receive telephone contact from other reputable companies. You can, however, have your name put on our do-not-share list by sending us e-mail at the above address.
Please provide us with your name and phone number. Music For Maternity People will be sure your name is removed from the list Music For Maternity People share with other organizations.
With respect to Ad Servers: To try and bring you offers that are of interest to you, Music For Maternity People have relationships with other companies that Music For Maternity People allow to place ads on our Music For Maternity web pages. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and clickstream information. For further information, consult the privacy policies of:
www.cj.com
www.linkshare.com
www.shareasale.com
www.google.com
From time to time, Music For Maternity People may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future Music For Maternity People will post the policy changes to our Music For Maternity web site to notify you of these changes and Music For Maternity People will use for these new purposes only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should check back at our Music For Maternity web site periodically.
Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address.
Upon request Music For Maternity People provide site visitors with access to financial information (e.g., credit card account information) that Music For Maternity People maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that Music For Maternity People maintain about them, communications that the consumer/visitor has directed to our site (e.g., e-mails, customer inquiries, contact information (e.g., name, address, phone number) that Music For Maternity People maintain about them, a description of information that Music For Maternity People maintain about them.
Consumers can access this information by e-mail us at the above address.
Consumers can have this information corrected by sending us e-mail at the above address.
With respect to security: Music For Maternity People have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that Music For Maternity People have collected from you at our site.
If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number, The DMA’s Committee on Ethical Business Practices at [email protected].