Welcome to AJ’s Music & The Music Man!
We are glad you have chosen to visit AJsMusic.ca. These AJ’s Music Terms of Use are entered into by and between you (acting in your capacity as an employee or other representative of your company or other entity, if applicable) (“you”) and AJ’s Music & The Music Man, the owner of the Site AJsMusic.ca and our affiliates (“AJ’s Music,” “we,” “us” or “our”). The following terms of use, together with any documents they expressly incorporate by including the Privacy Policy. (collectively, this “Agreement”), govern your access to and use of our website, including any content, functionality, and services on or provided in connection with our website, available at AJsMusic.ca (the “Site”). Please read this Agreement carefully before you start to use the Site. By using the Site or by clicking to accept and agree to this Agreement, you accept and agree to be bound by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Site.
You acknowledge that this Agreement contains legally binding terms and conditions that affect your legal rights and remedies.
Changes to These Terms
We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Agreement on the Site or by any other reasonable means. You can review the most current version of this Agreement at any time . The version of the Agreement in effect at the time of your use of the Site applies. The updated Agreement is binding on you with respect to your use of the Site on or after the date indicated in the updated Agreement. If you do not agree to the updated Agreement, you must stop using the Site. Your continued use of the site after the date of the updated Agreement will constitute your acceptance of the updated Agreement.
Intellectual Property Rights
The Site (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement of those things), and associated know-how, are owned by us, our licensors, or other providers and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (“Site IP”). We retain all right, title, and interest in and to the Site IP. This Agreement contains no implied licenses. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of our Site without our prior written consent. You do not acquire ownership to the Site IP, including rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Our marks, such as “AJ’s Music & The Music Man,” our service marks, registered service marks or trademarks. Graphics, logos, or other marks included or made available through the Site are trademarks or trade dress. Other logos, brands, product and company names mentioned on the Site may be the property of their respective owners.
Errors, Corrections and Changes
We may make changes to the pricing, features, functionality or content of the Site at any time without notice to you. We do not represent or warrant that the product information, pricing, or other information available on or through the Site will be correct, accurate, timely or otherwise reliable. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We reserve the right in our sole discretion to edit or delete any documents, information, prices or other content appearing on the Site, including but not limited to the right to cancel, suspend, terminate, delay, or delist any content published on the Site (without providing any explanation).
We reserve the right to cancel any order for any reason at any time.
Linking to the Site
You may provide links to the Site, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or obscene activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Registration
You are responsible for your use of the Site, and any use of the Site made using your account. Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit any person other than you to (a) use the registered account under your name; or (b) access private portions of the Site using your account. You are responsible for preventing such unauthorized use. Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or documents is not transferable or assignable. You acknowledge we may establish policies and practices concerning use of the Site, including policies that may delete or remove content or data, terminate inactive accounts, and any other policies and practices in our business interest. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice. We reserve the right to refuse access to the Site, or terminate the account of any user, in our sole discretion and for any reason or no reason at all.
You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of account security.
Third Party Content
The Site may contain links to other sites or resources provided by third parties or otherwise integrates such third-party resources (collectively, “Third Party Content”), Third Party Content is provided for your convenience only. We have no control over the contents of the Third Party Content, and WE ACCEPT NO RESPONSIBILITY FOR THE THIRD PARTY CONTENT OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THE THIRD PARTY CONTENT. If you access any such Third Party Content, you do so entirely at your own risk and are subject to the terms and conditions for such Third Party Content.
We are under no obligation, to review, screen, or inspect any Third Party Content on the Site, including information and press releases about us or other businesses and sellers. We reserve the right to remove Third Party Content at our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Content.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in connection with the Site, including all remarks, suggestions, ideas, graphics, or other information (collectively, a ”Submission”). You acknowledge and agree that none of your Submission shall be treated as confidential. You acknowledge that you are responsible for your Submission, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You grant AJ’s Music a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, database rights, and any other rights necessary to effectuate our ability to use your Submission or any other person providing the Submission on your behalf. By posting your Submission on our Site, it is possible for an outside website or a third party to re-post or index that Submission. You agree to indemnify and hold us harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to post an image on the Site on another website, you must provide a link to its listing page on our Site.
Purchases on the Site
Additional terms and conditions apply to purchases of goods or services on the Site, all of which are incorporated into this Agreement by reference and you agree to abide by such other terms and conditions. If there is a conflict between these AJ’s Music & The Music Man Terms of Use and the additional terms and conditions, the additional terms and conditions shall control only with respect to the subject matter of the additional terms and conditions
The following terms govern and apply if you make a purchase of goods or services on the Site:
- Ordering Information
- Returns & Exchanges
- Shipping and Delivery Options
- Gear Exchange Terms of Sale Agreement
Payments
You represent and warrant that if you are purchasing goods or services through our Site that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Taxes
Purchased goods or services may be subject to applicable taxes in your jurisdiction, which we will collect from you on behalf of sellers, including AJ’s Music & The Music Man and third-party sellers, where obligated to do so. In the event taxes are collected and we are legally obligated to do so, we will remit such taxes to applicable taxing authorities on behalf of sellers. Note that taxes are not included in the listed price for goods or services, but, before confirmation of the purchase, an estimate thereof may be displayed before confirmation of purchase. Taxes may be estimated based on offers made on goods but are subject to change if final sale price is different than original offer. Tax estimates are based on several factors, including price, location, and province/state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale, you are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where we do not charge any taxes, or all applicable taxes, from buyers.
Payment Commitment
When you pay through the payment portal, you commit to completing the order and communicating any order issues through the website as soon as possible. If you file a dispute with your financial institution, transactions on the Site will be paused until the dispute is resolved. The balance must be paid before any new purchases can be made. Support for transactions on the Site will be paused until payment has been collected.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. Even though we are not obligated to, in our sole discretion, we will use reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take action where appropriate. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide our Copyright Agent the following information: (a) an electronic or physical signature assuring you are the intellectual property owner or are authorized to act on behalf of the owner; (b) a description of the work that you claim has been infringed; (c) a description of the material you claim is infringing and where it is located on the Site; (d) your contact information, such as address, telephone number, and email address; and (e) a statement by you that you have a good faith belief that the disputed use is not authorized and the reason why you believe such use is not authorized.
If your work is removed due to infringement and you believe it is not infringing, please provide our Copyright Agent with (a) confirmation you are the intellectual property owner, or authorized to represent the owner; (b) description of the removed content; (c) statement of good faith regarding ownership of the intellectual property; (d) your contact information, such as address, telephone number, and email address; (e) your consent to the exclusive jurisdiction of any federal or provinical courts located in the Niagara region, Ontario; and (f) statement to accept service of process regarding the alleged infringement or violation of intellectual property laws.
Our Copyright Agent can be reached using our contact form or through mail: AJ’s Music support.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license to (a) access and use the Site strictly in accordance with this Agreement; (b) use the Site solely for internal, personal, non-commercial purposes; and (c) print out discrete information from the Site solely for internal, personal, non-commercial purposes provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Representations and Warranties
You represent and warrant that (a) you are not a minor (under the age of majority in your state or province of residence); (b) you have full power and authority to enter into this Agreement; (c) you are not located in, under the control of, or a national or resident of any country subject to sanctions by Canada; (d) you have not been placed on the Department of Commerce’s Denied Persons List; (e) you are not identified as a “Specially Designated National” by the Canadian government; (f) you are not subject to any sanctions; and (g) you will not access the Site if you have previously been prohibited from doing so if any laws prohibit you from doing so.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials unless otherwise expressly permitted in this Agreement; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any provincial or federal law regulating email, facsimile transmissions or telephone solicitations; (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of Canada; or (l) use the Site for any use other than the purpose for which it was intended.
Unlawful Activity
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials. We reserve the right to investigate complaints or report violations or suspected unlawful activity to law enforcement officials, regulators, or other third parties. We may disclose any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Termination
We may suspend or terminate your access to the Site or your account at our discretion without explanation, notice, and liability to us including removing and discarding any items or content on the Site, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site, may be referred to appropriate law enforcement authorities. We will not have any liability whatsoever to you for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, fees, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to release, indemnify, defend and hold us and our agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, demand, claim and expense, including reasonable attorney’s fees, related to (a) your violation of this Agreement; (b) your use of the Site; (c) you or your accounts infringement of any other party’s rights; (d) Submission made by you, including with respect to violation of any other party’s rights, such as intellectual property or other proprietary rights, and laws related to privacy or information security; or (e) your violation of any other party’s rights or applicable law.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable law.
Disclaimer
YOUR USE OF OUR SITE IS AT YOUR OWN SOLE RISK. THE INFORMATION AND CONTENT FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AJ’s Music & The Music Man MAKES NO WARRANTY THAT (A) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH OUR SITE OR THAT THE SITE WILL OTHERWISE MEET YOUR REQUIREMENTS, (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.
WE MAKE NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom; (b) the unavailability or interruption of the Site or any features thereof; (c) your use of the Site; (d) the content contained on the Site; (e) purchases, sales, or other obligations between users; (f) any comments posted on the Site by users; (g) any personally identifiable information you upload or provide to us pursuant to the Site; (h) any cost of substitute goods or services; or (i) any delay or failure in performance beyond our control.
You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree we will have no liability or responsibility with respect to such interactions, purchases, or sales. We reserve the right but are under no obligation to become involved in any dispute between and another user, or any other party.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, BREACH OF WARRANTY, TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (A) THE USE OR INABILITY TO USE THE SITE; (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (C) ANY OTHER MATTER RELATED TO THE SITE. THIS SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE AGGREGATE LIABILITY OF US AND AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION AND SERVICES PROVIDED HEREIN OR HEREBY, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Limitation on Time to File Claims
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. We and any Affiliated Party will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
Any cause of action by you with respect to the Site (and/or any information, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Electronic Communication, Documentation
When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to conflict of law principles. All disputes shall be resolved exclusively in province or federal court in the Niagara Region, Ontario. All actions shall be subject to the limitations set forth in sections Disclaimer and Limitation of Liability above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
AJ’s Music Text Alerts Terms of Service
We are glad you have chosen to join our SMS texting program (“AJ’s Music Text Alerts”). By joining our texting program, you are accepting and agreeing to the following terms of use so please read them carefully. This is a binding Agreement. The terms “AJ’s Music” or “AJsMusic.ca” or “us” or “we” or “our” refers to AJ’s Music the owner of the Site AJsMusic.ca and our affiliates including AJ’s Music you know, the Site(s). “You” get where are going with all this? The term “you” refers to the viewer or user of the Site and our services. If you do not agree with our terms of use, please do not sign up for our texting program.
Consent for Texts: By checking the box and submitting this form on the Web or texting “OK” to our opt-in process on mobile, you are providing an electronic signature confirming that you agree to receive marketing offers, alerts, news, and any other communications about our products, offers, financing, and in-store events at the mobile number you provided to us. This may include messages sent using an automatic telephone dialing system or artificial or pre-recorded voice, and without any limits on message frequency. This includes messages sent by our partners and affiliates. Providing this consent is not required to purchase from AJ’s Music or use our products or services. Message and data rates may apply.
Program Description: When opt-ing in, you will see marketing messages to AJ’s Music customers that are bulk, targeted, and triggered by various events. Specifically, you’ll will see a welcome message that provides instructions on how to cancel, ask for help, and read our Privacy Policy.
You can cancel the SMS service at any time. Just text “NO,” “STOP,” or “END” to the short code. After you send the SMS message “NO” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@ajsmusic.ca or call at (905) 356-7695
There is no liability for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and from you. You will receive messages from time to time. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our Privacy Policy.