Terms & Conditions
Terms & Conditions
The Terms & Conditions Welcome to this website which is owned and operated by Sacred Melody Inc. , (“Sacred Melody,” “we,” and “us”). These Terms & Conditions (also referred to below as the “Agreement”) constitute an agreement between you and Sacred Melody, and its affiliated and subsidiary companies, which governs the use of this website and any web page which is a part of this website, your registration with this website, and your purchase or licensing of any product or service through this website or through telephone orders or mail orders through our catalogs or otherwise.
THESE TERMS & CONDITIONS ARE AN ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITIES, WHICH ARE SET FORTH BELOW.
We recommend you print out a copy of these Terms & Conditions for your records. Upon request by you or Sacred Melody, we each agree to sign and provide to each other a signed copy of these Terms & Conditions.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
As noted above, by using this website, purchasing or licensing any products or services through this website, and/or registering with this website, you agree to be bound fully by the provisions below, without change, as are published at such time. You agree to use this website solely in accordance and compliance with the terms of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE, VISIT ANY PAGE WHICH IS A PART OF THIS WEBSITE, REGISTER WITH THIS WEBSITE, OR PURCHASE ANY PRODUCT OR SERVICE THROUGH THIS WEBSITE.
2. MODIFICATIONS TO THIS AGREEMENT
These Terms & Conditions were updated June 12, 2020 and apply to all uses, purchases, or registrations occurring on or after that date. We reserve the right, in our sole discretion, to change these Terms & Conditions at any time by posting a change notice or new agreement on this website, but such changes shall not apply retroactively.
3. DISPUTES – THE REQUIREMENT TO ARBITRATE
At Sacred Melody, we work hard to make things right with each and every customer. On occasion, a third party may be necessary to help us resolve our disputes, and this Agreement limits us to arbitration (or small claims court, if a claim qualifies) in the following instances.
YOU AND SACRED MELODY AGREE THAT ALL DISPUTES AND CLAIMS BETWEEN US ARISING FROM OR RELATING IN ANY WAY WITH THE PERFORMANCE OF THESE TERMS & CONDITIONS, YOUR USE OF THIS WEBSITE, ANY PRODUCTS OR SERVICES SOLD OR LICENSED THROUGH THIS WEBSITE, OR THE ACTIONS OF SACRED MELODY OR ITS AGENTS THAT WE CANNOT RESOLVE INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT AS PROVIDED BELOW. YOU AND SACRED MELODY FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHERWISE TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND SACRED MELODY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of Sacred Melody, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This Agreement is binding on you and Sacred Melody, as well as our respective heirs, successors, and assigns. You and Sacred Melody agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. This Agreement, however, does not prevent you from bringing any issues to the attention of federal, state, or local agencies.
Arbitration Scope, Rules, and Requirements
There is no judge or jury in arbitration, and discovery and court review of an arbitration award are limited. However, an arbitrator under this Agreement can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms & Conditions as a court would. The arbitration or small claims court action shall occur in the United States in the county or parish in which you reside or at such other location in the United States which may be agreed upon by you and Sacred Melody. You may also choose to have any arbitration, whether commenced by you or us, conducted by telephone or based on written submissions only. The arbitrator has the authority to and shall resolve all claims and issues arising between us, including, but not limited to, international, federal, state, and local statutory, regulatory, constitutional, and common law claims. This arbitration requirement covers, but is not limited to, any and all claims arising from or related in any way to your use of this website, your registration with this website, your purchase of or attempt to purchase products through this website, and your communications with Sacred Melody. The arbitrator also has the sole authority to and shall address all claims or arguments concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us. Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the Notice Address. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and Sacred Melody Inc, 3501 James St, Syracuse, NY. The AAA’s address is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. You may also send a copy to the AAA online at https://www.adr.org/consumer. If you initiate an arbitration, Sacred Melody will reimburse you for any standard filing fee which may be required under the AAA Rules for claims under $10,000. For claims over $10,000, payment of such fees will be by a separate agreement between you and Sacred Melody. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom. Each party shall be responsible for their own attorneys’ fees except as provided by applicable law or the AAA Rules. We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and Sacred Melody, will be decided by the arbitrator.
4. PRIVACY AND SECURITY
5. PRODUCT DESCRIPTIONS
We work hard to be as accurate as possible. The products and services offered for sale or license through the use of this website contain descriptions that are provided by our suppliers, vendors, and licensors. We do not warrant or represent that such descriptions are complete and accurate. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted by you or an order confirmation has been sent by us). If a product offered by us is not as described, your sole remedy is to return it to us in unused condition. We also reserve the right to limit the order quantity on any item.
6. SACRED MELODY GIFT CARDS TERMS & CONDITIONS
The following are the terms and conditions applicable to your Sacred Melody gift card. Sacred Melody gift cards are issued by Sacred Melody, LLC. Your purchase, acceptance, and/or use of a Sacred Melody gift card constitutes your acceptance of these terms and conditions. Sacred Melody gift cards cannot be used to purchase gift cards and may only be used toward the purchase of eligible goods provided by Sacred Melody and its affiliates. Eligible goods and services are subject to change in our sole discretion. Gift cards are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Gift cards are not re-sellable. The risk of loss and title for gift cards pass to the purchaser upon our electronic transmission or mailing of the gift card to the purchaser or recipient. We are not responsible for pricing, typographical, or other errors, related to gift cards and reserve the right to cancel any orders resulting from such errors. If we suspect any fraud or misuse in connection with a gift card, we reserve the right in our discretion to suspend or terminate use of the gift card. We are not responsible for and will not replace lost or stolen gift cards. The use of the gift card is limited to the balance of the funds held on the gift card. The full amount of each purchase, including taxes, will be deducted from the funds held on the gift card, up to the total balance of the funds available on the gift card. Any unused balance will be maintained in the recipient's gift card account and is not transferable. If you make a purchase through your gift card and there are insufficient funds held on the gift card to cover that purchase, you must pay the difference by a valid credit card or debit card or through PayPal, if you are a US customer. Your right to use the funds on the gift card is a limited right, subject to these terms and conditions and applicable law. Gift cards do not expire. No fees apply to Gift Cards.
7. PROPER USAGE
You agree to use this website, and to purchase products and services through the use of this website, only for your own personal, noncommercial use unless you are in an express business relationship with Sacred Melody. You agree not to use this website (a) in any unlawful manner or in any manner that creates civil or criminal liability on the part of Sacred Melody or is otherwise harmful to Sacred Melody; (b) in any manner that could damage, disable, overburden, impair, impede, disrupt, or alter this website; and (c) in any manner that would interfere, impair, impede, or disrupt the use of this website by any third party. You agree not to post on or transmit through this website or to submit to Sacred Melody for inclusion, use or distribution on this website or for any other purposes any material that is unlawful; libelous; constitutes an invasion of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner; constitutes a breach of your contractual and/or fiduciary obligations; infringes on any third-party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights; or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment. Sacred Melody reserves the right in its sole discretion to prohibit any conduct, communications, content, or use of this website, and to remove any content or communications, which in its sole discretion it finds objectionable or unacceptable in any manner.
8. INTELLECTUAL PROPERTY RIGHTS
A. Sacred Melody.com, the Sacred Melody.com logos, Sacred Melody, the Sacred Melody logos, Sacred Melody Distributors, the Sacred Melody Distributors logos, CBD, the open book logo, 1-800-CHRISTIAN, Pennywise Learning, Pennywiselearning.com, iChristian.com, the iChristian logo, the Sacred Melodys Direct logo, Wordkeeper, and the Wordkeeper Bible Cover logo are trademarks or registered trademarks owned by Sacred Melody or its affiliated companies. Other trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos used on this website are owned by their respective owners. All rights in and to such trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos are reserved to their respective owners. No license or permission is given to you to use such trademarks, registered trademarks, trade names, product names, corporate names, graphics or logos in any manner. B. The copyright in this website, the content of this website, and software utilized in this website are owned by Sacred Melody and its suppliers and licensors. All rights in and to such copyrights are reserved to their respective owners. No license or permission is given to you to use such copyrighted material in any manner. C. You may not remove, modify, or alter in any manner any notice regarding copyright, trademark, proprietary rights, warranty information, disclaimers, or warnings which are included in or on this website or any service or product offered for use or sale through this website. D.
THE USE OF THIS WEBSITE, THE CONTENT OF THIS WEBSITE, THE SOFTWARE UTILIZED BY THIS WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE OR LICENSE THROUGH THIS WEBSITE, EXCEPT AS EXPRESSLY PERMITTED, IS STRICTLY PROHIBITED AND SHALL CONSTITUTE AN INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS OF SACRED MELODY AND ITS LICENSORS OR SUPPLIERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
9. CONTENT SUBMITTED BY YOU
You agree that all logos, graphics, artwork, text, and other content submitted by you for inclusion, use or distribution on this website or for any other purposes shall be in accordance with and in compliance with the Proper Usage requirements contained in Section 7 of this Agreement. By submitting such content to Sacred Melody, you warrant, represent, and agree that (a) you have the authority to grant the rights to such content which are being granted hereunder; (b) you own and/or control all rights in and to such content; (c) such content does not contain any material that is unlawful; libelous; constitutes an invasion of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner; constitutes a breach of your contractual and/or fiduciary obligations; infringes on any third-party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights; or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment; and (d) such content is in compliance with the Proper Usage requirements contained in Section 7 of this Agreement. You will be solely responsible and liable for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights and any other claims, costs, and damages arising from Sacred Melody’s inclusion, use or distribution of all content submitted by you. Sacred Melody neither assumes, has, or will have any responsibility or liability for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights or any other claims, costs, and damages arising from Sacred Melody’s inclusion, use or distribution of all content submitted by you. You hereby grant to Sacred Melody, and its affiliated, subsidiary and related companies, a royalty-free, perpetual, irrevocable, unlimited, worldwide right and license to use, reproduce, publish, translate, sublicense, copy, and distribute all such content submitted by you, in whole or in part, and/or to incorporate such content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content.
10. CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Sacred Melody recognizes and respects the importance of intellectual property rights and endeavors to take all steps to protect the intellectual property rights of others. If you believe that this website, the content of this website, software utilized on this website, or any service or product available for use or sale through this website constitutes an infringement of your copyright, trademark, patent or other proprietary or contractual rights, please advise Sacred Melody immediately by sending written notice specifying all elements of your claim of infringement to: Sacred Melody, 3501 James St, Syracuse, NY 13206
11. DISCLAIMER OF WARRANTIES AND CERTAIN DAMAGES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE CONTENT OF THIS WEBSITE, THE SOFTWARE UTILIZED BY THIS WEBSITE, AND ALL PRODUCTS AND SERVICES OFFERED FOR SALE OR LICENSE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS AND SACRED MELODY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, THE CONTENT OF THIS WEBSITE, THE SOFTWARE UTILIZED BY THIS WEBSITE, OR THE PRODUCTS AND SERVICES OFFERED FOR SALE OR LICENSE THROUGH THIS WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SACRED MELODY ALSO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE USE OF THIS WEBSITE, REGISTRATION WITH THIS WEBSITE, AND THE PURCHASE OR LICENSING OF PRODUCTS AND SERVICES VIA THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SACRED MELODY MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE TRUTH, ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTAINED ON THIS WEBSITE, OR IN THE CONTENT OF THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SACRED MELODY MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, THAT THE OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEBSITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SACRED MELODY SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DAMAGE TO ANCILLARY OR ATTACHED EQUIPMENT OR COMPONENTS THEREOF OR FOR LOSS OR NON-RECOVERABILITY OF ANY DATA OR STORED INFORMATION RELATING TO YOUR USE OF THIS WEBSITE, THE SOFTWARE UTILIZED BY THIS WEBSITE, OR ANY PRODUCT OR SERVICE PURCHASED OR LICENSED THROUGH THIS WEBSITE PROVIDED THAT THE FOREGOING LIMITATION ON INCIDENTAL OR CONSEQUENTIAL DAMAGES DOES NOT APPLY TO INDIVIDUALS WHO BUY, LEASE, BORROW OR BAIL PROPERTY OR SERVICES PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SACRED MELODY’S LIABILITY FOR ANY ALLEGEDLY DEFECTIVE PRODUCT PURCHASED OR LICENSED THROUGH THIS WEBSITE SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OR LICENSE FEE PAID.
SACRED MELODY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR SACRED MELODY ANY OTHER LIABILITIES OR OBLIGATIONS. THESE LIMITATIONS APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY, AMONG OTHERS. SOME STATES DO NOT ALLOW FOR EXCLUSION OR LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND OTHER LIMITATIONS ON DAMAGES AND SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD SACRED MELODY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES,TO ANY THIRD PARTY ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEBSITE, THE CONTENT OF THIS WEBSITE, THE SOFTWARE UTILIZED BY THIS WEBSITE, OR ANY PRODUCT OR SERVICE PURCHASED OR LICENSED THROUGH THIS WEBSITE PROVIDED THAT THE FOREGOING INDEMNIFICATION OBLIGATION DOES NOT APPLY TO INDIVIDUALS WHO BUY, LEASE, BORROW OR BAIL PROPERTY OR SERVICES PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD SACRED MELODY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, ARISING FROM YOUR BREACH OF OR DEFAULT UNDER THE WITHIN AGREEMENT, OR ARISING FROM YOUR OWN NEGLIGENT OR WRONGFUL CONDUCT.
13. APPLICABLE LAW, JURISDICTION ANDVENUE
This website is created, controlled, owned and operated by Sacred Melody in the New York. Except with regard to arbitration and provisions regarding dispute resolution (Paragraph 3, above), which are governed by the Federal Arbitration Act, the laws of the New York shall govern and control the interpretation and enforcement of this Agreement. If for any reason a claim or dispute proceeds in court of general jurisdiction rather than in arbitration or small claims court are required by Section 3, above, as the result of a decision of an arbitrator or a court order by a court of competent jurisdiction, you and Sacred Melody each hereby consent to the exclusive personal jurisdiction and subject matter jurisdiction of any of the courts in the New York, whether federal or state, for any purpose or matter pertaining directly or indirectly to these Terms & Conditions, arising from or in connection with the performance of these Terms & Conditions, arising from or in connection with your use of this website, arising from or in connection with your purchase or licensing of services and products through this website, or arising from or in connection with the actions of Sacred Melody or its agents and you and Sacred Melody each agree that any such action or proceeding shall be commenced and maintained only in a court, whether federal or state, in the New York. This provision shall not be construed as a waiver by either party of any provision of Section 3, above, and the parties reaffirm their understanding that Section 3 limits dispute resolution to individual arbitration and individual small claims court pursuant to and in accordance with the requirements of Section 3.
14. THIRD-PARTY CONTENT, LINKS, PRODUCTS AND SERVICES
15. RISK OF LOSS
The risk of loss for and title to all products purchased by you through the use of this website passes to you upon our delivery to the carrier.
A. The "Retail Price" listed for products and services offered for sale through the use of this website represents the full retail price listed on the product, the retail price suggested by Sacred Melody’s suppliers, vendors, or licensors, or the retail price as estimated in accordance with standard practice. Such "Retail Price" is a comparative estimate only and may not represent the prevailing retail price in every geographical location at a particular moment. B. The purchase price for products and services offered for sale through the use of this website may increase or decrease between the time an item is placed in your shopping cart and the time the purchase of such item is actually made by completion of the check-out process. You will be responsible for the payment of the purchase price in effect at the time the purchase of an item is actually made by completion of the checkout process. C. The purchase price for products and services offered for sale through the use of this website may be incorrectly stated on the website. In the event the purchase price for an item is incorrectly stated, Sacred Melody may, in its sole discretion, (i) contact you for instructions before shipping the item and charging you for such item; (ii) cancel the order and notify you of the cancellation; or (iii) ship the item to you at the lower of the incorrectly stated price or the actual purchase price. This Pricing Policy only applies to products and services sold and shipped directly by Sacred Melody. Products and services sold by third parties through the use of this website are subject to the pricing policies of such third parties.
17. SALES TAX INFORMATION
Goods and services sold by Sacred Melody that are shipped to locations in the United States, and its territories, may be subject to sales tax. The amount of sales tax collected on your order is calculated based on a variety of factors including the category of the goods or services purchased; the date and time the order is fulfilled; the location of the place of fulfillment; and, the location of the shipment or delivery address contained on your order. Any of these factors may change between the time an order is placed by you and the time that shipment is complete which may result in a change in the amount of tax calculated on your order.
When you confirm your order during the “Check Out” process, Sacred Melody will provide you with an “Estimated Tax.” The amount of the “Estimated Tax” may be recalculated at the time your order is finalized and complete. The tax rate that will be applied to your order shall be the combined state and local tax rates of the location to which your order is delivered or from which your order is fulfilled. No sales tax is collected on gift cards sold on the website provided that purchases paid for with gift cards may be subject to sales tax.
18. AGE OF USER
If you are under the age of eighteen (18) years, you may use this website and purchase or license products and services through the use of this website only with the involvement and under the supervision of a parent or legal guardian. This website is not designed or intended for persons under the age of thirteen (13).
19. TERMINATION OF USAGE
Sacred Melody shall have the right at any time, with or without cause, and with or without notice to you to (i) cancel any order; (ii) terminate or suspend your right to use or access this website; or (iii) terminate or suspend your right to purchase any product or service through the use of this website.
20. YOUR ACCOUNT
In order to purchase products or services through the use of this website, you must either establish an account with Sacred Melody or purchase such products or services as a guest. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of this website that occur under your account or your account password. You acknowledge and agree that Sacred Melody may access, preserve, and disclose your account information, all content submitted by you, all communications to and from you, all information relating to your use of this website, and all information relating to the use of this website under your account or account password if Sacred Melody is required to do so by law or legal process or if Sacred Melody determines, in its sole discretion, that such action is necessary to protect the rights of Sacred Melody, third parties, and other users of this website or for purposes of responding to your request for customer service.
21. ELECTRONIC COMMUNICATIONS
You consent to receive electronic communications from Sacred Melody either in the form of email sent to you at the email address listed on your account or by communications posted on this website. You acknowledge and agree that any electronic communication in the form of such email or posting on this website shall satisfy any legal requirement that such communication be in writing.
All notices to you will be sent by email to the email address listed on your account or by first class mail, postage prepaid, to you at the mailing address listed on your account. All notices to Sacred Melody shall be sent by email to laser@SacredMelody.com or by first class mail, postage prepaid, to: Sacred Melody, 3501 James St, Syracuse, NY 13206
23. RIGHT TO CONSULT AN ATTORNEY
You understand that you have the absolute right to consult an attorney concerning any aspect of this Agreement, and that, by acknowledging your acceptance of these Terms & Conditions, you represent to Sacred Melody that you understand the requirements of this Agreement and agree to be bound by them.
24. MISCELLANEOUS PROVISIONS
All terms, covenants, and conditions contained herein are severable and in the event any of them shall be held to be invalid, this Agreement shall be interpreted as if such invalid term, covenant, or condition were not contained herein. Headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement. Any failure by Sacred Melody to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of Sacred Melody to enforce the provision at any subsequent time. All orders are subject to acceptance at our office in New York.