Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Welcome to arschoolband.com (the "Website"). The Website is operated by Arkansas School Band Service, Inc at 1023 S. Arkansas Street, Russellville, AR 72801. The term "ASBS" or "us" or "we" or "our" refers to Arkansas Band School Service, Inc. The term "you" or "your" refers to the user or viewer of the website. Please take a few minutes to carefully review these Terms and Conditions. Your use of the Website constitutes your unconditional agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms, do not use the Website. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use the Website.
Correction of Error and Inaccuracies
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Service Marks
"ASBS" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Limited Warranty & Disclaimer of Other Warranties
All items purchased from us are warranted for a period of 90 days from the date of purchase to be free from manufacturing defects. We will, at our sole option, repair or replace defective goods or refund the purchase price. These rights are in addition to any warranty provided by a third party manufacturer. To exercise your rights under this warranty, contact our Customer Care Department for a Return Authorization Number. You are responsible for return shipping. Except as provided above, we hereby DISCLAIM ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARKANSAS SCHOOL BAND SERVICE, INC SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES that may be suffered as a result of manufacturing defects in, or the use of, goods sold by ASBS. This limited warranty and any warranties and/or remedies provided by any third party manufacturer of the goods sold by ASBS give you specific legal rights and you may have other rights which vary from state to state as some states do not allow the exclusion of warranties, incidental or consequential damages or the limitation of remedies.
Indemnification
You agree to defend, indemnify and hold harmless ASBS from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website.
Risk of Loss
The risk of loss and title for all items purchased from ASBS pass to you upon our delivery to the carrier.
Limitation of Liability
ASBS shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if ASBS has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
We attempt to be as accurate as possible when describing products listed for sale on the Website. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. Likewise, we do our best to display as accurately as possible the colors of the products shown on the Website. However, because the color you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ASBS without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
ASBS may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ASBS.
Other Policies
Your use of the Website is also subject to our Privacy Policy, Return Policy, Payment Policy, and Shipping Policy. Such other policies shall be considered an integral part of these Terms and Conditions.
Applicable Law & Venue - Limitations
By visiting the Website, you agree that the laws of the State of Arkansas, without regard to principles of conflicts of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and ASBS. Any litigation concerning such purchases must be filed exclusively in Pope County, Arkansas, within one (1) year after the claim has accrued or be forever barred. BOTH PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ASBS or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
ASBS does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ASBS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ASBS reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ASBS in its sole discretion.
Third-Party Links
In an attempt to provide increased value to our visitors, ASBS may link to sites operated by third parties. However, even if the third party is affiliated with ASBS, ASBS has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ASBS. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ASBS seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).