TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
AT SHEET MUSIC AUTHORITY BY DAY MURRAY MUSIC
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION
REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS,
LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ
IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS
WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES
FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE
NOT (i) AT LEAST 18 YEARS OF AGE OR, (ii) OF LEGAL AGE TO FORM A
BINDING CONTRACT WITH DAY MURRAY MUSIC, OR (C) ARE PROHIBITED
FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S
CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of
products and services through sheetmusicauthority.com (the "Site"). These Terms are subject to
change by Sheet Music Authority (referred to as "us", "we", or "our" as the context may require)
without prior written notice at any time, in our sole discretion. The latest version of these Terms
will be posted on this Site, and you should review these Terms before purchasing any product or
services that are available through this Site. Your continued use of this Site after a posted change
in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally
to the use of our Site. You should also carefully review our Privacy Policy before placing an
order for products or services through this Site (see Section 9).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy,
under these Terms, all products and services listed in your order. Due to the unpredictable nature
of the print music industry, (print-on-demand sheet music, supplier backorders, copyright
restrictions, out-of-print items, etc.) we may not be able to fulfill some or all of the items you
have requested. After receiving your order, we will send you a confirmation email with your
order number and details of the items you have ordered. This order confirmation means we
accept the order but it does not guarantee availability. We may choose not to accept any
orders in our sole discretion. Acceptance of your order and the formation of the contract of sale
between Sheet Music Authority and you, will not take place unless and until you have received
an order confirmation email stating the current availability of of product(s) ordered. In the event
that any item in your order is out of stock or not immediately available, and you decide not to
wait for availability, you have the option to cancel the order. Order cancellations must be done
within 24 hours of your receipt of the email notifying you of the delay. You have the option to
wait until all items are available to ship together, or ship items separately as they become
available. You will be required to pay the additional shipping costs for all items you choose to
ship separately. You have the option to cancel your order at any time prior to our sending you an
order availability email confirmation, by calling our Customer Service Department at 801-266-
3537 (Monday through Friday 10:00 a.m.-5:30 p.m. Mountain time).
3. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The
price charged for a product or service will be the price in effect at the time the order is
placed and will be set out in your order confirmation email. Price increases will only
apply to orders placed after such changes. Posted prices do not include taxes or charges
for shipping and handling. All such taxes and charges will be added to your merchandise
total and will be itemized in your shopping cart and in your order confirmation email. We
are not responsible for pricing, typographical, or other errors in any offer by us and we
reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and, unless otherwise
agreed by us in writing, payment must be received by us before our acceptance of an
order. We accept Visa, MasterCard, AMEX, and Discover Cards for all purchases. You
represent and warrant that (i) the credit card information you supply to us is true, correct,
and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii)
charges incurred by you will be honored by your credit card company, and (iv) you will
pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the
shopping cart page for specific delivery options. You will pay all shipping and handling
charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the
carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed.
We are not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on this Site as non-
returnable, we will accept a return of the products for a refund of your purchase price, minus the
original shipping and handling costs, provided such a return is made within 30 days of shipment
and provided such products are returned in their original condition. Please note that items we do
not regularly stock which require special orders from our vendors may not be eligible for a
refund and may also be subject to a 15% restocking fee. To verify whether or not an item
would be ineligible for a refund, please contact our customer service department at 801-266-
3537 (Monday through Friday 10:00 a.m.-5:30 p.m. Mountain time) to verify in-stock
availability. To return products, you must call 801-266-3537 (Monday through Friday 10:00
a.m.-5:30 p.m. Mountain time) or email our Returns Department at
info@sheetmusicauthority.com to obtain an authorization form before shipping your return
merchandise. No returns of any type will be accepted, nor refunds issued without an
authorization form.
You are responsible for all shipping and handling charges on returned items. You
bear the risk of loss during shipment. Therefore, for your protection, we recommend that you
fully insure your return shipment against loss or damage using a carrier that can provide you with
proof of delivery.
Refunds are processed within approximately three business days of our receipt of your
merchandise. Your refund will be credited back to the same payment used to make the original
purchase on the Site. Items such as mouthpieces, reeds, kazoos, recorders, etc. are non-
returnable. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE
AS NON-RETURNABLE.
6. Limitation of Liability
OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED
THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR
SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL
WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF
PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION,
REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF
REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER
DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(a) What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed herein in Section 15-b
is available to you if you believe that we have not performed our obligations under these
Terms.
7. Goods Not for Resale or Export. You agree to comply with all applicable laws
and regulations of the various states and of the United States including all Export Regulations, as
defined below. You represent and warrant that you are buying products or services from the Site
for your own personal or household use only, and not for resale or export. Products and services
purchased from the Site may be controlled for export purposes by export regulations, including
but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of
Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which
ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R.
120-128 and 130) and their successor and supplemental regulations (collectively, "Export
Regulations").
8. Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) Uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase,"
"price" and the like mean the purchase or sale of copy of a copyrighted work.
(b) You will comply with all intellectual property laws with regard to any
product you obtain through this Site, including, but not limited to, all confidentiality
obligations and restrictions on resale, use, reverse engineering, copying, making,
modifying, improving, and transfer of those products.
(c) You will not cause, induce or permit others' noncompliance with any
intellectual property laws relating to the products purchased from Us.
9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy
Policy, located at sheetmusicauthority.com/privacy, governs the processing of all personal data
collected from you in connection with your purchase of products or services through the Site.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have
defaulted or breached these Terms, for any failure or delay in our performance under these
Terms when and to the extent such failure or delay is caused by or results from acts or
circumstances beyond our reasonable control, including, without limitation, acts of God, flood,
fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is
declared or not), terrorist threats or acts, riot or other civil unrest, national emergency,
revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not
relating to our workforce), or restraints or delays affecting carriers or inability or delay in
obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown
or power outage.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these
Terms are governed by and construed in accordance with the internal laws of the State of Utah
without giving effect to any choice or conflict of law provision or rule (whether of the State of
Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction
other than those of the State of Utah.
12. Assignment. You will not assign any of your rights or delegate any of your
obligations under these Terms without our prior written consent. Any purported assignment or
delegation in violation of this Section 12is null and void. No assignment or delegation relieves
you of any of your obligations under these Terms.
13. No Waivers. The failure by us to enforce any right or provision of these Terms
will not constitute a waiver of future enforcement of that right or provision. The waiver of any
right or provision will be effective only if in writing and signed by a duly authorized
representative of Day Murray Music.
14. No Third Party Beneficiaries. These Terms do not and are not intended to confer
any rights or remedies upon any person other than you.
15. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i)
sending a message to the email address you provide or (ii) by posting to the Site. Notices
sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address
current.
(b) To Us. To give us notice under these Terms, you must contact us as
follows: (i) by facsimile transmission to 801-266-4053; or (ii) by personal delivery,
overnight courier or registered or certified mail to Day Murray Music 4914 South State
Street | Murray, UT 84107. We may update the facsimile number or address for notices to
us by posting a notice on the Site. Notices provided by personal delivery will be effective
immediately. Notices provided by facsimile transmission or overnight courier will be
effective one business day after they are sent. Notices provided by registered or certified
mail will be effective three business days after they are sent.
16. Severability. If any provision of these Terms is invalid, illegal, void or
unenforceable, then that provision will be deemed severed from these Terms and will not affect
the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement. Our order confirmation, these Terms, the license agreement
relating to any product or service you obtain on or through this Site, our Website Terms of Use
and our Privacy Policy will be deemed the final and integrated agreement between you and us on
the matters contained in these Terms.
Website Terms of Use
Last Modified: April 22, 2019
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Sheet Music Authority ("Company", "we", or "us").
The following terms and conditions, together with any documents they expressly incorporate by reference
(collectively, these "Terms of Use"), govern your access to and use of sheetmusicauthority.com, including any
content, functionality, and services offered on or through sheetmusicauthority.com (the "Website"), whether as a
guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to
accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be
bound and abide by these Terms of Use and our Privacy Policy, found at www.sheetmusicauthority.com,
incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you
must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or
any of its territories or possessions or are of legal age. By using this Website, you represent and warrant that you are
of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If
you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective
immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree
to the changes. You are expected to check this page each time you access this Website so you are aware of any
changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in
our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable
at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire
Website, to users, including registered users.
You are responsible for:
● Making all arrangements necessary for you to have access to the Website.
● Ensuring that all persons who access the Website through your internet connection are
aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or
other information. It is a condition of your use of the Website that all the information you provide on the Website is
correct, current, and complete. You agree that all information you provide to register with this Website or otherwise,
including but not limited to through the use of any interactive features on the Website, is governed by our Privacy
Policy sheetmusicauthority.com/privacy, and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not disclose it to any other person or
entity. You also acknowledge that your account is personal to you and agree not to provide any other person with
access to this Website or portions of it using your user name, password, or other security information. You agree to
notify us immediately of any unauthorized access to or use of your user name or password or any other breach of
security. You also agree to ensure that you exit from your account at the end of each session. You should use
particular caution when accessing your account from a public or shared computer so that others are not able to view
or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us,
at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision
of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by
the Company, its licensors, or other providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on our Website, except as follows:
● Your computer may temporarily store copies of such materials in RAM incidental to your
accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display
enhancement purposes.
● You may print or download one copy of a reasonable number of pages of the Website for
your own personal, non-commercial use and not for further reproduction, publication, or
distribution.
● If we provide desktop, mobile, or other applications for download, you may download a
single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
● Modify copies of any materials from this site.
● Use any illustrations, photographs, video or audio sequences, or any graphics separately
from the accompanying text.
● Delete or alter any copyright, trademark, or other proprietary rights notices from copies
of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials
available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your
request to: info@sheetmusicauthority.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the
Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our
option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or
any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.
Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may
violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms “Day Murray”, “Day Murray Music”, “Day Murray Music Education House”, “Sheet
Music Authority”, and all related names, logos, product and service names, designs, and slogans are trademarks of
the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the
Company. All other names, logos, product and service names, designs, and slogans on this Website are the
trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use
the Website:
● In any way that violates any applicable federal, state, local, or international law or
regulation (including, without limitation, any laws regarding the export of data or
software to and from the US or other countries).
● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any
way by exposing them to inappropriate content, asking for personally identifiable
information, or otherwise.
● To transmit, or procure the sending of, any advertising or promotional material without
our prior written consent, including any "junk mail", "chain letter", "spam", or any other
similar solicitation.
● To impersonate or attempt to impersonate the Company, a Company employee, another
user, or any other person or entity (including, without limitation, by using email
addresses or screen names associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the
Website, or which, as determined by us, may harm the Company or users of the Website
or expose them to liability.
Additionally, you agree not to:
● Use the Website in any manner that could disable, overburden, damage, or impair the site
or interfere with any other party's use of the Website, including their ability to engage in
real time activities through the Website.
● Use any robot, spider, or other automatic device, process, or means to access the Website
for any purpose, including monitoring or copying any of the material on the Website.
● Use any manual process to monitor or copy any of the material on the Website or for any
other unauthorized purpose without our prior written consent.
● Use any device, software, or routine that interferes with the proper working of the
Website.
● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer, or database
connected to the Website.
● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
● Take appropriate legal action, including without limitation, referral to law enforcement,
for any illegal or unauthorized use of the Website.
● Terminate or suspend your access to all or part of the Website for any or no reason,
including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court
order requesting or directing us to disclose the identity or other information of anyone posting any materials on or
through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES,
LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE
OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We
do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such
information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed
on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its
contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers,
and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions
expressed in these materials, and all articles and responses to questions and other content, other than the content
provided by the Company, are solely the opinions and the responsibility of the person or entity providing those
materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to
you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-
date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to
update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy sheetmusicauthority.com/privacy. By
using the Website, you consent to all actions taken by us with respect to your information in compliance with the
Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods, services, or information formed through
the Website or resulting from visits made by you are governed by our Terms of Sale
https://www.sheetmusicauthority.com/terms-of-sale which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such
additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our Website provided you do so in a way that is fair and legal and does not damage our reputation
or take advantage of it, but you must not establish a link in such a way as to suggest any form of association,
approval, or endorsement on our part without our express written consent.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the
right to withdraw linking permission without notice.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your
convenience only. This includes links contained in advertisements, including banner advertisements and sponsored
links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for
any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites
linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such
websites.
Geographic Restrictions
The owner of the Website is based in the state of Utah in the United States. We provide this Website for use only by
persons located in the United States. We make no claims that the Website or any of its content is accessible or
appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain
countries. If you access the Website from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws. If you choose to place an order to an area outside of the United States,
you must contact our customer service department prior to placing an order.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the
internet or the Website will be free of viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER
THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS
THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES,
OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE
LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO
IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT
NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS
OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and
its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and
assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of
the Website, including, but not limited to, any use of the Website's content, services, and products other than as
expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related
thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law
provision or rule (whether of the State of Utah or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be
instituted exclusively in the federal courts of the United States or the courts of the State of Utah in each case located
in the City of Salt Lake and County of Salt Lake although we retain the right to bring any suit, action, or proceeding
against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive
any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY
BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the
Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or
provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid,
illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such
that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and
Sheet Music Authority regarding the Website and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Day Murray Music DBA Sheet Music Authority 4914 S. State Street | Murray, UT
84107
All notices of copyright infringement claims should be mailed to Day Murray Music 4914 S. State Street | Murray,
UT 84107 by certified mail.
All other feedback, comments, requests for technical support, and other communications relating to the Website
should be directed to: info@sheetmusicauthority.com.