Terms & Conditions
By using this website or ordering any merchandise from Mutual Publishing, LLC ("Mutual"), you acknowledge that you have read and understand these terms and conditions of use ("Terms & Conditions") and agree to be bound by them, to the extent permitted by applicable law. Mutual may change or modify these Terms & Conditions from time to time. Please review these Terms & Conditions to ensure your acceptance. If you do not agree to these Terms & Conditions, you are not authorized to use this website or to purchase any merchandise from this website.
License Your use of this website is under a limited license to access and make personal use of the website. This license does not include the right to download (except for page caching), modify, reproduce, or resell any part of the website's content; use any robot, spider, data miner, or other means to extract and gather data from the website; or otherwise use this website or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain Mutual express written consent.
Termination of Usage Mutual may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of this website, including any account hereon, without notice, for any reason in Mutual sole discretion, including, without limitation, violation of the Terms & Conditions or Mutual belief that such use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Mutual or another user.
Pricing The prices for items on this website are subject to change. It is possible for the price of an item to change between the time you add it to your shopping cart and the time you check out. Occasionally, an item may be mispriced on the website. In that case, the mispriced item would appear at the incorrect price even upon checkout. If the correct price of an item is higher than the price shown on the website or at checkout, Mutual may, in its sole discretion, do any one of the following: (1) contact you before shipping the item to notify you of the correct price and receive instructions from you as to whether you want to purchase the item at the correct price; (2) cancel the order and notify you of the cancellation; or (3) ship the item to you at the incorrect price. No contract will have been formed between you and Mutual until Mutual has charged your credit or debit card, or processed another method of payment.
Product Descriptions Mutual attempts to make the descriptions of its products as accurate as possible. However, Mutual does not warrant that the descriptions or other content on this website are accurate, reliable, complete, or current. If you receive an item from Mutual that is not as it was described on the website, your sole remedy is to return it unused for a refund.
Your Account If you register an account with Mutual on this website, you are responsible for maintaining the confidentiality of your user name and password. You agree to accept full responsibility for all activities that take place under your account or password.
This website is intended for the use of individuals 18 years or older. Users under 18 may use the website only under the supervision of a parent or legal guardian.
Trademarks Mutual, or third parties from whom Mutual has permission, own the trademarks or service marks that are used on this website. All rights are reserved. These and other graphics, logos, service marks, trademarks, and trade dress of Mutual and its licensors may not be used without prior written consent of Mutual or its licensor, as the case may be. Without limiting the foregoing, no Mutual trademark or trade dress may be used in connection with any product or service that is not Mutual, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Mutual.
Copyright and Other Proprietary Rights All proprietary content and materials on this website, including, without limitation this website's layout, organization, and design, are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using proprietary content, except as allowed by these Terms & Conditions or by written consent of the owner of the proprietary rights.
Digital Millennium Copyright Act If you have reason to believe that material on this website infringes your copyright, please send a notice by mail to Mutual Publishing requesting that the infringing material be removed. The notice must contain the following information.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
- A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the website;
- Identification of the allegedly infringing material and where the material is located on the website;
- Your contact information, including your name, address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
Upon receiving such a notice, Mutual will follow the procedures set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512).
Blog and Customer Comments Comments submitted for a specific product or on the website blog must meet the following requirements:
- You are the sole author of the comment and it in no way infringes upon the rights of any third party. All quotations, no matter their length, are credited to their original source.
- The comment is not unlawful, harassing, threatening, obscene, defamatory, or otherwise objectionable.
- The comment is accurate and not misleading.
- The comment is not for the purpose of commercial solicitation or spam.
By posting a comment, you give Mutual the right, but not the obligation, to make the comment, or any part of it, available on the internet and use, copy, or distribute the content of the comment throughout the world in any media, in each case on a royalty-free basis.
Mutual has the right, but not the obligation, to edit or remove any customer comments or blog postings at any time. Mutual takes no responsibility and assumes no liability for any content posted by you or any third party.
Third-Party Sites This website may contain links to other unrelated websites on the internet. Mutual is not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such sites. Mutual makes no representations or warranties regarding the security of any information you make available to such websites. Mutual is not liable for any loss or damages incurred as the result of your business dealings with such third parties.
Disclaimer of Warranties and Limitation of Liability THIS WEBSITE AND ALL CONTENT, SERVICES, AND MERCHANDISE MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY MUTUAL ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, MUTUAL WILL NOT BE LIABLE FOR LOST PROFITS OR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THIS WEBSITE, ITS CONTENT OR SERVICES, OR MERCHANDISE PURCHASED THROUGH THIS WEBSITE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. MUTUAL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF HAWAII AND IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT. IN NO EVENT SHALL THIS PARAGRAPH OPERATE TO DISCLAIM OR LIMIT MUTUAL LIABILITY IN A MANNER INCONSISTENT WITH THE LAWS OF THE STATE OF HAWAII.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification You will indemnify and hold Mutual harmless from any claim, demand, loss, liability, costs, or expenses (including reasonable attorney fees), arising out of your use of this website, your breach of these Terms & Conditions, or your violation of the law or any rights of a third party. Under Hawaii law, this Indemnification provision shall not apply to negligent, reckless, or intentional conduct on the part of Mutual.
Risk of Loss The risk of loss and title for all items purchased from this website passes to you upon delivery of the item to the carrier.
Applicable Law This website is maintained in Honolulu, Hawaii. Accordingly, this agreement shall be deemed to have been made in the United States in the state of Hawaii and shall be governed exclusively by the laws of the State of Hawaii without regard to any principles of conflicts of law.
Arbitration of Disputes Any dispute arising out of or relating in any way to your use of this website or the purchase of merchandise from Mutual will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the city of Honolulu, HAWAII, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorney fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these Terms & Conditions, the arbitrator shall be authorized to award either party any remedy permitted by applicable law
Alternatively, at Mutual’s sole discretion, a claim may be adjudicated in the state or federal courts located in Honolulu, HAWAII. By using this website, you consent to exclusive jurisdiction of, and venue in, the state or federal courts located in Honolulu, Hawaii.
EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THESE TERMS & CONDITIONS OR THE CONDUCT OF THE RELATIONSHIP BETWEEN OR AMONG THE PARTIES AND AGREES THAT ALL SUCH DISPUTES SHALL BE DECIDED BY AN ARBITRATOR.
Severability If any provisions of these Terms & Conditions are deemed to be invalid or unenforceable for any reason, such offensive provisions shall be severed to the extent required to conform to applicable law, and the remaining portions of this agreement shall remain in full force and effect.
Notices You consent to receive electronic communications from us via email or posting on this website and acknowledge that such communications satisfy any legal requirement that the communications be made in writing.
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Hawaiian Music & Musicians