Conditions of Use

User Agreement and Guidelines

Last Updated September 3rd, 2023

Welcome to www.arnieabramspianist.com (“the Website”), owned and operated by Arnie Abrams. Please read these Conditions of Use (“Conditions”) carefully before using the Website. By accessing or using the Website, you agree to be bound by these Conditions, which govern your relationship with us and your use of the Website.

If you do not agree to these Conditions, please do not use the Website.

  1. License and Access

Arnie Abrams grants you a limited, non-exclusive, non-transferable, and revocable license to access and make personal, non-commercial use of the Website. This license does not include any resale or commercial use of the Website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions are reserved and retained by Arnie Abrams or his licensors, suppliers, publishers, rightsholders, or other content providers.

  1. Your Account

You may be required to create an account and provide certain personal information in order to access some features or areas of the Website. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for 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 security.

We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

  1. Electronic Communications

When you use the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. Intellectual Property Rights

All content available on the Website, including but not limited to text, images, audio, video, and other materials (“Content”), is the property of Arnie Abrams or his licensors and is protected by copyright, trademark, and other intellectual property laws. The compilation of all content on the Website is the exclusive property of Arnie Abrams and is also protected by copyright laws.

You may not reproduce, distribute, modify, create derivative works from, or otherwise use the Content without the express written consent of Arnie Abrams, except for your personal, non-commercial use.

  1. Copyright Complaints

If you believe that any Content on the Website infringes your copyright, please notify us in accordance with our Copyright Infringement Policy, which is incorporated into these Conditions by reference.

  1. Risk of Loss

All items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

  1. Product Descriptions

We attempt to be as accurate as possible in describing products available for purchase on the Website. However, we do not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free. If a product offered by the Website is not as described, your sole remedy is to return it in unused condition.

  1. Pricing

Except where noted otherwise, the list price displayed for products on the Website represents the full retail price. We cannot confirm the price of an item until you place an order. Despite our best efforts, a small number of the items listed on the Website may be mispriced.

  1. Payment and Billing Information

By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled.

  1. Returns and Refunds

Please review our Return and Refund Policy, which is incorporated into these Conditions, to understand our practices regarding returns and refunds.

  1. Disclaimer of Warranties and Limitation of Liability

The Website and its Content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Arnie Abrams does not warrant that the Website will be available, error-free, or secure, or that any defects will be corrected.

In no event shall Arnie Abrams, his affiliates, agents, employees, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of data, or other damages arising out of or in connection with your use of the Website or its Content, even if advised of the possibility of such damages.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Arnie Abrams and his affiliates, agents, employees, and licensors from and against any and all claims, damages, losses, costs, or other expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Website, your breach of these Conditions, or your violation of any applicable laws or the rights of any third party.

  1. Governing Law and Jurisdiction

These Conditions shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Conditions or your use of the Website shall be resolved exclusively in the state or federal courts located in New Jersey, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such disputes.

  1. Modifications to the Website

We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

  1. Changes to These Conditions

We reserve the right to modify or replace these Conditions at any time, at our sole discretion. Any changes to these Conditions will be posted on this page, and the “Last Updated” date at the top of this page will be revised accordingly. It is your responsibility to review these Conditions periodically for any changes. Your continued use of the Website following the posting of any changes to these Conditions constitutes your acceptance of those changes.

  1. Severability

If any provision of these Conditions is found to be invalid or unenforceable under applicable law, such provision shall be deemed modified to the extent necessary to render it valid and enforceable, and the other provisions of these Conditions shall remain in full force and effect.

  1. Waiver

Our failure to enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision or any other provision of these Conditions.

  1. Contact Information

If you have any questions or concerns regarding these Conditions or the Website, please contact us at arnie@arnieabramspianist.com.