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Terms of Service

1 · Introduction

The Services

This website is operated by Ryan Byrne d/b/a Music Lessons West (hereinafter referred to as “MLW” or “We”). These Terms of Service (“TOS”) govern each user‘s access to and use of this site or services provided by MLW (the “Services”), whether accessed through the Internet or any other medium now known or hereafter invented on any device now known or hereafter invented. The Services may include any one or more of the following: viewing and/or using a website, whether publicly accessible or with restricted access; contests; email subscription lists; search services; online stores (and other shopping services) for the browsing and purchasing of music and other related merchandise, and other items; email, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a MLW site or other Service. Internet access is not included in the Services and separate third party fees may apply.

Age Requirements

In order to use the Services, you must be at least 13 years of age. If you are under 13-years-old, you may not use the Services and you are instructed to leave this website or other Service. If you are between the ages of 13 through 17 years, you may use the Services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing Services while not under the supervision and/or without the written consent of your parent or legal guardian.

These Terms of Service (TOS) constitute a legal agreement between the user of the Services (“you”) and MLW. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the Services. By using the Services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse a site on the Service) or a “Registered User” (which means that you have registered as a user of the Services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the Services.

Modification of these Terms of Service

MLW reserves the right to update or change this TOS at any time. Upon such a change to the TOS, we will update the “Last Updated” date at the bottom of this TOS. It is your responsibility to check the “Last Updated” date so as to be informed of any changes to the TOS. Continued access to or use of the Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to this TOS, as modified from time to time.

Privacy Policy

You may be required to register to use certain Services on this website. To register, you may need to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online communications, transactions, purchase history and usage patterns may be collected, analyzed and stored. MLW’s policies regarding its use and limited disclosure of your personal information are set forth in the Privacy Policy, available at MusicLessonsWestKnoxville.com/privacy-policy. The Privacy Policy is hereby incorporated by reference into this TOS. By agreeing to this TOS, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use the Services. The Privacy Policy shall supersede any conflicting terms contained in this TOS.

Customer Service

For questions or customer service issues, please contact info@MusicLessonsWestKnoxville.com.  We endeavor to answer all responses within seven (7) business days, but please allow longer.

2 · Purchasing Terms: Merchandise

Pricing and Payments

All prices are in US Dollars. Advance payment in full via PayPal, Visa or MasterCard, Discover, or American Express is required, unless otherwise specified. Prices are subject to change at the sole discretion of MLW.

Order Processing

All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.

Shipping

MLW only sells/ships items within the 48 contiguous United States. Orders are typically shipped within ten (10) business days. If you have not received your order after ten business days, please feel free to email us at info@MusicLessonsWestKnoxville.com. Shipping may be slightly delayed on US holidays.

Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. MLW is not responsible for non-receipt of orders that have been deemed delivered. MLW is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.

We ship via USPS, FedEx or UPS. If FedEx or UPS is being used, the “ship to” address may not be a P.O. Box or your order will be considered an “Undeliverable Package” (see the Undeliverable Packages section below). The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS is three (3) to ten (10) business days. The typical delivery timeframe for FedEx or UPS depends on the service selected. If you have not received your delivery, you must contact us within ninety (90) days of purchase or we will not be obligated to re-ship. Shipping charges are determined by the number, weight and type of items ordered, and by the shipping carrier and service selected. We do not ship COD.

Refunds, Returns and Exchanges

There are no refunds, returns, or exchanges. All sales are final except only in the case of a manufacturer’s defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).

MLW will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to MLW (see the Undeliverable Packages section below for details). MLW will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.

Backorders

If any of the items included in your order are backordered, you will be notified of such via Email as well as the estimated re-stock date, and you will be asked to advise MLW to:

  1. Hold your entire order until the item(s) that are out of stock are re-stocked; OR
  2. Ship the in-stock items now and ship the backordered items when re-stocked. A credit in the amount of the backordered item(s) (including the corresponding shipping and handling) will remain on your account until the item(s) are shipped.
  3. Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by MLW); OR
  4. Ship the items that are in stock, issue a full refund for the item(s) that are out of stock (including the corresponding shipping and handling), and issue a partial refund for the cost of shipping and handling and (if applicable) tax;

MLW will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.

Undeliverable Packages

If for any reason your order is classified as undeliverable and returned to MLW you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling (if applicable) will not be refunded. MLW will not re-ship any order that is classified as undeliverable and returned to us.

State Sales Tax

Ryan Byrne d/b/a MLW is based in Knoxville, Tennessee and as such is governed in accordance with the laws of the State of Tennessee. Every effort has been made to ensure that our online stores charge sales tax as the law is required based either on our legal business address in Knoxville, Tennessee or the customer’s state of residence, whichever is required by law. In the event that customer is not charged the correct sales tax, customer is responsible for reporting/paying any applicable sales tax to their state of residence.

Last Updated: 3/22/2020