PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Song Enterprises Inc offers the Songster Mall Garage Sale web site (the "Song Enterprises Inc Web Site" or "Web Site") to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site. By using the Web Site, you signify your acknowledgement of and agreement to these Terms and Conditions and any subsequent modifications. Song Enterprises Inc may revise these Terms and Conditions from time to time by updating this posting, with the new terms or conditions taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site as they are binding upon you.
Shipping Times and General Information
Before we can ship, we process your order to verify availability of your product(s), shipping selections and credit card information. We will process your order within 1-2 business days and contact you if necessary. Your credit card will not be charged until your order ships.
How fast you receive your order also depends on the shipping method you choose during the order process. We offer a variety of shipping services from standard Ground Shipping to Next Day Air. All shipments of orders received on weekends go out starting on Monday, including priority shipments. All shipping time estimates are in business days. Ground Shipping is estimated to be 2-7 business days depending on your location.
Actual shipping times vary by your location, product and method. Most items ship from our warehouse in Lake Havasu, Arizona. Some items will ship directly from the manufacturer and that can take a while longer. In that case, we will email you with an update on the status of your order.
If the item you order is out of stock or will be delayed, we will email you with an update on the status of your order. Additionally, if you have requested Next Day Air, 2nd Day Air or 3rd Day Shipping, we will inform you of the delay and wait for your approval to proceed. If you wish to change your method of shipping, we can do so at your request and adjust your shipping rate accordingly. WE WILL NOT PROCEED WITH THE ORDER WITHOUT YOUR APPROVAL.
If you order more than one pair of items and we do not have all items available in stock, we will send them separately at no extra cost to you.
How will you contact me regarding my order?
Immediately after you place an online order we'll send an automatically generated acknowledgement.
You will receive confirmation of shipment within 1-2 business days, or be notified of any delay at that time. Availability of items is subject to stock on hand and/or availability of items from manufacturers. Credit card transactions are subject to verification by issuing bank.
Shipping Areas and Restrictions
Orders can be shipped only to locations within the U.S., U.S. protectorates, and APO/FPO addresses. Song Enterprises Inc ships to all 50 states using UPS delivery, the U.S. Postal Service and Federal Express.
If your shipping address is a P.O. box, the U.S. Postal Service (Ground Shipping option) must be used.
We recommend using 2nd Day Air or Next Day Air for shipments to Hawaii or Alaska. Ground shipping may experience significant delays and 3rd Day Shipping service is not available.
We also ship to U.S. Territories including American Samoa, Federated States of Micronesia, Guam, Marshall Islands, Northern Mariana Islands, Palau, Puerto Rico, and the U.S. Virgin Islands. Parcels sent to these locations must be travel via USPS (Ground Shipping option) and may take longer than the 5-7 business days indicated in the shopping cart.
Parcels sent to APO/FPO addresses can only be sent via the United States Postal Service (Ground Shipping option).
Personal and Noncommercial Use
The Song Enterprises Inc Web Site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you covenant and warrant to Song Enterprises Inc that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Disclaimer of Warranties
Neither Song Enterprises Inc nor its officers, directors, members, employees, agents, third party information providers, merchants, licensors or the like warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. If your use of the Song Enterprises Inc Web Site results in the need for servicing or replacing property, material, equipment or data, neither Song Enterprises Inc nor any of its officers, directors, members, employees, or agents is responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of Song Enterprises Inc. Song Enterprises Inc reserves the right to change or discontinue any aspect or feature of the Web Site at any time.
Song Enterprises Inc does not assume any liability for the contents of any material provided on the Web Site. Reliance on any information presented on the Web Site, is at your own risk.
You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Song Enterprises Inc. Accordingly, Song Enterprises Inc and its officers, directors, members, employees and agents assume no liability or responsibility for, the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE. NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE Song Enterprises Inc MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE, TEXT, GRAPHICS AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR Song Enterprises Inc's SERVICES. Limitation of Liability YOUR SOLE REMEDY FOR DISSATISFACTION WITH AND DAMAGES ALLEGEDLY RESULTING FROM YOUR USE OF THE Song Enterprises Inc WEB SITE AND/OR THE CONTENT OR INFORMATION CONTAINED WITHIN THE Song Enterprises Inc WEB SITE IS TO STOP USING THE WEB SITE. IN NO EVENT SHALL Song Enterprises Inc, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS, OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE Song Enterprises Inc WEB SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Song Enterprises Inc IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES AND COUNTRIES Song Enterprises Inc's LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Indemnification
You agree to defend, indemnify and hold Song Enterprises Inc, its officers, directors, members, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, resulting from, or alleged to result from, your use of the Web Site in a manner that violates or is alleged to violate these Terms and Conditions. Song Enterprises Inc shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Links/Advertisements
The Song Enterprises Inc Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Song Enterprises Inc of the sites, but is for your reference and convenience only. Song Enterprises Inc is not responsible for the content or accuracy of any off-site pages or any other sites linked to Song Enterprises Inc. Nor does Song Enterprises Inc recommend or endorse any specific products or procedures that may be mentioned on or represented in advertisements on the Web Site. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Song Enterprises Inc Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. Song Enterprises Inc reserves the right to revoke this license generally or your right to use specific links, at any time and may normally break any hyperlink at anytime without prior notice. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the Song Enterprises Inc Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within Song Enterprises Inc must be displayed in full (including all trademarks, branding, advertising and promotional materials) without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally
displayed on the page within Song Enterprises Inc.
Copyrights
Song Enterprises Inc retains full copyright ownership, rights and protection in all material contained on the Song Enterprises Inc Web Site (including all software, HTML code and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior written consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Web Site.
You may, however make single copies of materials displayed on the Song Enterprises Inc Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Song Enterprises Inc or the copyright owner of the copied material.
None of the material contained on the Song Enterprises Inc Web Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise)resold or redistributed without the prior written consent of Song Enterprises Inc.
All content of this web site Copyright 2005 Song Enterprises Inc. All rights reserved.
General Provisions
You expressly agree that exclusive jurisdiction for any dispute with Song Enterprises Inc, or in any way relating to your use of Song Enterprises Inc's Web Site ("Legal Action"), resides in the courts of the Mohave County, State of Arizona. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the State of Arizona. These Terms and Conditions are governed by the internal substantive laws of the State of Arizona, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to Song Enterprises Inc must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Notice
Song Enterprises Inc may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice posted on Song Enterprises Inc's Web Site, or by written communication delivered by first class U.S. mail. You may give notice to Song Enterprises Inc at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier at the addresses shown below:
Song Enterprises Inc
Attention: Legal Notice
1634 Linda Drive, Lake Havasu City, Az 86403
- OR -
Email: info@songstercharms.com
With "Legal Notice" in the subject line.
