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This notice
contains legal information, including the Terms and Conditions and Code of
Conduct applicable to this website.
OWNERSHIP
This Internet
website is the property of Low Rush Music, LLC.
LowRush may be referred to wherein as
LowRush, Low Rush Music, Low Rush, or
company.
TERMS AND CONDITIONS
TRADEMARK AND COPYRIGHT INFORMATION: All material on this website,
including, but not limited to, text, data, graphics, logos, button icons,
images, audio clips, video clips, links, digital downloads, data
compilations, and software is owned, controlled by, or licensed to
LowRush and is protected by copyright,
trademark, and other intellectual property rights. Material on this
website is made available solely for your personal, non-commercial use and
may not be copied, reproduced, republished, modified, uploaded, posted,
transmitted, or distributed in any way, including by e-mail or other
electronic means, without the express prior written consent of
LowRush in each instance. You may only
download material intentionally made available for downloading from this
website for your personal, non-commercial use only, provided that you keep
intact any and all copyright and other proprietary notices that may appear
on such materials.
CODE OF CONDUCT
The following
rules, policies, and disclaimers shall govern and/or apply to your use of
this website and, without exception, all pages of this website.
You agree, by using this website, that: (1) you will not use this website
or post any material that is knowingly false and/or defamatory,
inaccurate, abusive, vulgar, obscene, profane, hateful, harassing,
sexually oriented, threatening, invasive of one's privacy, or otherwise in
violation of any law; (2) you will not restrict or inhibit any other user
from using and enjoying this website; (3) you will not post any
copyrighted material on this website unless you own the copyright in and
to such material; (4) you will not post or transmit any information or
software that contains a virus, worm, trojan horse or other harmful,
disruptive, or deleterious component; (5) you will not post or transmit
materials in violation of another party's copyright or other intellectual
property rights; (6) you will not utilize any robot, spider, site
search/retrieval application, or any other manual or automated technique
to scrape, index, data mine, or in any way reproduce or circumvent the
navigational structure or presentation of this website; and (7) you will
not impersonate any other individual or entity in connection with your use
of this website.
SENDING MATERIAL TO LOW RUSH
We are not
responsible for any material you send to LowRush.
You acknowledge that LowRush is under
no obligation to acknowledge receipt of any material, be it audio, video,
digigital, or in any form, that you send to
LowRush.
WARRANTY DISCLAIMER
LowRush MAY PROVIDED LINKS AND
POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY
SITES") AND MAY, FROM TIME TO TIME, PROVIDE THIRD PARTY MATERIALS ON THIS
WEBSITE. THE MATERIALS IN THIS WEBSITE AND THE THIRD PARTY SITES ARE
PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THIS WEBSITE.
LowRush, ITS AFFILIATES, AND ITS
SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES
ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THIS WEBSITE AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. LowRush DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THIS WEBSITE, AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES,
OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. LowRush DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS ON THIS WEBSITE, OR ANY THIRD PARTY SITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR
OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE,
REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.
VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all products or
services discussed or referenced on this website are available to all
persons or in all geographic locations. LowRush
reserves the right to limit, in its sole discretion, the provision and
quantity of any product or service to any person or geographic area it so
desires. Any offer for any product or service made in this website is void
where prohibited.
MAKING PURCHASES
If you wish to purchase products or services described on this website,
you may be asked to supply certain information including credit card or
other payment information. You agree that all information that you provide
will be accurate, complete, and current. You agree to pay all charges,
including shipping and handling charges, incurred by users of your credit
card or other payment mechanism at the prices in effect when such charges
are incurred. You will also be responsible for paying any applicable taxes
relating to your purchases.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
LowRush and its affiliated companies,
officers, directors, employees, agents, licensors, and suppliers from and
against all losses, expenses, damages, and costs, including reasonable
attorneys' fees, resulting from any violation by you of these Terms and
Conditions. LowRush reserves the
right to assume the exclusive defense and control of any matter subject to
indemnification by you.
LITIGATION ISSUES
This Agreement is entered into in the State of Georgia and shall be
governed by, and construed in accordance with, the laws of the State of
Georgia, exclusive of its choice of law rules. Each party to this
Agreement submits to the exclusive jurisdiction of the state and federal
courts sitting in the the City of Social Circle in the State of Georgia,
and waives any jurisdictional, venue, or inconvenient forum objections to
such courts. Each party to this Agreement further agrees as follows: (i)
any claim brought to enforce this Agreement must be commenced within two
(2) years of the cause of action accruing; (ii) no recovery may be sought
or received for damages other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorneys' fees; (iii) any
claim must be brought individually and not consolidated as part of a group
or class action complaint.
MISCELLANEOUS
In the event that any of the provisions of this Agreement are held by a
court or other tribunal of competent jurisdiction to be unenforceable,
such provisions shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and
effect.
This Agreement constitutes the entire agreement between the parties hereto
pertaining to the subject matter hereof, and any and all written or oral
agreements heretofore existing between the parties hereto with respect to
the subject matter of this Agreement are expressly canceled.
LowRush may modify the terms of this
Agreement by posting notice of such modification on the page of this
website entitled "Legal Notices" or "Legal Information" (or similar title)
before the modification takes effect.
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for
notifying service providers of claims of unauthorized use of copyrighted
materials. Under the DMCA, a claim must be sent to the service provider's
Designated Agent. If you believe in good faith that
LowRush should be notified of a possible
online copyright infringement involving this website or any material on
any of the pages of this website, notify LowRush
at LowRush Music, L.L.C., P.O. Box 400, Social
Circle, Georgia 30025.
Please be aware that, in order to be effective, your notice of claim must
comply with the detailed requirements set forth in the DMCA. You are
encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending
your notice of claim.
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