LAST UPDATED: JUNE 3, 2023
OVERVIEW
This website, operated by Eutonic (referred to as “I”), offers a range of information, tools, and services to users. By accessing or using any aspect of the website, including but not limited to browsing, purchasing products, or contributing content, you agree to be bound by the terms and conditions outlined in this document, referred to as the “Terms of Service.”
I reserve the right to update or modify these terms at any time, and it is your responsibility to check this page periodically for any changes. Your continued use of the website constitutes acceptance of any modifications to the Terms of Service.
Please read these terms carefully before using my website. If you do not agree to be bound by these terms, you are not permitted to access or use the website or any of its services.
The term “I” refers to Eutonic.
GENERAL USE TERMS
By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your jurisdiction, or that you are at least 18 years old and have obtained the consent of a parent or guardian to use this website. If you are under the age of majority, you may only use the Service under the supervision of an adult.
You may not use the Service to violate any laws in your jurisdiction, including but not limited to copyright and trademark laws. You must not transmit any worms, viruses, or any other code of a destructive nature through the Service.
A violation of any of these terms will result in the immediate termination of the Services provided to you. I reserve the right to refuse the Service to any individual at any time for any reason.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from me.
The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.
DISCLAIMER OF WARRANTIES
The information provided on this website is for general informational purposes only and is not intended to be relied upon as complete or accurate. I do not guarantee that the information provided is accurate, complete, or current. You should always consult primary sources of information before making any decisions.
This website may contain historical information. Please note that historical information may not be current and is provided for reference purposes only. I reserve the right to modify the contents of this website at any time, but I have no obligation to update any information on my website.
You agree that it is your responsibility to monitor any changes to the website.
MODIFICATIONS TO THE SERVICE AND PRICES
The prices for the products are subject to change without notice. I reserve the right to modify or discontinue the Service (or any part or content thereof) at any time, without notice.
I shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
LIMITATIONS OF SALES AND PRODUCTS
I reserve the right, but I am not obligated, to limit the sales of my products or services to any person, geographic region, or jurisdiction, and I may exercise this right on a case-by-case basis. I also reserve the right to limit the quantities of any products or services that I offer. All product descriptions and pricing are subject to change at any time without notice, at my sole discretion. I reserve the right to discontinue any product at any time. Any offers for products or services made on this website may be void where prohibited.
I do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ORDER AND SUBSCRIPTION LIMITATIONS
I reserve the right to refuse any order or subscription placed with me. I may, in my sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If I make a change to or cancel an order, I will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. I also reserve the right to limit or prohibit orders that, in my sole judgment, appear to be placed by dealers, resellers, or distributors.
You are responsible for providing current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that I can complete your transactions and contact you as needed.
THIRD-PARTY TOOLS
I may provide you with access to third-party tools over which I have no control or input. You acknowledge and agree that I provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
I may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY CONTENT, PRODUCTS, AND SERVICES
The Service may include materials from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with me. I am not responsible for examining or evaluating the content or accuracy of these third-party websites and do not warrant or have any liability or responsibility for any third-party materials, websites, products, or services.
I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is your responsibility to review carefully the third-party’s policies and practices and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at my request, you send specific submissions (such as contest entries) or if you send creative ideas, suggestions, proposals, plans, or other materials to me without a request from me (collectively, “comments”), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to me. I am not obligated to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
I may, but have no obligation to, monitor, edit, or remove content that I determine, in my sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead me or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third party.
PERSONAL INFORMATION
In addition to these Terms, my Privacy Policy governs your access to and use of the Service. By using the Service, you consent to the collection, use, and sharing of information as outlined in our Privacy Policy, including the transfer of this information within or to Canada, the United States, and/or other countries for storage, processing, and use by Eutonic, its affiliates, and its third-party business associates.
Your submission of personal data and information to me, whether through my website, the store, via the Subscription Service, or otherwise, is governed by and done in accordance with my Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on the website or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
I undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content, including but not limited to the Subscription Music, for any of the following reasons:
(a) For any unlawful purpose
(b) To solicit others to perform or participate in any unlawful acts
(c) To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
(d) To infringe upon or violate my intellectual property rights or the intellectual property rights of others
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
(f) To submit false or misleading information
(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
(h) To collect or track the personal information of others
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape
(j) For any obscene or immoral purpose
(k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
(l) To produce any content that advertises the use of liquor, tobacco, weapons, firearms, illicit drugs, violence, harassment, sexually explicit content, and items or acts of a similar nature
(m) Is in violation of my Code of Ethics
(n) To commit any acts or create any content that
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
I do not guarantee, represent, or warrant that your use of my Service will be uninterrupted, timely, secure, or error-free. I do not represent, warrant, or covenant that the results that may be obtained from the use of the Service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall I, Eutonic, my parents, affiliates, subsidiaries, or partners, and each of my and their directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
By using the website and services provided by me, Eutonic, you agree to the terms and conditions outlined in these Terms of Service. You are responsible for regularly reviewing these terms and any updates or changes that may occur. You are also responsible for ensuring that your use of the website and services complies with all laws and regulations.
You agree not to use the website or services for any unlawful or prohibited purposes, and that any information you provide to me, Eutonic, is accurate and complete. Prices for products and services are subject to change without notice, and I reserve the right to modify or discontinue the service at any time.
I am not responsible for any errors or inaccuracies on the website, and any use of the website or services is at your own risk. I am also not liable for any damages resulting from the use of the website or services.
You agree to indemnify and hold harmless me, Eutonic, and my affiliates, partners, and employees from any claims or demands made by third parties as a result of your use of the website or services.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent allowed by law. However, the unenforceable portion will be considered severed from these Terms of Service. This will not affect the validity and enforceability of any other provisions in these Terms of Service.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service will remain in effect until terminated by either you or me, Eutonic. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my Services, or by ceasing use of my website. If, in my sole discretion, you fail to comply with any term or provision of these Terms of Service, I may also terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination. I also reserve the right to deny you access to my Services in such cases.
ENTIRE AGREEMENT
In conclusion, these Terms of Service outline the legal agreement between you and me, Eutonic, regarding your use of the Service. By using the Service, you agree to abide by these terms and conditions, including any additional guidelines or rules that may be posted on the website. If you do not agree to these terms, you should not use the Service. The terms include a disclaimer of warranties, a liability limitation, and a requirement for indemnification in case of any legal issues arising from the use of the Service. The terms also include provisions for termination of the agreement and outline the governing laws and jurisdiction in case of any disputes.
GOVERNING LAW
These Terms of Service and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with the laws of the state of the United States and the federal laws of the United States applicable therein. You expressly agree that exclusive jurisdiction for any claim or dispute with me, Eutonic, or relating in any way to your use of the website, Service, and Subscription Service resides in the courts of the state of the United States.
DISPUTE RESOLUTION
You and I, Eutonic, agree to resolve any disputes, controversies, or claims arising out of or in relation to these Terms of Service or your use of the Service through confidential binding arbitration, in accordance with the laws of the United States. This includes any disputes related to the interpretation, performance, or failure to act regarding the Service. However, either party may seek equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes must be notified to me, Eutonic, in writing within 30 days of when it arises. Attempts at informal resolution will be made before arbitration, and the arbitration will be conducted under the American Arbitration Association. Each party will select one arbitrator, and the selected arbitrators will appoint a third arbitrator. The decision of the arbitration panel will be final and binding on both parties.
ASSIGNMENT
You may not transfer or delegate any rights or obligations under these Terms of Service without my prior written consent, Eutonic. Any attempted transfer or delegation without such consent will be null and void. On the other hand, I, Eutonic, have the right to freely assign my rights and obligations under these Terms of Service to a third party without the need for your consent.
TERM AND TERMINATION
The agreement outlined in these Terms of Service will remain valid until it is terminated by me, Eutonic. Should I choose to terminate these Terms of Service for any reason, or if you fail to comply with any of the terms or conditions listed in these Terms of Service or any related documents, your access to the Service or Subscription Service will be immediately revoked.
CHANGES TO TERMS OF SERVICE
Your agreement to these terms will remain in effect until terminated by either party. I, Eutonic, reserve the right to terminate the agreement for any reason, including if you violate any of the terms or conditions outlined in the Terms of Service. In the event of termination, your right to use the Service or Subscription Service will immediately cease. It is your responsibility to check my website regularly for any updates to the Terms of Service, and your continued use of the service will be taken as acceptance of these changes.
QUESTIONS AND CONTACT INFORMATION
If you have any questions or concerns regarding these Terms of Service, please contact me at support@eutonic.net or by mail. My customer service team will be happy to assist you.
Eutonic
228681 County Rd E
Athens, Wisconsin 54411
United States
