Conditions of Use

SMS JAZZ WEB SITE USE AGREEMENT

This web site is owned and operated by SMS Jazz. Your use of this web site is governed by the terms and conditions of this Web Site Use Agreement ("Agreement") as set forth below. Please read the following information carefully. By registering, using and/or clicking on the "CONFIRM ORDER" button during checkout, you are indicating your acceptance of, and agreement to be bound by, the terms and conditions of this Agreement as set forth below. If you do not agree to these terms and conditions, please do not use this web site and do not submit any orders for products or services from this website.

Purchases

If you wish to license or purchase products or services provided by SMS Jazz you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information provided to us will be accurate, complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying shipping and handling charges relating to your purchases as well as any applicable taxes.

Pricing and Typographical Errors

All prices are subject to change without notice. SMS Jazz makes every effort to provide the most accurate, up-to-the-minute information. However, in rare instances the web site may be mis-priced.

In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, SMS Jazz reserves the right to refuse or cancel any orders placed for products or services listed at the incorrect price.

If a product or service's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If a product or service's correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will then have an opportunity to purchase the item at the correct price, if you so wish.

While we make every attempt to verify prices before charging your credit card, SMS Jazz reserves the right to refuse or cancel any orders placed on mis-priced products or services whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SMS Jazz will immediately issue a credit to your credit card account in the amount charged.

Order Acceptance Policy

The advertisement of any product on this site does not constitute an offer to sell. Likewise, your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of an offer to sell by SMS Jazz. SMS Jazz reserves the right at any time after receipt of your order to accept or decline your order. SMS Jazz reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item in accordance with our order limitation policy.

All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit department. We may require additional verifications or information before accepting any order.

Shipping

All products are shipped using either United States Postal Service Priority or First-Class Mail unless you choose to upgrade to another express service. SMS Jazz does not charge more for shipping than it is charged by the shipping company. Shipping charges are computed by the weight of the items ordered. In some cases we do add a small handling fee to your shipping charges.

All orders received before 3 pm Pacific Time on our normal business days are processed within 1 business day. All orders received after 3 pm Pacific Time on our normal business days are typically processed the next business day.

International customers should expect longer than stated shipping times, due to world conditions and Custom Agency delays.

Returns

Opened and/or downloaded Recorded Music will not be accepted for return. No returns will be accepted without an RMA number issued by SMS Jazz. All unopened returns are subject to a 15% restocking fee. All returns must be shipped in an outer carton in new, resellable condition. Do not mark, or otherwise damage the retail packaging or an additional restocking fee will be assessed to cover damages. SMS Jazz will not be liable for damage or loss occurring during return shipping. Please ship returns via a trackable, insured carrier. All shipping costs are non-refundable and items returned COD will be refused.

Order Limitation Policy

Given the popularity of some products or special offers, SMS Jazz may at times have to restrict the number of such items that you may purchase. Customers will be notified prior to shipment if the full quantity cannot be shipped.

Manufacturer's Specifications

Product specifications as provided by the manufacturer are subject to change without notice. Changes may include, but are not limited to packaged music, bundled accessories, mail-in offers, color, and size.

Warranties

All new products are sold with a limited manufacturer's warranty or vendor warranty unless otherwise noted. The warranty periods and service varies by manufacturer and product.

Except for the SMS Jazz Return Policy, all of your rights and remedies with respect to your order, purchase, possession, and use of the products and services and all maintenance, update, warranty, liability, and any other obligations related to the products and services, if any, shall be governed by the applicable policies and procedures of the manufacturer.

Disclaimer and Limitation of Liability

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, MANUFACTURER OR SUPPLIER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY SMS JAZZ.

SMS JAZZ DOES NOT WARRANT THAT YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMS JAZZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT PURCHASED IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE SMS JAZZ RETURN POLICY, SMS JAZZ AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, OR ANY PRODUCTS OR SERVICES OFFERED, SOLD OR DISPLAYED ON THE SMS JAZZ SITE.

IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF SMS JAZZ AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

A possibility exists that the web site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the web site. Although SMS Jazz attempts to ensure the integrity of the site, it makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform SMS Jazz so that it can be corrected.

Price and availability of products and services offered on the web site are subject to change without prior notice. To the extent we provide information on availability of products or services, you should not rely on such information. SMS Jazz will not be liable for any lack of availability of products and services you may order through the site.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, scripts and software, and the compilation of this content are the property of SMS Jazz or its content suppliers and protected by U.S. and international copyright laws. You agree that you will not reproduce, modify, distribute, transmit, publish, display or perform any of the content found on this web site, such acts being strictly prohibited.

Trademarks

All trademarks and registered trademarks displayed on this web site are the trademarks of their respective owners, many of which are owned by SMS Jazz, and are not intended to imply any endorsement or affiliation between SMS Jazz and any other companies. You agree that you will not use any of the trademarks and registered trademarks on this web site without first obtaining consent from their respective owners.

Governing Law

This Agreement is to be construed and is to take effect as an agreement made in the City of Santa Ana, State of California, United States of America, and in accordance with the laws of that State, and the parties hereby submit to the jurisdiction of the courts of that State. The parties expressly stipulate that all litigation under this Agreement shall be brought in the State courts of the Orange County, California or the United States District Court for the California Central District, Southern Division (and for the purpose of any such suit the parties irrevocably submit and consent to the personal and subject matter jurisdiction and venue of any such court).

Contacting the SMS Jazz Web Site

If you have any questions about the terms and conditions of this Agreement as set forth above, the practices of this web site, or your dealings with SMS Jazz, please contact us at:

SMS Jazz
3688 South Bristol Street
Santa Ana, California 92704 USA
1-714-641-8440

info@smsjazz.com

This Agreement was last revised on January 18, 2004.